diff --git a/bills_text/House-1058.txt b/bills_text/House-1058.txt new file mode 100644 index 0000000..8d55382 --- /dev/null +++ b/bills_text/House-1058.txt @@ -0,0 +1,275 @@ + H.R.1058 + + One Hundred Sixteenth Congress + + 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 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, +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. + 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.''. +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''. + (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''. + (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''. + (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.''. + (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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1079.txt b/bills_text/House-1079.txt new file mode 100644 index 0000000..8644cb8 --- /dev/null +++ b/bills_text/House-1079.txt @@ -0,0 +1,93 @@ + H.R.1079 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1123.txt b/bills_text/House-1123.txt new file mode 100644 index 0000000..12c05da --- /dev/null +++ b/bills_text/House-1123.txt @@ -0,0 +1,52 @@ + H.R.1123 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1138.txt b/bills_text/House-1138.txt new file mode 100644 index 0000000..d618550 --- /dev/null +++ b/bills_text/House-1138.txt @@ -0,0 +1,52 @@ + H.R.1138 + + One Hundred Sixteenth Congress + + 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. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1158.txt b/bills_text/House-1158.txt new file mode 100644 index 0000000..22c7387 --- /dev/null +++ b/bills_text/House-1158.txt @@ -0,0 +1,11779 @@ + H.R.1158 + + One Hundred Sixteenth Congress + + 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 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. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1198.txt b/bills_text/House-1198.txt new file mode 100644 index 0000000..d6eb5a9 --- /dev/null +++ b/bills_text/House-1198.txt @@ -0,0 +1,39 @@ + H.R.1198 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1200.txt b/bills_text/House-1200.txt new file mode 100644 index 0000000..97c6a4e --- /dev/null +++ b/bills_text/House-1200.txt @@ -0,0 +1,72 @@ + H.R.1200 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1222.txt b/bills_text/House-1222.txt new file mode 100644 index 0000000..cd1265d --- /dev/null +++ b/bills_text/House-1222.txt @@ -0,0 +1,150 @@ + H.R.1222 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1240.txt b/bills_text/House-1240.txt new file mode 100644 index 0000000..6bc97a1 --- /dev/null +++ b/bills_text/House-1240.txt @@ -0,0 +1,133 @@ + H.R.1240 + + One Hundred Sixteenth Congress + + 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 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''. +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. +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. + (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. + (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 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) 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. + (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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1250.txt b/bills_text/House-1250.txt new file mode 100644 index 0000000..7512cc0 --- /dev/null +++ b/bills_text/House-1250.txt @@ -0,0 +1,38 @@ + H.R.1250 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + (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 +Memorial Post Office''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1252.txt b/bills_text/House-1252.txt new file mode 100644 index 0000000..58e710f --- /dev/null +++ b/bills_text/House-1252.txt @@ -0,0 +1,38 @@ + H.R.1252 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1253.txt b/bills_text/House-1253.txt new file mode 100644 index 0000000..36d52f9 --- /dev/null +++ b/bills_text/House-1253.txt @@ -0,0 +1,38 @@ + H.R.1253 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1327.txt b/bills_text/House-1327.txt new file mode 100644 index 0000000..91483de --- /dev/null +++ b/bills_text/House-1327.txt @@ -0,0 +1,150 @@ + H.R.1327 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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''. + (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 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) 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.''. + (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 +``$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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1365.txt b/bills_text/House-1365.txt new file mode 100644 index 0000000..4bc70a9 --- /dev/null +++ b/bills_text/House-1365.txt @@ -0,0 +1,42 @@ + H.R.1365 + + One Hundred Sixteenth Congress + + 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 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. diff --git a/bills_text/House-1396.txt b/bills_text/House-1396.txt new file mode 100644 index 0000000..f9a56cd --- /dev/null +++ b/bills_text/House-1396.txt @@ -0,0 +1,210 @@ + H.R.1396 + + One Hundred Sixteenth Congress + + 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 + 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. +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''). + (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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1418.txt b/bills_text/House-1418.txt new file mode 100644 index 0000000..944b40b --- /dev/null +++ b/bills_text/House-1418.txt @@ -0,0 +1,96 @@ + H.R.1418 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + (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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1424.txt b/bills_text/House-1424.txt new file mode 100644 index 0000000..0e1e055 --- /dev/null +++ b/bills_text/House-1424.txt @@ -0,0 +1,44 @@ + H.R.1424 + + One Hundred Sixteenth Congress + + 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 + 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1449.txt b/bills_text/House-1449.txt new file mode 100644 index 0000000..1e41167 --- /dev/null +++ b/bills_text/House-1449.txt @@ -0,0 +1,38 @@ + H.R.1449 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1492.txt b/bills_text/House-1492.txt new file mode 100644 index 0000000..779168c --- /dev/null +++ b/bills_text/House-1492.txt @@ -0,0 +1,52 @@ + H.R.1492 + + One Hundred Sixteenth Congress + + 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 + 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-150.txt b/bills_text/House-150.txt new file mode 100644 index 0000000..7143986 --- /dev/null +++ b/bills_text/House-150.txt @@ -0,0 +1,297 @@ + H.R.150 + + One Hundred Sixteenth Congress + + 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 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: + + ``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING + +``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 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 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-- + ``(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 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: + +``64. Data standards for grant reporting.........................6401''. + +SEC. 5. SINGLE AUDIT ACT. + (a) Amendments.-- + (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 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 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. 7. EVALUATION OF NONPROPRIETARY IDENTIFIERS. + (a) Determination Required.--The Director and the Secretary shall +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 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1503.txt b/bills_text/House-1503.txt new file mode 100644 index 0000000..e0277aa --- /dev/null +++ b/bills_text/House-1503.txt @@ -0,0 +1,217 @@ + H.R.1503 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 +2020''. +SEC. 2. ORANGE BOOK MODERNIZATION. + (a) Submission of Patent Information for Brand Name Drugs.-- + (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 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, 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. diff --git a/bills_text/House-1520.txt b/bills_text/House-1520.txt new file mode 100644 index 0000000..47b5271 --- /dev/null +++ b/bills_text/House-1520.txt @@ -0,0 +1,34 @@ + H.R.1520 + + One Hundred Sixteenth Congress + + 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. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1526.txt b/bills_text/House-1526.txt new file mode 100644 index 0000000..1a5233a --- /dev/null +++ b/bills_text/House-1526.txt @@ -0,0 +1,38 @@ + H.R.1526 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1569.txt b/bills_text/House-1569.txt new file mode 100644 index 0000000..0685a46 --- /dev/null +++ b/bills_text/House-1569.txt @@ -0,0 +1,35 @@ + H.R.1569 + + One Hundred Sixteenth Congress + + 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 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1590.txt b/bills_text/House-1590.txt new file mode 100644 index 0000000..5e76eb7 --- /dev/null +++ b/bills_text/House-1590.txt @@ -0,0 +1,73 @@ + H.R.1590 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1668.txt b/bills_text/House-1668.txt new file mode 100644 index 0000000..1be0eaf --- /dev/null +++ b/bills_text/House-1668.txt @@ -0,0 +1,328 @@ + H.R.1668 + + One Hundred Sixteenth Congress + + 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 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. +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)). +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 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 + 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 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 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. + (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) 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1773.txt b/bills_text/House-1773.txt new file mode 100644 index 0000000..50f57d3 --- /dev/null +++ b/bills_text/House-1773.txt @@ -0,0 +1,121 @@ + H.R.1773 + + One Hundred Sixteenth Congress + + 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 + 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1812.txt b/bills_text/House-1812.txt new file mode 100644 index 0000000..beac780 --- /dev/null +++ b/bills_text/House-1812.txt @@ -0,0 +1,68 @@ + H.R.1812 + + One Hundred Sixteenth Congress + + 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 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.''. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1830.txt b/bills_text/House-1830.txt new file mode 100644 index 0000000..939af23 --- /dev/null +++ b/bills_text/House-1830.txt @@ -0,0 +1,160 @@ + H.R.1830 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. 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 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.-- + (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, +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). + (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 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 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). + (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. +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. diff --git a/bills_text/House-1833.txt b/bills_text/House-1833.txt new file mode 100644 index 0000000..90f0ae0 --- /dev/null +++ b/bills_text/House-1833.txt @@ -0,0 +1,39 @@ + H.R.1833 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1839.txt b/bills_text/House-1839.txt new file mode 100644 index 0000000..0ad80f2 --- /dev/null +++ b/bills_text/House-1839.txt @@ -0,0 +1,734 @@ + H.R.1839 + + One Hundred Sixteenth Congress + + 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 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1844.txt b/bills_text/House-1844.txt new file mode 100644 index 0000000..a1fc9e3 --- /dev/null +++ b/bills_text/House-1844.txt @@ -0,0 +1,39 @@ + H.R.1844 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1865.txt b/bills_text/House-1865.txt new file mode 100644 index 0000000..7f09167 --- /dev/null +++ b/bills_text/House-1865.txt @@ -0,0 +1,38707 @@ + H.R.1865 + + One Hundred Sixteenth Congress + + 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 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). + + ``(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.-- + + ``(I) Application of certain provisions.-- + + ``(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. + + ``(II) Exclusivity.--Nothing in this subparagraph + shall be construed to affect section 351(k)(7)(D) of + the Public Health Service Act. + + ``(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-- + + (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-- + (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-- + + (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). + + (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-- + + (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-- + + (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. + 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)-- + + ``(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). + + ``(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-- + + ``(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. + + ``(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, + + 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-- + + ``(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. + + 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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1952.txt b/bills_text/House-1952.txt new file mode 100644 index 0000000..f919120 --- /dev/null +++ b/bills_text/House-1952.txt @@ -0,0 +1,86 @@ + H.R.1952 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + ``(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: + ``(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 180 days after the date of enactment of +this Act. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1957.txt b/bills_text/House-1957.txt new file mode 100644 index 0000000..fc3be2e --- /dev/null +++ b/bills_text/House-1957.txt @@ -0,0 +1,301 @@ + H.R.1957 + + One Hundred Sixteenth Congress + + 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 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. + + Be it enacted by the Senate 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) 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: + +``200303. Availability of funds.''. + + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1966.txt b/bills_text/House-1966.txt new file mode 100644 index 0000000..73abae9 --- /dev/null +++ b/bills_text/House-1966.txt @@ -0,0 +1,101 @@ + H.R.1966 + + One Hundred Sixteenth Congress + + 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 + 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) shall include review of cancer clinical trials that are largely +funded by Federal agencies. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-1972.txt b/bills_text/House-1972.txt new file mode 100644 index 0000000..9eec537 --- /dev/null +++ b/bills_text/House-1972.txt @@ -0,0 +1,38 @@ + H.R.1972 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2030.txt b/bills_text/House-2030.txt new file mode 100644 index 0000000..da01a2e --- /dev/null +++ b/bills_text/House-2030.txt @@ -0,0 +1,53 @@ + H.R.2030 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2151.txt b/bills_text/House-2151.txt new file mode 100644 index 0000000..d463aea --- /dev/null +++ b/bills_text/House-2151.txt @@ -0,0 +1,39 @@ + H.R.2151 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2157.txt b/bills_text/House-2157.txt new file mode 100644 index 0000000..fcd5a68 --- /dev/null +++ b/bills_text/House-2157.txt @@ -0,0 +1,1681 @@ + H.R.2157 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate and House of Representatives of the +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 + + 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, 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 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 +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, 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 + + 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, 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 + + 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, +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 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. 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 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 +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) 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). + (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 +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, $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 + + 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'', $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. + + Operation and Maintenance, Air Force + + For an additional amount for ``Operation and Maintenance, Air +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 + + 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, 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 + + 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 ``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 +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 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, $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, $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, 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 + + 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'', +$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. + + TITLE V + + 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 VI + + 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. 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 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 VII + + 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 +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. + + 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. 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, +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 VIII + + 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 +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 + + Administration for Children and Families + + 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. + + children and families services programs + + For an additional amount for ``Children and Families Services +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, +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 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 +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. + + 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 + + (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, 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 ``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. 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.''; 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. + + TITLE IX + + 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 X + + DEPARTMENT OF DEFENSE + + Military Construction, Navy and Marine Corps + + For an additional amount for ``Military Construction, Navy and +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: 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'', +$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 + + 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. + + 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 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 +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. + + 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 + + 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'', +$2,431,000,000, 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 +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 +$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 +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. 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 +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. + 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 + + GENERAL PROVISIONS--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. 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. 1203. 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. 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. 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 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. diff --git a/bills_text/House-2196.txt b/bills_text/House-2196.txt new file mode 100644 index 0000000..eb2cafa --- /dev/null +++ b/bills_text/House-2196.txt @@ -0,0 +1,36 @@ + H.R.2196 + + One Hundred Sixteenth Congress + + 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 +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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2246.txt b/bills_text/House-2246.txt new file mode 100644 index 0000000..a7549a7 --- /dev/null +++ b/bills_text/House-2246.txt @@ -0,0 +1,42 @@ + H.R.2246 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2325.txt b/bills_text/House-2325.txt new file mode 100644 index 0000000..cc25880 --- /dev/null +++ b/bills_text/House-2325.txt @@ -0,0 +1,38 @@ + H.R.2325 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2333.txt b/bills_text/House-2333.txt new file mode 100644 index 0000000..392e9d0 --- /dev/null +++ b/bills_text/House-2333.txt @@ -0,0 +1,51 @@ + H.R.2333 + + One Hundred Sixteenth Congress + + 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 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 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2334.txt b/bills_text/House-2334.txt new file mode 100644 index 0000000..5321915 --- /dev/null +++ b/bills_text/House-2334.txt @@ -0,0 +1,43 @@ + H.R.2334 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2336.txt b/bills_text/House-2336.txt new file mode 100644 index 0000000..c2f572c --- /dev/null +++ b/bills_text/House-2336.txt @@ -0,0 +1,42 @@ + H.R.2336 + + One Hundred Sixteenth Congress + + 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 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2359.txt b/bills_text/House-2359.txt new file mode 100644 index 0000000..371167f --- /dev/null +++ b/bills_text/House-2359.txt @@ -0,0 +1,68 @@ + H.R.2359 + + One Hundred Sixteenth Congress + + 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 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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2372.txt b/bills_text/House-2372.txt new file mode 100644 index 0000000..df6a081 --- /dev/null +++ b/bills_text/House-2372.txt @@ -0,0 +1,78 @@ + H.R.2372 + + One Hundred Sixteenth Congress + + 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 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 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. + (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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2379.txt b/bills_text/House-2379.txt new file mode 100644 index 0000000..e8f5734 --- /dev/null +++ b/bills_text/House-2379.txt @@ -0,0 +1,40 @@ + H.R.2379 + + One Hundred Sixteenth Congress + + 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 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: +``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'.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2385.txt b/bills_text/House-2385.txt new file mode 100644 index 0000000..cedc8ff --- /dev/null +++ b/bills_text/House-2385.txt @@ -0,0 +1,79 @@ + H.R.2385 + + One Hundred Sixteenth Congress + + 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. + + 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) 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 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2423.txt b/bills_text/House-2423.txt new file mode 100644 index 0000000..ee81895 --- /dev/null +++ b/bills_text/House-2423.txt @@ -0,0 +1,183 @@ + H.R.2423 + + One Hundred Sixteenth Congress + + 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 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 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. +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 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. +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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2451.txt b/bills_text/House-2451.txt new file mode 100644 index 0000000..55ddd9d --- /dev/null +++ b/bills_text/House-2451.txt @@ -0,0 +1,38 @@ + H.R.2451 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2454.txt b/bills_text/House-2454.txt new file mode 100644 index 0000000..20fdb02 --- /dev/null +++ b/bills_text/House-2454.txt @@ -0,0 +1,38 @@ + H.R.2454 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2468.txt b/bills_text/House-2468.txt new file mode 100644 index 0000000..1134fc3 --- /dev/null +++ b/bills_text/House-2468.txt @@ -0,0 +1,100 @@ + H.R.2468 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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)(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. diff --git a/bills_text/House-2476.txt b/bills_text/House-2476.txt new file mode 100644 index 0000000..62bc628 --- /dev/null +++ b/bills_text/House-2476.txt @@ -0,0 +1,90 @@ + H.R.2476 + + One Hundred Sixteenth Congress + + 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 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 + 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 +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.''. + + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2502.txt b/bills_text/House-2502.txt new file mode 100644 index 0000000..b45b6fa --- /dev/null +++ b/bills_text/House-2502.txt @@ -0,0 +1,81 @@ + H.R.2502 + + One Hundred Sixteenth Congress + + 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 + 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.''. + + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-251.txt b/bills_text/House-251.txt new file mode 100644 index 0000000..0484580 --- /dev/null +++ b/bills_text/House-251.txt @@ -0,0 +1,38 @@ + H.R.251 + + One Hundred Sixteenth Congress + + 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 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. + 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 ``5 years and 3 +months''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-259.txt b/bills_text/House-259.txt new file mode 100644 index 0000000..21c5448 --- /dev/null +++ b/bills_text/House-259.txt @@ -0,0 +1,135 @@ + H.R.259 + + One Hundred Sixteenth Congress + + 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 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-263.txt b/bills_text/House-263.txt new file mode 100644 index 0000000..1e4e19b --- /dev/null +++ b/bills_text/House-263.txt @@ -0,0 +1,90 @@ + H.R.263 + + One Hundred Sixteenth Congress + + 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. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-266.txt b/bills_text/House-266.txt new file mode 100644 index 0000000..824e3b3 --- /dev/null +++ b/bills_text/House-266.txt @@ -0,0 +1,550 @@ + H.R.266 + + One Hundred Sixteenth Congress + + 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 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, +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: + + TITLE I + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + 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'', $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) + + 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 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 + + INDEPENDENT AGENCIES + + Small Business Administration + + salaries and expenses + + 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. + + TITLE III + + GENERAL PROVISIONS--THIS ACT + + 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. + 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. diff --git a/bills_text/House-2695.txt b/bills_text/House-2695.txt new file mode 100644 index 0000000..6206364 --- /dev/null +++ b/bills_text/House-2695.txt @@ -0,0 +1,36 @@ + H.R.2695 + + One Hundred Sixteenth Congress + + 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. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-276.txt b/bills_text/House-276.txt new file mode 100644 index 0000000..ecccd4e --- /dev/null +++ b/bills_text/House-276.txt @@ -0,0 +1,119 @@ + H.R.276 + + One Hundred Sixteenth Congress + + 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2938.txt b/bills_text/House-2938.txt new file mode 100644 index 0000000..440b3ae --- /dev/null +++ b/bills_text/House-2938.txt @@ -0,0 +1,67 @@ + H.R.2938 + + One Hundred Sixteenth Congress + + 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 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.''. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2940.txt b/bills_text/House-2940.txt new file mode 100644 index 0000000..c221f79 --- /dev/null +++ b/bills_text/House-2940.txt @@ -0,0 +1,36 @@ + H.R.2940 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-2969.txt b/bills_text/House-2969.txt new file mode 100644 index 0000000..384d54e --- /dev/null +++ b/bills_text/House-2969.txt @@ -0,0 +1,39 @@ + H.R.2969 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-299.txt b/bills_text/House-299.txt new file mode 100644 index 0000000..1a65935 --- /dev/null +++ b/bills_text/House-299.txt @@ -0,0 +1,562 @@ + H.R.299 + + One Hundred Sixteenth Congress + + 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 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), 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. + (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. + (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) 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. +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) 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 +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.-- + (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: + + +---------------------------------------------------------------------------------------------------------------- + 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 + 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 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, 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 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 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, 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 + 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 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, 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 + 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 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, 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''. +---------------------------------------------------------------------------------------------------------------- + + + (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 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. + (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). +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3005.txt b/bills_text/House-3005.txt new file mode 100644 index 0000000..08a5fd5 --- /dev/null +++ b/bills_text/House-3005.txt @@ -0,0 +1,38 @@ + H.R.3005 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3055.txt b/bills_text/House-3055.txt new file mode 100644 index 0000000..4fbe878 --- /dev/null +++ b/bills_text/House-3055.txt @@ -0,0 +1,546 @@ + H.R.3055 + + One Hundred Sixteenth Congress + + 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 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''. + + 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. + (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. diff --git a/bills_text/House-3144.txt b/bills_text/House-3144.txt new file mode 100644 index 0000000..f936812 --- /dev/null +++ b/bills_text/House-3144.txt @@ -0,0 +1,38 @@ + H.R.3144 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3151.txt b/bills_text/House-3151.txt new file mode 100644 index 0000000..04257e6 --- /dev/null +++ b/bills_text/House-3151.txt @@ -0,0 +1,1965 @@ + H.R.3151 + + One Hundred Sixteenth Congress + + 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 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 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''. + (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 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.''. + (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 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 +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 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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3196.txt b/bills_text/House-3196.txt new file mode 100644 index 0000000..5f47624 --- /dev/null +++ b/bills_text/House-3196.txt @@ -0,0 +1,87 @@ + H.R.3196 + + One Hundred Sixteenth Congress + + 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 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 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. +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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3207.txt b/bills_text/House-3207.txt new file mode 100644 index 0000000..c7bbeaa --- /dev/null +++ b/bills_text/House-3207.txt @@ -0,0 +1,39 @@ + H.R.3207 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3245.txt b/bills_text/House-3245.txt new file mode 100644 index 0000000..1af1875 --- /dev/null +++ b/bills_text/House-3245.txt @@ -0,0 +1,47 @@ + H.R.3245 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3250.txt b/bills_text/House-3250.txt new file mode 100644 index 0000000..66a3aea --- /dev/null +++ b/bills_text/House-3250.txt @@ -0,0 +1,103 @@ + H.R.3250 + + One Hundred Sixteenth Congress + + 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 + 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 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. + (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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3253.txt b/bills_text/House-3253.txt new file mode 100644 index 0000000..7279d52 --- /dev/null +++ b/bills_text/House-3253.txt @@ -0,0 +1,88 @@ + H.R.3253 + + One Hundred Sixteenth Congress + + 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 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. + 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 ``December 31, 2019''. + (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 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 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. diff --git a/bills_text/House-3275.txt b/bills_text/House-3275.txt new file mode 100644 index 0000000..424a84e --- /dev/null +++ b/bills_text/House-3275.txt @@ -0,0 +1,38 @@ + H.R.3275 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3304.txt b/bills_text/House-3304.txt new file mode 100644 index 0000000..5f50dcf --- /dev/null +++ b/bills_text/House-3304.txt @@ -0,0 +1,46 @@ + H.R.3304 + + One Hundred Sixteenth Congress + + 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 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3305.txt b/bills_text/House-3305.txt new file mode 100644 index 0000000..a088d27 --- /dev/null +++ b/bills_text/House-3305.txt @@ -0,0 +1,38 @@ + H.R.3305 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3311.txt b/bills_text/House-3311.txt new file mode 100644 index 0000000..8924a6f --- /dev/null +++ b/bills_text/House-3311.txt @@ -0,0 +1,470 @@ + H.R.3311 + + One Hundred Sixteenth Congress + + 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 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 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. + ``(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'' 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 +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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3314.txt b/bills_text/House-3314.txt new file mode 100644 index 0000000..41467cc --- /dev/null +++ b/bills_text/House-3314.txt @@ -0,0 +1,40 @@ + H.R.3314 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3317.txt b/bills_text/House-3317.txt new file mode 100644 index 0000000..d0cef53 --- /dev/null +++ b/bills_text/House-3317.txt @@ -0,0 +1,40 @@ + H.R.3317 + + One Hundred Sixteenth Congress + + 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 + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3329.txt b/bills_text/House-3329.txt new file mode 100644 index 0000000..7139a33 --- /dev/null +++ b/bills_text/House-3329.txt @@ -0,0 +1,38 @@ + H.R.3329 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3349.txt b/bills_text/House-3349.txt new file mode 100644 index 0000000..81ea17c --- /dev/null +++ b/bills_text/House-3349.txt @@ -0,0 +1,78 @@ + H.R.3349 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 +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) 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3399.txt b/bills_text/House-3399.txt new file mode 100644 index 0000000..2ca868b --- /dev/null +++ b/bills_text/House-3399.txt @@ -0,0 +1,72 @@ + H.R.3399 + + One Hundred Sixteenth Congress + + 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 + 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: + ``(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 +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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3401.txt b/bills_text/House-3401.txt new file mode 100644 index 0000000..5c1d2e5 --- /dev/null +++ b/bills_text/House-3401.txt @@ -0,0 +1,524 @@ + H.R.3401 + + One Hundred Sixteenth Congress + + 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 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'', $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'', 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 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. + + 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 + + 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, $1,015,431,000; 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 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 + + 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, $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'', $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 +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 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. 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. 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'. + ``(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. 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 +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. 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 +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. 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. 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 IV + + DEPARTMENT OF HEALTH AND HUMAN SERVICES + + Administration for Children and Families + + 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 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. 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 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 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 +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. 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. 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 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 every 60 days until all funds are expended or expired. + + 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 2019. + 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. 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3465.txt b/bills_text/House-3465.txt new file mode 100644 index 0000000..5e42d74 --- /dev/null +++ b/bills_text/House-3465.txt @@ -0,0 +1,78 @@ + H.R.3465 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 +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) 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3504.txt b/bills_text/House-3504.txt new file mode 100644 index 0000000..781db9f --- /dev/null +++ b/bills_text/House-3504.txt @@ -0,0 +1,368 @@ + H.R.3504 + + One Hundred Sixteenth Congress + + 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 improvements to + 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 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-- + (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''. + (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. +SEC. 4. PROVISION OF ADDITIONAL AMOUNTS OF SPECIALLY ADAPTED HOUSING +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 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: + +``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) 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 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 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 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 +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, 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: + + +---------------------------------------------------------------------------------------------------------------- + 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 + 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 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, + 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 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 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 + 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 + 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 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 + (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 + 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 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 + (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. 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3589.txt b/bills_text/House-3589.txt new file mode 100644 index 0000000..48e4069 --- /dev/null +++ b/bills_text/House-3589.txt @@ -0,0 +1,131 @@ + H.R.3589 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3680.txt b/bills_text/House-3680.txt new file mode 100644 index 0000000..5e91fcf --- /dev/null +++ b/bills_text/House-3680.txt @@ -0,0 +1,40 @@ + H.R.3680 + + One Hundred Sixteenth Congress + + 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 + 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. + (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 +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 +Croom Robinson and Judy Spray Memorial Post Office''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3847.txt b/bills_text/House-3847.txt new file mode 100644 index 0000000..400cff1 --- /dev/null +++ b/bills_text/House-3847.txt @@ -0,0 +1,39 @@ + H.R.3847 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3870.txt b/bills_text/House-3870.txt new file mode 100644 index 0000000..4d1fb1d --- /dev/null +++ b/bills_text/House-3870.txt @@ -0,0 +1,38 @@ + H.R.3870 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3877.txt b/bills_text/House-3877.txt new file mode 100644 index 0000000..8abf9df --- /dev/null +++ b/bills_text/House-3877.txt @@ -0,0 +1,526 @@ + H.R.3877 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3889.txt b/bills_text/House-3889.txt new file mode 100644 index 0000000..0bd9eb6 --- /dev/null +++ b/bills_text/House-3889.txt @@ -0,0 +1,271 @@ + H.R.3889 + + One Hundred Sixteenth Congress + + 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 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)''; 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. + (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. + (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;''. + (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.--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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-3976.txt b/bills_text/House-3976.txt new file mode 100644 index 0000000..33bcffb --- /dev/null +++ b/bills_text/House-3976.txt @@ -0,0 +1,38 @@ + H.R.3976 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4031.txt b/bills_text/House-4031.txt new file mode 100644 index 0000000..05ec481 --- /dev/null +++ b/bills_text/House-4031.txt @@ -0,0 +1,51 @@ + H.R.4031 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4034.txt b/bills_text/House-4034.txt new file mode 100644 index 0000000..fd0357d --- /dev/null +++ b/bills_text/House-4034.txt @@ -0,0 +1,38 @@ + H.R.4034 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4104.txt b/bills_text/House-4104.txt new file mode 100644 index 0000000..bca0fc6 --- /dev/null +++ b/bills_text/House-4104.txt @@ -0,0 +1,207 @@ + H.R.4104 + + One Hundred Sixteenth Congress + + 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 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. +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. + (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''. + (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. +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, +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). + (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 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). + (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. +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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4183.txt b/bills_text/House-4183.txt new file mode 100644 index 0000000..561bfd7 --- /dev/null +++ b/bills_text/House-4183.txt @@ -0,0 +1,84 @@ + H.R.4183 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4200.txt b/bills_text/House-4200.txt new file mode 100644 index 0000000..b55157b --- /dev/null +++ b/bills_text/House-4200.txt @@ -0,0 +1,42 @@ + H.R.4200 + + One Hundred Sixteenth Congress + + 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''. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4258.txt b/bills_text/House-4258.txt new file mode 100644 index 0000000..ee79394 --- /dev/null +++ b/bills_text/House-4258.txt @@ -0,0 +1,54 @@ + H.R.4258 + + One Hundred Sixteenth Congress + + 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 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4279.txt b/bills_text/House-4279.txt new file mode 100644 index 0000000..575f64b --- /dev/null +++ b/bills_text/House-4279.txt @@ -0,0 +1,38 @@ + H.R.4279 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4285.txt b/bills_text/House-4285.txt new file mode 100644 index 0000000..4c7cbbd --- /dev/null +++ b/bills_text/House-4285.txt @@ -0,0 +1,91 @@ + H.R.4285 + + One Hundred Sixteenth Congress + + 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 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-430.txt b/bills_text/House-430.txt new file mode 100644 index 0000000..c6eda2a --- /dev/null +++ b/bills_text/House-430.txt @@ -0,0 +1,38 @@ + H.R.430 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4334.txt b/bills_text/House-4334.txt new file mode 100644 index 0000000..fa83495 --- /dev/null +++ b/bills_text/House-4334.txt @@ -0,0 +1,1710 @@ + H.R.4334 + + One Hundred Sixteenth Congress + + 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 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. + 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 +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) 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 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: + ``(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, 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 + (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, 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, 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 +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, 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: + ``(a)(1) There are authorized to be appropriated to carry out part +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) +$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) +$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, 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) +$26,587,360 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) $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) 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)) $171,273,830 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.''. + 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, + $14,514,550 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 $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: + + ``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, $18,066,950 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, $5,107,110 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. diff --git a/bills_text/House-434.txt b/bills_text/House-434.txt new file mode 100644 index 0000000..4189ce3 --- /dev/null +++ b/bills_text/House-434.txt @@ -0,0 +1,44 @@ + H.R.434 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4356.txt b/bills_text/House-4356.txt new file mode 100644 index 0000000..440823d --- /dev/null +++ b/bills_text/House-4356.txt @@ -0,0 +1,56 @@ + H.R.4356 + + One Hundred Sixteenth Congress + + 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 + 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 + 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. diff --git a/bills_text/House-4378.txt b/bills_text/House-4378.txt new file mode 100644 index 0000000..e814433 --- /dev/null +++ b/bills_text/House-4378.txt @@ -0,0 +1,861 @@ + H.R.4378 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-439.txt b/bills_text/House-439.txt new file mode 100644 index 0000000..f84b267 --- /dev/null +++ b/bills_text/House-439.txt @@ -0,0 +1,275 @@ + H.R.439 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4566.txt b/bills_text/House-4566.txt new file mode 100644 index 0000000..956dbea --- /dev/null +++ b/bills_text/House-4566.txt @@ -0,0 +1,59 @@ + H.R.4566 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4672.txt b/bills_text/House-4672.txt new file mode 100644 index 0000000..338c934 --- /dev/null +++ b/bills_text/House-4672.txt @@ -0,0 +1,40 @@ + H.R.4672 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4725.txt b/bills_text/House-4725.txt new file mode 100644 index 0000000..61bb492 --- /dev/null +++ b/bills_text/House-4725.txt @@ -0,0 +1,39 @@ + H.R.4725 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-473.txt b/bills_text/House-473.txt new file mode 100644 index 0000000..61ded53 --- /dev/null +++ b/bills_text/House-473.txt @@ -0,0 +1,75 @@ + H.R.473 + + One Hundred Sixteenth Congress + + 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. + + 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 +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 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4734.txt b/bills_text/House-4734.txt new file mode 100644 index 0000000..39065d3 --- /dev/null +++ b/bills_text/House-4734.txt @@ -0,0 +1,38 @@ + H.R.4734 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4761.txt b/bills_text/House-4761.txt new file mode 100644 index 0000000..19c4235 --- /dev/null +++ b/bills_text/House-4761.txt @@ -0,0 +1,58 @@ + H.R.4761 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4771.txt b/bills_text/House-4771.txt new file mode 100644 index 0000000..2ca8673 --- /dev/null +++ b/bills_text/House-4771.txt @@ -0,0 +1,109 @@ + H.R.4771 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + (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. + ``(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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4779.txt b/bills_text/House-4779.txt new file mode 100644 index 0000000..039a6d3 --- /dev/null +++ b/bills_text/House-4779.txt @@ -0,0 +1,58 @@ + H.R.4779 + + One Hundred Sixteenth Congress + + 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. + + 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4785.txt b/bills_text/House-4785.txt new file mode 100644 index 0000000..93b1ab4 --- /dev/null +++ b/bills_text/House-4785.txt @@ -0,0 +1,39 @@ + H.R.4785 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4794.txt b/bills_text/House-4794.txt new file mode 100644 index 0000000..8a82b8b --- /dev/null +++ b/bills_text/House-4794.txt @@ -0,0 +1,39 @@ + H.R.4794 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4803.txt b/bills_text/House-4803.txt new file mode 100644 index 0000000..94313c1 --- /dev/null +++ b/bills_text/House-4803.txt @@ -0,0 +1,79 @@ + H.R.4803 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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.''. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4875.txt b/bills_text/House-4875.txt new file mode 100644 index 0000000..a03eaac --- /dev/null +++ b/bills_text/House-4875.txt @@ -0,0 +1,38 @@ + H.R.4875 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4920.txt b/bills_text/House-4920.txt new file mode 100644 index 0000000..583380a --- /dev/null +++ b/bills_text/House-4920.txt @@ -0,0 +1,83 @@ + H.R.4920 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 of 2020''. +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) 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.''. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4971.txt b/bills_text/House-4971.txt new file mode 100644 index 0000000..969e4ec --- /dev/null +++ b/bills_text/House-4971.txt @@ -0,0 +1,38 @@ + H.R.4971 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4975.txt b/bills_text/House-4975.txt new file mode 100644 index 0000000..388e035 --- /dev/null +++ b/bills_text/House-4975.txt @@ -0,0 +1,39 @@ + H.R.4975 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4981.txt b/bills_text/House-4981.txt new file mode 100644 index 0000000..f4d2e83 --- /dev/null +++ b/bills_text/House-4981.txt @@ -0,0 +1,39 @@ + H.R.4981 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4983.txt b/bills_text/House-4983.txt new file mode 100644 index 0000000..1631384 --- /dev/null +++ b/bills_text/House-4983.txt @@ -0,0 +1,56 @@ + H.R.4983 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4988.txt b/bills_text/House-4988.txt new file mode 100644 index 0000000..eab839c --- /dev/null +++ b/bills_text/House-4988.txt @@ -0,0 +1,38 @@ + H.R.4988 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-4998.txt b/bills_text/House-4998.txt new file mode 100644 index 0000000..99b7d0f --- /dev/null +++ b/bills_text/House-4998.txt @@ -0,0 +1,691 @@ + H.R.4998 + + One Hundred Sixteenth Congress + + 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 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, +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) 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. + (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. + (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). +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. + (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 +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. + (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)(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). + (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 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. + (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. + (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. + (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. + (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 +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. 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 +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. 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) 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. + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5023.txt b/bills_text/House-5023.txt new file mode 100644 index 0000000..2b1b9c6 --- /dev/null +++ b/bills_text/House-5023.txt @@ -0,0 +1,64 @@ + H.R.5023 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5037.txt b/bills_text/House-5037.txt new file mode 100644 index 0000000..09f5789 --- /dev/null +++ b/bills_text/House-5037.txt @@ -0,0 +1,38 @@ + H.R.5037 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-504.txt b/bills_text/House-504.txt new file mode 100644 index 0000000..49f9ae6 --- /dev/null +++ b/bills_text/House-504.txt @@ -0,0 +1,129 @@ + H.R.504 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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) 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. + (a) Performance Metrics.--Not later than 180 days after the date of +the enactment of this Act, the Under Secretary for Intelligence and +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(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. + (a) In General.--Not later than 180 days after the date of the +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 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. diff --git a/bills_text/House-5062.txt b/bills_text/House-5062.txt new file mode 100644 index 0000000..512de2a --- /dev/null +++ b/bills_text/House-5062.txt @@ -0,0 +1,39 @@ + H.R.5062 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5123.txt b/bills_text/House-5123.txt new file mode 100644 index 0000000..1b0203a --- /dev/null +++ b/bills_text/House-5123.txt @@ -0,0 +1,39 @@ + H.R.5123 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5126.txt b/bills_text/House-5126.txt new file mode 100644 index 0000000..ba9c133 --- /dev/null +++ b/bills_text/House-5126.txt @@ -0,0 +1,166 @@ + H.R.5126 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 +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. +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 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 + 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 +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) 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5214.txt b/bills_text/House-5214.txt new file mode 100644 index 0000000..de9fb20 --- /dev/null +++ b/bills_text/House-5214.txt @@ -0,0 +1,184 @@ + H.R.5214 + + One Hundred Sixteenth Congress + + 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 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5273.txt b/bills_text/House-5273.txt new file mode 100644 index 0000000..395bfa0 --- /dev/null +++ b/bills_text/House-5273.txt @@ -0,0 +1,154 @@ + H.R.5273 + + One Hundred Sixteenth Congress + + 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 + increase to 100 percent the rates of scanning of commercial and + 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) 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5277.txt b/bills_text/House-5277.txt new file mode 100644 index 0000000..4ce3def --- /dev/null +++ b/bills_text/House-5277.txt @@ -0,0 +1,79 @@ + H.R.5277 + + One Hundred Sixteenth Congress + + 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 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.''. + + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5307.txt b/bills_text/House-5307.txt new file mode 100644 index 0000000..71527a1 --- /dev/null +++ b/bills_text/House-5307.txt @@ -0,0 +1,38 @@ + H.R.5307 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + (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 Post Office''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5317.txt b/bills_text/House-5317.txt new file mode 100644 index 0000000..aa62840 --- /dev/null +++ b/bills_text/House-5317.txt @@ -0,0 +1,39 @@ + H.R.5317 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5363.txt b/bills_text/House-5363.txt new file mode 100644 index 0000000..5d79c8f --- /dev/null +++ b/bills_text/House-5363.txt @@ -0,0 +1,428 @@ + H.R.5363 + + One Hundred Sixteenth Congress + + 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 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. + (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-- + (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. + (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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5384.txt b/bills_text/House-5384.txt new file mode 100644 index 0000000..34a82cf --- /dev/null +++ b/bills_text/House-5384.txt @@ -0,0 +1,38 @@ + H.R.5384 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-540.txt b/bills_text/House-540.txt new file mode 100644 index 0000000..d6725a4 --- /dev/null +++ b/bills_text/House-540.txt @@ -0,0 +1,38 @@ + H.R.540 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5430.txt b/bills_text/House-5430.txt new file mode 100644 index 0000000..a3b97c1 --- /dev/null +++ b/bills_text/House-5430.txt @@ -0,0 +1,4903 @@ + H.R.5430 + + One Hundred Sixteenth Congress + + 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 + 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 = ---------- <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: + + + NC-VNM ...................... +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. + (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 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. + (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 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. + (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 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. + 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 +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 +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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5451.txt b/bills_text/House-5451.txt new file mode 100644 index 0000000..a5868de --- /dev/null +++ b/bills_text/House-5451.txt @@ -0,0 +1,38 @@ + H.R.5451 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5458.txt b/bills_text/House-5458.txt new file mode 100644 index 0000000..f29ef4b --- /dev/null +++ b/bills_text/House-5458.txt @@ -0,0 +1,54 @@ + H.R.5458 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5459.txt b/bills_text/House-5459.txt new file mode 100644 index 0000000..81b2228 --- /dev/null +++ b/bills_text/House-5459.txt @@ -0,0 +1,61 @@ + H.R.5459 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5472.txt b/bills_text/House-5472.txt new file mode 100644 index 0000000..edc5185 --- /dev/null +++ b/bills_text/House-5472.txt @@ -0,0 +1,60 @@ + H.R.5472 + + One Hundred Sixteenth Congress + + 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 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-559.txt b/bills_text/House-559.txt new file mode 100644 index 0000000..832df8e --- /dev/null +++ b/bills_text/House-559.txt @@ -0,0 +1,184 @@ + H.R.559 + + One Hundred Sixteenth Congress + + 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 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5597.txt b/bills_text/House-5597.txt new file mode 100644 index 0000000..6275651 --- /dev/null +++ b/bills_text/House-5597.txt @@ -0,0 +1,38 @@ + H.R.5597 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-561.txt b/bills_text/House-561.txt new file mode 100644 index 0000000..d82d19d --- /dev/null +++ b/bills_text/House-561.txt @@ -0,0 +1,96 @@ + H.R.561 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + ``(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 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.''. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5663.txt b/bills_text/House-5663.txt new file mode 100644 index 0000000..e28743d --- /dev/null +++ b/bills_text/House-5663.txt @@ -0,0 +1,84 @@ + H.R.5663 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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).''. + (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 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. diff --git a/bills_text/House-5671.txt b/bills_text/House-5671.txt new file mode 100644 index 0000000..7357f85 --- /dev/null +++ b/bills_text/House-5671.txt @@ -0,0 +1,139 @@ + H.R.5671 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-583.txt b/bills_text/House-583.txt new file mode 100644 index 0000000..dcce4ef --- /dev/null +++ b/bills_text/House-583.txt @@ -0,0 +1,112 @@ + H.R.583 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5852.txt b/bills_text/House-5852.txt new file mode 100644 index 0000000..8bd7d53 --- /dev/null +++ b/bills_text/House-5852.txt @@ -0,0 +1,63 @@ + H.R.5852 + + One Hundred Sixteenth Congress + + 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 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5901.txt b/bills_text/House-5901.txt new file mode 100644 index 0000000..5c2bfdc --- /dev/null +++ b/bills_text/House-5901.txt @@ -0,0 +1,108 @@ + H.R.5901 + + One Hundred Sixteenth Congress + + 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 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). + (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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5954.txt b/bills_text/House-5954.txt new file mode 100644 index 0000000..e2b6a21 --- /dev/null +++ b/bills_text/House-5954.txt @@ -0,0 +1,38 @@ + H.R.5954 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5972.txt b/bills_text/House-5972.txt new file mode 100644 index 0000000..f395d3e --- /dev/null +++ b/bills_text/House-5972.txt @@ -0,0 +1,41 @@ + H.R.5972 + + One Hundred Sixteenth Congress + + 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''. + + Be it enacted by the Senate 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-5983.txt b/bills_text/House-5983.txt new file mode 100644 index 0000000..13524ea --- /dev/null +++ b/bills_text/House-5983.txt @@ -0,0 +1,38 @@ + H.R.5983 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6016.txt b/bills_text/House-6016.txt new file mode 100644 index 0000000..3a95621 --- /dev/null +++ b/bills_text/House-6016.txt @@ -0,0 +1,38 @@ + H.R.6016 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6074.txt b/bills_text/House-6074.txt new file mode 100644 index 0000000..041f000 --- /dev/null +++ b/bills_text/House-6074.txt @@ -0,0 +1,631 @@ + H.R.6074 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6100.txt b/bills_text/House-6100.txt new file mode 100644 index 0000000..e7447e0 --- /dev/null +++ b/bills_text/House-6100.txt @@ -0,0 +1,165 @@ + H.R.6100 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6161.txt b/bills_text/House-6161.txt new file mode 100644 index 0000000..e084a18 --- /dev/null +++ b/bills_text/House-6161.txt @@ -0,0 +1,39 @@ + H.R.6161 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6168.txt b/bills_text/House-6168.txt new file mode 100644 index 0000000..7936a33 --- /dev/null +++ b/bills_text/House-6168.txt @@ -0,0 +1,72 @@ + H.R.6168 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6192.txt b/bills_text/House-6192.txt new file mode 100644 index 0000000..e1004c6 --- /dev/null +++ b/bills_text/House-6192.txt @@ -0,0 +1,128 @@ + H.R.6192 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6201.txt b/bills_text/House-6201.txt new file mode 100644 index 0000000..ab2f2a0 --- /dev/null +++ b/bills_text/House-6201.txt @@ -0,0 +1,2199 @@ + H.R.6201 + + One Hundred Sixteenth Congress + + 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 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--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT + + DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS + ACT OF 2020 + + DIVISION E--EMERGENCY PAID SICK LEAVE ACT + + DIVISION F--HEALTH PROVISIONS + + DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE + + 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. 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 +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 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 +an emergency requirement pursuant to section 251(b)(2)(A)(i) of the +Balanced Budget and Emergency Deficit Control Act of 1985. + 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 +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 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 + + DEPARTMENT OF THE TREASURY + + Internal Revenue Service + + 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 + + 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 (``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 +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. + + 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. 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 +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. 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. 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. 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. 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 +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. 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. + (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. 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. + (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)). +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. 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 +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. 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.) + (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 +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--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: + ``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. + ``(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. + ``(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.''. +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. 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. + (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, 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 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. + ``(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. + ``(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 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. 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. + 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. + (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 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) 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. + + 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 +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) 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 +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. 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. +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 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 +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. +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.''. + (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. +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: + ``(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.''. + (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''. +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. +247d-6d(i)(1)) is amended-- + (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. + (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 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. + (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 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. + (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 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. 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 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, 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. 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 +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 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 +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. + (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 +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. 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''. +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. 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- +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6237.txt b/bills_text/House-6237.txt new file mode 100644 index 0000000..6bfe7d3 --- /dev/null +++ b/bills_text/House-6237.txt @@ -0,0 +1,43 @@ + H.R.6237 + + One Hundred Sixteenth Congress + + 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 +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 purchased/referred care, or through a contract for travel +described in section 213(b)''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6322.txt b/bills_text/House-6322.txt new file mode 100644 index 0000000..faf00bc --- /dev/null +++ b/bills_text/House-6322.txt @@ -0,0 +1,218 @@ + H.R.6322 + + One Hundred Sixteenth Congress + + 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 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. 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: + ``(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. 4. PAYMENT OF ALLOWANCES TO VETERANS ENROLLED IN EDUCATIONAL +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. + (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. + 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''. +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 +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.--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: + ``(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: + ``(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.-- +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 +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. 7. RESTORATION OF ENTITLEMENT TO REHABILITATION PROGRAMS FOR +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 +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''. +SEC. 8. EXTENSION OF PAYMENT OF VOCATIONAL REHABILITATION SUBSISTENCE +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, +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-639.txt b/bills_text/House-639.txt new file mode 100644 index 0000000..26167cd --- /dev/null +++ b/bills_text/House-639.txt @@ -0,0 +1,40 @@ + H.R.639 + + One Hundred Sixteenth Congress + + 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. + + 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6395.txt b/bills_text/House-6395.txt new file mode 100644 index 0000000..8df83e0 --- /dev/null +++ b/bills_text/House-6395.txt @@ -0,0 +1,83322 @@ + H.R.6395 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate and House of Representatives of the +United States of America in Congress assembled, +SECTION 1. SHORT TITLE. + 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 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 + +Sec. 101. 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 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 + +Sec. 301. Authorization of appropriations. + + Subtitle B--Energy and Environment + +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 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. + + TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS + + Subtitle A--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. + + TITLE V--MILITARY PERSONNEL POLICY + + Subtitle A--Officer Personnel Policy + +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. + + Subtitle B--Reserve Component Management + +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. + + TITLE VI--MILITARY COMPENSATION + + Subtitle A--Pay and Allowances + +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 B--Bonuses and Special Incentive Pays + +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. + + 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 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. 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. 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. + + 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. + + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + 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. 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 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 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. 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. 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 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. + + 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. + + 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. + + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS + + 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. + + 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. 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 D--Matters Relating to Russia + +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. 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. + + TITLE XIII--COOPERATIVE THREAT REDUCTION + +Sec. 1301. Funding allocations; specification of cooperative threat + reduction funds. + + 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--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 + +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. 1511. Treatment as additional authorizations. +Sec. 1512. Special transfer authority. + + 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. 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. + + 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. + + 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. Limitation on military construction project at Kwajalein + 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. +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 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 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. + + 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. + + 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. + + 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. + + 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. + + 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 + + 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--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. +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 + +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. + + 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--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020 + +Sec. 5001. Short title. +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. National AI Research Resource Task Force. + + TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES + +Sec. 5201. National Artificial Intelligence Research Institutes. + + 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. + + TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE + ACTIVITIES + +Sec. 5401. Artificial intelligence research and education. + + TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM + +Sec. 5501. Department of energy artificial intelligence research + program. + + DIVISION F--ANTI-MONEY LAUNDERING + +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 + + Subtitle A--Military Personnel Matters + +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. 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 + +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. + + Subtitle C--Arctic + +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 + +Sec. 101. 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. + + 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 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). + + Subtitle C--Navy Programs + + 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 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. + (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. 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 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: + ``(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 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 +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). + + 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 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. + + 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 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''; 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 +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.''. + 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 +(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 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 +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''. + (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 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). + (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 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 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 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). + (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, 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(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) 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) 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) 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) 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 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, 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-- + (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-- + (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 +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. 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 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 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 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 +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 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 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. + (d) Report to Congress.-- + (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 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. 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. + (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 +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. 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 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. 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.''. + + 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'' 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. 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 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). + (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. + (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. 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. + (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. 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 + (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. + + TITLE III--OPERATION AND MAINTENANCE + + Subtitle A--Authorization of Appropriations + +Sec. 301. Authorization of appropriations. + + Subtitle B--Energy and Environment + +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 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. + + 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. + + 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) 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 + (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 +mixed foam, at any military installation, the Deputy Assistant +Secretary shall submit to the Committees on Armed Services of the +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 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: + +``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. 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 +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 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. 324. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY + IMPROVEMENT FUND OF THE DEPARTMENT OF DEFENSE. + (a) Management of the Operational Energy Capability Improvement +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 + 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 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, + 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. + (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. 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 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. 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 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 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 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 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 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. 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 +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. 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 +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 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. 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 +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) 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, 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 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 +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 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)(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) 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. + (D) The understanding of sources of environmental PFAS + contamination and pathways to exposure for the public. + (E) The understanding of the toxicity of PFAS to humans and + animals. + 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. + (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. 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 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 +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 +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 +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 covered PFAS detected in groundwater; and + (3) the levels of covered 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) 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; + ``(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; 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. + (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, 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 +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. + 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. + (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. 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) 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 +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, 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. + ``(d) Relationship to Budget.--Nothing in this section shall be +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, 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. 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. + (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 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. + (f) Termination.--The panel shall terminate 90 days after the date +on which the panel submits the report required under subsection (d)(2). + 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 +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. + (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: + ``(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 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: + ``(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.''. + 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. 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. + ``(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. 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;''. + (b) Report.--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 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, 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 +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. 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 +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. 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 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. + (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. + 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 +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. 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 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, 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 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: + (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 + +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, 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''; + (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.''. + + 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). + (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. + 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. + (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 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. + + Subtitle B--Reserve Component Management + +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.''. + (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): + ``(D) Additional credit as follows: + ``(i) For special training or experience in a particular + officer field as designated by the Secretary concerned, if such + training or experience is directly related to the operational + needs of the armed force concerned. + ``(ii) During fiscal years 2021 through 2025, for advanced + education in an officer field so designated, if such education + is directly related to the operational needs of the armed force + concerned.''. + (c) Annual Report.-- + (1) In general.--Not later than February 1, 2022, and every + four years thereafter, each Secretary of a military department + shall submit to the Committees on Armed Services of the Senate and + the House of Representatives a report on the use of the authorities + in subparagraph (D) of section 553(b)(1) of title 10, United States + Code (as amended by subsection (a)), and subparagraph (D) of + section 12207(b)(1) of such title (as amended by subsection (b)) + (each referred to in this subsection as a ``constructive credit + authority'') during the preceding fiscal year for the Armed Forces + under the jurisdiction of such Secretary. + (2) Elements.--Each report under paragraph (1) shall include, + for the fiscal year and Armed Forces covered by such report, the + following: + (A) The manner in which constructive service credit was + calculated under each constructive credit authority. + (B) The number of officers credited constructive service + credit under each constructive credit authority. + (C) A description and assessment of the utility of the + constructive credit authorities in meeting the operational + needs of the Armed Force concerned. + (D) Such other matters in connection with the constructive + credit authorities as the Secretary of the military department + concerned considers appropriate. + SEC. 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. 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: +``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 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. + ``(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.--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 ``$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. 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 +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 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. + (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. 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 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 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 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 + 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 ``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 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, 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. 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) 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 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. 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 +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 +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 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: + +``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 (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 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. 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 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 +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 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 +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) 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. + (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 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 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 ``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 +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, 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. 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 + (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. + + 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. + 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. + + 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. + + Subtitle H--Member Education, Training, Transition, and Resilience + + 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: + +``656. Diversity in military leadership: plan; mentoring and career + counseling program.''. + + (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 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 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 ``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 +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. 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 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. + (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 +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) 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. + (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 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-- + (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 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), 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. 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 ``(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, 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) 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, +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 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. 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 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. + (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''. + (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. 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 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) 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 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) 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 + + Subtitle A--Pay and Allowances + +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 B--Bonuses and Special Incentive Pays + +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. + + 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 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. + + 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). + (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. 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. 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. + (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 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. 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''. + + 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. 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 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. 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 +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 + 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 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). + (c) Reporting.-- + (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. + (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 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 +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 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. + (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 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 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. 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. 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. + + 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. 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.--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: + ``(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 (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 + 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)(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. + ``(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.''. + (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 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 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. 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 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, 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, +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 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. 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 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 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 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 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) 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 +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). + + Subtitle C--Matters Relating to COVID-19 + + 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. + (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) and such recommendations as the panel considers +appropriate under subsection (c)(1)(B). + (e) Termination.--The panel shall terminate on June 1, 2021. + 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, 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. + 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. + (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 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 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. 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; 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. 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 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, 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. 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 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 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 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. 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 ``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 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. 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. 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: + ``(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 one year after the date of the enactment of +this Act. + 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 + ``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. 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: + ``(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. 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 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. + (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. + + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + 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. 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. + + 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 (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. 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) 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 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 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. + (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. + (a) Sustainment Activities in the National Defense Strategy.-- + (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. 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. 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.--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). + + 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''; + (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 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, 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 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: + +``2504. National technology and industrial base: annual report and + 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 (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 (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 5 years after the date of the enactment +of this Act. + 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 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. + 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). + + 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 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, 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) 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 +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) 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) 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, 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 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. + ``(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 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 +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.--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.''; 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. + ``(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 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 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) 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 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. 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 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). + (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 section, the term +``category management'' has the meaning given by the Director of the +Office of Management and Budget. + + 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 ``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 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 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. + + 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. 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 +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. 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, 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, 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 three years after relief from active +duty as a commissioned officer of a regular component of an armed +force. + ``(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 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 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 + ``(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.--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 +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 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: + +``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: + +``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.''. + + (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 + + Subtitle A--Financial Matters + +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. + + Subtitle B--Counterdrug Activities + +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 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. + + 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). + (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. 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. 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. 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 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''; + (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. + (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. + (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 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: + +``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. 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. 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 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 +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 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. 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, +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. 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. 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): + ``(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 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) 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: + +``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 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.--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) 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 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, 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: + +``723. Support of Federal authorities in response to civil disturbances: + requirement for use of members of the Armed Forces and Federal + law enforcement personnel.''. + + Subtitle F--Studies and Reports + +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.''. + (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 +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.''. + (c) FAA and TSA.-- + (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: + ``(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 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: +``Sec. 1492. Authority to provide travel and transportation allowances + 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 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. 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. 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 +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. 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. 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 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 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. + 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 (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)''. + (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. 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: + +``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. 1131. SHORT TITLE. + This subtitle may be cited as the ``Elijah E. Cummings Federal +Employee Antidiscrimination Act of 2020''. +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. 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. 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). + (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. 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. 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. 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. + ``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. 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''. + + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS + + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS + + 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. + + 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. 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 D--Matters Relating to Russia + +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. 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. + + 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 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; and + ``(B) the exchange of surface transportation services of an + equal value. + ``(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), 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.''. + (b) Clerical Amendment.--The table of sections at the beginning of +such subchapter is amended by inserting after the item relating to +section 2350l the following new item: + +``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: + +``2350o. Participation in programs relating to coordination or exchange + of air refueling and air transportation services.''. + + (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: + +``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) 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''. + (c) Sunset.--Subsection (d) of such section is amended by striking +``December 31, 2021'' and inserting ``December 31, 2025''. +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. 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 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. + (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 ``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 ``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 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. 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) 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. + (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 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 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. + (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 on February 29, + 2020. + (b) Oversight of Peace Process and Other Agreements.-- + (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 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. 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. + (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 + ``$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, 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 + 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-- + (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 +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. + 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. 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. 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 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''. + + 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. + (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 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 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 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. + + Subtitle F--Matters Relating to the Indo-Pacific Region + +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 + (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 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. 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-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. 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 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) 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, 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. 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. + +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 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) 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. + + 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. + (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; 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. +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 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 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: + +``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. + (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 three months after the +submission of the strategy, the Secretary of State shall begin +implementing the strategy. + (g) Consultation.--Not later than 90 days after the date of the +enactment of this Act and not less often than annually thereafter, the +Secretary of State shall consult with the Committee on Foreign Affairs +of the House of Representatives and the Committee on Foreign Relations +of the Senate regarding the development and implementation of the +strategy. + (h) Country Reports on Terrorism.--The Secretary of State shall +incorporate all credible information about white identity terrorism, +including regarding relevant attacks, the identification of +perpetrators and victims of such attacks, the size and identification +of organizations and networks, and the identification of notable +ideologues, in the annual country reports on terrorism submitted +pursuant to section 140 of the Foreign Relations Authorization Act, +Fiscal Years 1988 and 1989 (22 U.S.C. 2656f). + (i) Report on Sanctions.-- + (1) In general.--Not later than 120 days and again 240 days + after the submission of each annual country report on terrorism + submitted pursuant to section 140 of the Foreign Relations + Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as + modified in accordance with subsection (h), the President shall + submit to the Committee on Foreign Affairs of the House of + Representatives and the Committee on Foreign Relations of the + Senate a report that determines whether the foreign persons, + organizations, and networks identified in such annual country + reports on terrorism as so modified, satisfy the criteria to be + designated as-- + (A) foreign terrorist organizations under section 219 of + the Immigration and Nationality Act (8 U.S.C. 1189); or + (B) Specially Designated Global Terrorist under Executive + Order 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 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. 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 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, 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 +the internet as a platform for the free exchange of ideas, promotion of +human rights and democracy, and advancement of a free press and to +support efforts that prevent the deliberate misuse of the internet to +repress individuals from exercising their rights to free speech and +association, including countering the use of such technologies by +authoritarian regimes. + (b) Establishment.--The United States International Broadcasting +Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after +section 309 the following new section: +``SEC. 309A. OPEN TECHNOLOGY FUND. + ``(a) Authority.-- + ``(1) In general.--Grants authorized under section 305 shall be + available to make annual grants for the purpose of promoting, + consistent with United States law, unrestricted access to + uncensored sources of information via the internet to enable + journalists, including journalists employed by or affiliated with + the Voice of America, Radio Free Europe/Radio Liberty, Radio Free + Asia, the Middle East Broadcasting Networks, the Office of Cuba + Broadcasting, or any entity funded by or partnering with the United + States Agency for Global Media, to create and disseminate, and for + their audiences to receive, news and information consistent with + the purposes, standards, and principles specified in sections 302 + and 303. + ``(2) Establishment.--There is established a grantee entity to + be known as the `Open Technology Fund', which shall carry out the + provisions of this section. + ``(b) Functions of the Grantee.--In furtherance of the mission set +forth in subsection (a), the Open Technology Fund shall seek to advance +freedom of the press and unrestricted access to the internet in +repressive environments oversees, and shall-- + ``(1) research, develop, implement, and maintain-- + ``(A) technologies that circumvent techniques used by + authoritarian governments, nonstate actors, and others to block + or censor access to the internet, including circumvention tools + that bypass internet blocking, filtering, and other censorship + techniques used to limit or block legitimate access to content + and information; and + ``(B) secure communication tools and other forms of privacy + and security technology that facilitate the creation and + distribution of news and enable audiences to access media + content on censored websites; + ``(2) advance internet freedom by supporting private and public + sector research, development, implementation, and maintenance of + technologies that provide secure and uncensored access to the + internet to counter attempts by authoritarian governments, nonstate + actors, and others to improperly restrict freedom online; + ``(3) research and analyze emerging technical threats and + develop innovative solutions through collaboration with the private + and public sectors to maintain the technological advantage of the + United States Government over authoritarian governments, nonstate + actors, and others; + ``(4) develop, acquire, and distribute requisite internet + freedom technologies and techniques for the United States Agency + for Global Media, including as set forth in paragraph (1), and + digital security interventions, to fully enable the creation and + distribution of digital content between and to all users and + regional audiences; + ``(5) prioritize programs for countries the governments of + which restrict freedom of expression on the internet, and that are + important to the national interest of the United States, and are + consistent with section 7050(b)(2)(C) of the Further Consolidated + Appropriations Act, 2020 (Public Law 116-94); and + ``(6) carry out any other effort consistent with the purposes + of this Act or press freedom overseas if requested or approved by + the United States Agency for Global Media. + ``(c) Methodology.--In carrying out subsection (b), the Open +Technology Fund shall-- + ``(1) support fully open-source tools, code, and components, to + the extent practicable, to ensure such supported tools and + technologies are as secure, transparent, and accessible as + possible, and require that any such tools, components, code, or + technology supported by the Open Technology Fund remain fully open- + source, to the extent practicable; + ``(2) support technologies that undergo comprehensive security + audits to ensure that such technologies are secure and have not + been compromised in a manner detrimental to the interest of the + United States or to individuals and organizations benefitting from + programs supported by the Open Technology Fund; + ``(3) review and update periodically as necessary security + auditing procedures used by the Open Technology Fund to reflect + current industry security standards; + ``(4) establish safeguards to mitigate the use of such + supported technologies for illicit purposes; + ``(5) solicit project proposals through an open, transparent, + and competitive application process to attract innovative + applications and reduce barriers to entry; + ``(6) seek input from technical, regional, and subject matter + experts from a wide range of relevant disciplines, to review, + provide feedback, and evaluate proposals to ensure the most + competitive projects are funded; + ``(7) implement an independent review process, through which + proposals are reviewed by such experts to ensure the highest degree + of technical review and due diligence; + ``(8) maximize cooperation with the public and private sectors, + as well as foreign allies and partner countries, to maximize + efficiencies and eliminate duplication of efforts; and + ``(9) utilize any other methodology approved by the United + States Agency for Global Media in furtherance of the mission of the + Open Technology Fund. + ``(d) Grant Agreement.--Any grant agreement with or grants made to +the Open Technology Fund under this section shall be subject to the +following limitations and restrictions: + ``(1) The headquarters of the Open Technology Fund and its + senior administrative and managerial staff shall be located in a + location which ensures economy, operational effectiveness, and + accountability to the United States Agency for Global Media. + ``(2) Grants awarded under this section shall be made pursuant + to a grant agreement which requires that grant funds be used only + for activities consistent with this section, and that failure to + comply with such requirements shall permit the grant to be + terminated without fiscal obligation to the United States. + ``(3) Any grant agreement under this section shall require that + any contract entered into by the Open Technology Fund shall specify + that all obligations are assumed by the grantee and not by the + United States Government. + ``(4) Any grant agreement under this section shall require that + any lease agreements entered into by the Open Technology Fund shall + be, to the maximum extent possible, assignable to the United States + Government. + ``(5) Administrative and managerial costs for operation of the + Open Technology Fund should be kept to a minimum and, to the + maximum extent feasible, should not exceed the costs that would + have been incurred if the Open Technology Fund had been operated as + a Federal entity rather than as a grantee. + ``(6) Grant funds may not be used for any activity the purpose + of which is influencing the passage or defeat of legislation + considered by Congress. + ``(e) Relationship to the United States Agency for Global Media.-- + ``(1) In general.--The Open Technology Fund shall be subject to + the same oversight and governance by the United States Agency for + Global Media as other grantees of the Agency as set forth in + section 305. + ``(2) Assistance.--The United States Agency for Global Media, + its broadcast entities, and the Open Technology Fund should render + assistance to each other as may be necessary to carry out the + purposes of this section or any other provision of this Act. + ``(3) Not a federal agency or instrumentality.--Nothing in this + section may be construed to make the Open Technology Fund a Federal + agency or instrumentality. + ``(4) Detailees.--Under the Intergovernmental Personnel Act, + employees of a grantee of the United States Agency for Global Media + may be detailed to the Agency, and Federal employees may be + detailed to a grantee of the United States Agency for Global Media. + ``(f) Relationship to Other United States Government-funded +Internet Freedom Programs.--The United States Agency for Global Media +shall ensure that internet freedom research and development projects of +the Open Technology Fund are coordinated with internet freedom programs +of the Department of State and other relevant United States Government +departments, in order to share information and best-practices relating +to the implementation of subsections (b) and (c). + ``(g) Reporting Requirements.-- + ``(1) Annual report.--The Open Technology Fund shall highlight, + in its annual report, internet freedom activities, including a + comprehensive assessment of the Open Technology Fund's activities + relating to the implementation of subsections (b) and (c). Each + such report shall include the following: + ``(A) An assessment of the current state of global internet + freedom, including trends in censorship and surveillance + technologies and internet shutdowns, and the threats such pose + to journalists, citizens, and human rights and civil-society + organizations. + ``(B) A description of the technology projects supported by + the Open Technology Fund and the associated impact of such + projects in the prior year, including the countries and regions + in which such technologies were deployed, and any associated + metrics indicating audience usage of such technologies, as well + as future-year technology project initiatives. + ``(2) Assessment of the effectiveness of the open technology + fund.--Not later than two years after the date of the enactment of + this section, the Inspector General of the Department of State and + the Foreign Service shall submit to the appropriate congressional + committees a report on the following: + ``(A) Whether the Open Technology Fund is technically sound + and cost effective. + ``(B) Whether the Open Technology Fund is satisfying the + requirements of this section. + ``(C) The extent to which the interests of the United + States are being served by maintaining the work of the Open + Technology Fund. + ``(h) Audit Authorities.-- + ``(1) In general.--Financial transactions of the Open + Technology Fund, as such relate to functions carried out under this + section, may be audited by the Government Accountability Office in + accordance with such principles and procedures and under such rules + and regulations as may be prescribed by the Comptroller General of + the United States. Any such audit shall be conducted at the place + or places at which accounts of the Open Technology Fund are + normally kept. + ``(2) Access by gao.--The Government Accountability Office + shall have access to all books, accounts, records, reports, files, + papers, and property belonging to or in use by the Open Technology + Fund pertaining to financial transactions as may be necessary to + facilitate an audit. The Government Accountability Office shall be + afforded full facilities for verifying transactions with any assets + held by depositories, fiscal agents, and custodians. All such + books, accounts, records, reports, files, papers, and property of + the Open Technology Fund shall remain in the possession and custody + of the Open Technology Fund. + ``(3) Exercise of authorities.--Notwithstanding any other + provision of law, the Inspector General of the Department of State + and the Foreign Service is authorized to exercise the authorities + of the Inspector General Act of 1978 with respect to the Open + Technology Fund.''. + (c) Conforming Amendments.--The United States International +Broadcasting Act of 1994 is amended-- + (1) in section 304(d) (22 U.S.C. 6203(d)), by inserting ``the + Open Technology Fund,'' before ``the Middle East Broadcasting + Networks''; + (2) in sections 305 and 310 (22 U.S.C. 6204 and 6209), by + inserting ``the Open Technology Fund,'' before ``or the Middle East + Broadcasting Networks'' each place such term appears; and + (3) in section 310 (22 U.S.C. 6209), by inserting ``the Open + Technology Fund,'' before ``and the Middle East Broadcasting + Networks'' each place such term appears. + (d) Authorization of Appropriations.--There is authorized to be +appropriated for the Open Technology Fund $25,000,000 for fiscal year +2022 to carry out section 309A of the United States International +Broadcasting Act of 1994, as added by subsection (b) of this section. + (e) Effective Date.--Section 309A of the United States +International Broadcasting Act of 1994 (as added by subsection (b) of +this section) and subsections (c) and (d) of this section shall take +effect and apply beginning on July 1, 2021. +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. + + TITLE XIII--COOPERATIVE THREAT REDUCTION + +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. + + 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--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. + + 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. + + Subtitle B--Armed Forces Retirement Home + +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.''. + + 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. + (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). + + TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS + CONTINGENCY OPERATIONS + + Subtitle A--Authorization of 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. 1511. Treatment as additional authorizations. +Sec. 1512. Special transfer authority. + + Subtitle C--Other Matters + +Sec. 1521. Afghanistan Security Forces Fund. + + 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. 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 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. 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. 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. 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. 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. 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. 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 +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 $2,000,000,000. + (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. + + 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 + 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 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 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 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. 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) 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 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 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 +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. 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, 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. 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 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-- + (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. 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, 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 geomatics +products.''. + (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) 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) 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.''. + (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''. + (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. + (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. 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. + + Subtitle F--Other 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)-- + + (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 + + ``(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) 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-- + (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 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. + (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. + (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. + (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 +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 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. + (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 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. 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 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 +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. 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). + (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. 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. 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 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 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 +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, 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 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, 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. + (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. 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 +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, 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 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) 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 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, 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 + +``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. +``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 + +``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 + +``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: + + +---------------------------------------------------------------------------------------------------------------- + New Section + Old Section No. No. +---------------------------------------------------------------------------------------------------------------- +2545 3101 +2546 3103 +2546a 3102 +2547 3104 +2548 3105 +---------------------------------------------------------------------------------------------------------------- + + + (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. +``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 + +``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. +``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. + +``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].''. + + Subtitle B--Acquisition Planning + +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: + +``221. Planning and Solicitation Generally....................... 3201 + +``222. Independent Cost Estimation and Cost Analysis............. 3221 + +``223. Other Provisions Relating to Planning and Solicitation +Generally......................................................... 3241 + +``225. Planning and Solicitation Relating to Particular Items or +Services.........................................................3271''. + + (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: + + ``CHAPTER 221--PLANNING AND SOLICITATION GENERALLY + +``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. +``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: + + ``CHAPTER 225--PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS + OR SERVICES + +``Sec. +``3271. [Reserved].''. + + Subtitle C--Contracting Methods and Contract Types + +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: + +``241. Awarding of Contracts...................................... 3301 + +``242. Specific Types of Contracts................................ 3321 + +``243. Other Matters Relating to Awarding and Types of Contracts.. 3341 + +``244. Undefinitized Contractual Actions.........................3371''. + + (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: + + ``CHAPTER 241--AWARDING OF CONTRACTS + +``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 + +``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. +``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 + +``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. +``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: + + +---------------------------------------------------------------------------------------------------------------- + New Section + Old Section No. No. +---------------------------------------------------------------------------------------------------------------- +2375 3452 +2376 3451 +2377 3453 +2379 3455 +2380 3456 +2380a 3457 +---------------------------------------------------------------------------------------------------------------- + + + (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 + +``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. +``3551. Multiyear procurement authority: purchase of dinitrogen + tetroxide, hydrazine, and hydrazine-related products.''. + + (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: + + ``CHAPTER 253--RAPID ACQUISITION PROCEDURES + +``Subchapter + Sec. +``I. [Reserved]................................................... 3601 + +``II. [Reserved].................................................3611''. + + (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: + +``253. Rapid Acquisition Procedures..............................3601''. + +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: + + ``CHAPTER 257--CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS, + AIRCRAFT, AND COMBAT VEHICLES + +``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 + +``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) + +``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 + (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: + + ``CHAPTER 283--FOREIGN ACQUISITIONS + +``Subchapter Sec. +``I. General...................................................... 3881 + +``II. Prohibition on Contracting with the Enemy................... 3891 + + ``SUBCHAPTER I--GENERAL + +``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: + + ``Subchapter II--Prohibition on Contracting With the Enemy + +``Sec. +``3891. [Reserved]. +``3892. [Reserved]. +``3893. [Reserved].''. + +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: + + ``CHAPTER 287--SOCIOECONOMIC PROGRAMS + +``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 + +``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. +``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 + +``Sec. +``4101. [Reserved]. +``4102. [Reserved]. +``4103. Mechanisms to provide funds for defense laboratories for + research and development of technologies for military + missions. + + ``SUBCHAPTER II--PERSONNEL-RELATED MATTERS + +``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 + +``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: + + +------------------------------------------------------------------------ + Section Redesignated Section +------------------------------------------------------------------------ +2353 4141 +2371a 4143 +2681 4144 +2350l 4145 +2368 4146 +2367 4147 +------------------------------------------------------------------------ + + + (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 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. +``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: + + ``Subpart F--Major Systems, Major Defense Acquisition Programs, and + Weapon Systems Development + +``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''. + + (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: + + ``Subpart F--Major Systems, Major Defense Acquisition Programs, and + Weapon Systems Development + + ``CHAPTER 321--GENERAL MATTERS + +``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 + +``Sec. +``4211. Acquisition strategy. +``4212. Risk management and mitigation. +``4213. [Reserved]. +``4214. Baseline description. +``4215. [Reserved]. +``4216. [Reserved]. +``4217. [Reserved]. +``4218. [Reserved]. + + ``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]. + +``SUBCHAPTER IV--ADDITIONAL PROVISIONS APPLICABLE SPECIFICALLY TO MAJOR + DEFENSE ACQUISITION PROGRAMS + +``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]. + + ``SUBCHAPTER V--CONTRACTORS + +``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 + + (ii) in subsection (e)-- + + (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)''. + + (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 + +``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. +``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: + + ``CHAPTER 325--COST GROWTH--UNIT COST REPORTS (NUNN-MCCURDY) + +``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 + +``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. + + ``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. +``4541. [Reserved]. + + ``SUBCHAPTER II--STANDARDS AND CERTIFICATION FOR PRIVATE SECURITY + CONTRACTORS + +``Sec. +``4551. [Reserved].''. + +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: + + ``CHAPTER 345--ACQUISITION OF INFORMATION TECHNOLOGY + +``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 + +``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 + +``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: + + +------------------------------------------------------------------------ + Section Redesignated Section +------------------------------------------------------------------------ +2207 4651 +2249 4652 +2392 4653 +2393 4654 +2402 4655 +2408 4656 +2339 4657 +2410f 4658 +2410i 4659 +2335 4660 +------------------------------------------------------------------------ + + + (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. +``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 + +``Sec. +``4751. Determinations and decisions. +``4752. Remission of liquidated damages. +``4753. Supplies: identification of supplier and sources. +``4754. Management of purchase cards.''. + + (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)''. + + Subtitle I--Defense Industrial Base + +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: + +``381. Defense Industrial Base Generally.......................... 4801 + +``382. Policies and Planning...................................... 4811 + +``383. Development, Application, & Support of Dual-Use +Technologies...................................................... 4831 + +``384. Manufacturing Technology................................... 4841 + +``385. Other Technology Base Policies and Programs...............4851''. + + (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: + + ``CHAPTER 381--DEFENSE INDUSTRIAL BASE GENERALLY + +``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 + +``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: + + +------------------------------------------------------------------------ + Section Redesignated Section +------------------------------------------------------------------------ +2501 4811 +2502 4812 +2503 4813 +2504 4814 +2504a 4815 +2505 4816 +2508 4817 +2507 4818 +2509 4819 +------------------------------------------------------------------------ + + + (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 + +``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.''. + + (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 Redesignated Section +------------------------------------------------------------------------ +2511 4831 +2514 4832 +2519 4833 +2518 4834 +------------------------------------------------------------------------ + + + (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 + +``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: + + ``CHAPTER 385--OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS + +``Subchapter + Sec. +``I. Defense Trade Reciprocity and Offset Policy.................. 4851 + +``II. Limitations on Procurement of Certain Items from Foreign +Sources........................................................... 4861 + +``III. Limitations on Procurement from Certain Foreign Sources.... 4871 + +``IV. Defense Industrial Reserve and Industrial Mobilization...... 4881 + +``V. Other Matters................................................ 4891 + + ``SUBCHAPTER I--DEFENSE TRADE RECIPROCITY AND OFFSET POLICY + +``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. +``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. +``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 + +``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 + +``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: + + ``CHAPTER 387--SMALL BUSINESS PROGRAMS + +``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. +``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: + +``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: + + ``PART IV--SERVICE, SUPPLY, AND PROPERTY''. + + (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: + +``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: + + ``PART 141--MISCELLANEOUS PROVISIONS RELATING TO PROPERTY''. + + (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: + +``141. Miscellaneous Provisions Relating to Property.............2381''. + + (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: + +``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. + (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. +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: + + 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 +---------------------------------------------------------------------------------------------------------------- + + + (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 or locations, in the number +of units, and in the amounts set forth in the following table: + + Army: Family Housing +---------------------------------------------------------------------------------------------------------------- + Country Installation or Location Units Amount +---------------------------------------------------------------------------------------------------------------- +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 +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 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 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, 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 +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 +---------------------------------------------------------------------------------------------------------------- +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 +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................................ 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. + (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. +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. + (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 +---------------------------------------------------------------------------------------------------------------- + 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 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 +---------------------------------------------------------------------------------------------------------------- +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. + (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 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 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 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 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. + (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 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 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 +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 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 +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. +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. + (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 + 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 +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........................................ 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. + (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. 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 +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 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 +Republic of Korea, and in the amounts, set forth in the following +table: + + Republic of Korea Funded Construction Projects +---------------------------------------------------------------------------------------------------------------- + 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 $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. 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 the installation in the State of Qatar, and +in the amounts, set forth in the following table: + + State of Qatar Funded Construction Projects +---------------------------------------------------------------------------------------------------------------- + Installation or + Component Location Project Amount +---------------------------------------------------------------------------------------------------------------- +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. + 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 installations or +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 +Arkansas.................................... Fort Chaffee..................................... $15,000,000 +California.................................. Bakersfield...................................... $9,300,000 +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 +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................................... 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. + 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 installations or 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..................................... $17,100,000 +---------------------------------------------------------------------------------------------------------------- + + +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 +installations or 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 +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. + 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 installations +or locations inside the United States, and in the amounts, set forth in +the following table: + + Air National Guard +---------------------------------------------------------------------------------------------------------------- + State Installation or Location Amount +---------------------------------------------------------------------------------------------------------------- +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. + 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 installation inside the United +States, and in the amount, set forth in the following table: + + Air Force Reserve +---------------------------------------------------------------------------------------------------------------- + State Installation Amount +---------------------------------------------------------------------------------------------------------------- +Texas......................................... Joint Reserve Base Fort Worth.................. $39,200,000 +---------------------------------------------------------------------------------------------------------------- + + +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 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 +funding table in section 4601 of such Act (133 Stat. 2096), the +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. + 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. +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. + (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, excluding funds +appropriated for family housing, that-- + ``(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: + ``(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 + 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 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)''. + (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 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: + +``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. + (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. + ``(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.''. +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 (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 (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 (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. 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: + ``(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 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 +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. 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: + +``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 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 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. 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 +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. + + 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. + (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) 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 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 +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) 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 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: + ``(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 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 +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 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. + (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. 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 +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 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. + (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. + (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 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 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 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. + (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 +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). + (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) 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. 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) 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 +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. + 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. 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. + + ``(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. + + ``(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. + + ``(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. + 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 ``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. + 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) 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. + (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. 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. + (B) A description of legacy bulk fuel management assets + that can be used to support the United States Indo-Pacific + Command. + (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, not more than 50 percent may be obligated or +expended before the date on which the notice required by subsection +(a)(2) is submitted. + + 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: + ``(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 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 +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.''. + (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 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 project for the installation outside the +United States, and in the amount, 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 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 + +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 +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, 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 +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 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--Nuclear Weapons Stockpile Matters + +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 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. 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. 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 +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 + 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. + (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 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 to address such issues. + (f) Sense of Congress.--It is the sense of Congress that-- + (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) 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 +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. 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, $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.--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: + + ``(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.''. + (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) 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. + ``(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; + ``(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. + ``(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. + ``(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.''. + + (c) Inclusion of COVID-19 Pandemic Public Health Emergency.--For +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. 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: + +``51705. Training for use of force against piracy. +``51706. Center of excellence for domestic maritime workforce training + 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 recruitment, training, and retention + strategic plan + ``(a) Strategic Plan.-- + ``(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 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 533 the following new +chapter: + + ``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. + ``(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 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; + ``(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 + 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 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 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 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 program +participant of the vessel enter into an operating agreement with the +Secretary under this section. + ``(b) Procedure for Applications.-- + ``(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 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 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 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. 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 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 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; + ``(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-- + ``(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 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 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 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 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 program participant's service to commercial +customers. + ``(e) Compensation.-- + ``(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 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 + 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) 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 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 +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. 53411. Authorization of appropriations + ``There is authorized to be appropriated for payments under section +53406, $60,000,000 for each of fiscal years 2022 through 2035, to +remain available until expended. +``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 +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. + ``(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 V of +title 46, United States Code, is amended by adding at the end the +following: + +``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 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. + + Subtitle C--Other Matters + +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 +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. 4102. Procurement for overseas contingency operations. +SEC. 4101. PROCUREMENT. + +------------------------------------------------------------------------ + SEC. 4101. PROCUREMENT (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + AIRCRAFT PROCUREMENT, + ARMY + FIXED WING +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..... 160,750 296,750 + Program increase-- [136,000] + F Block II. +015 CH-47 HELICOPTER AP.. 18,372 47,372 + Program increase-- [29,000] + F Block II. + 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........... 118,316 110,576 + Sensors cost [-7,740] + growth. +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 + UNDISTRIBUTED +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 3,219,654 + PROCUREMENT, + ARMY. + + MISSILE PROCUREMENT, + ARMY + SURFACE-TO-AIR + MISSILE SYSTEM +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 49,941 + MISSILE (PRSM). +005 INDIRECT FIRE 106,261 65,469 + PROTECTION + CAPABILITY INC 2-I. + Army identified [-40,792] + funds excess to + 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 850,157 845,157 + (GMLRS). + Excess tooling [-5,000] + request. +012 MLRS REDUCED RANGE 30,836 30,836 + PRACTICE ROCKETS + (RRPR). +013 HIGH MOBILITY 41,226 51,226 + ARTILLERY ROCKET + 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 +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 + UNDISTRIBUTED +025 AIR DEFENSE TARGETS.. 8,978 8,978 + TOTAL MISSILE 3,491,507 3,451,648 + PROCUREMENT, + ARMY. + + PROCUREMENT OF W&TCV, + ARMY + TRACKED COMBAT + VEHICLES +002 ARMORED MULTI PURPOSE 192,971 139,254 + VEHICLE (AMPV). + Forward financing [-53,717] + of vehicle + manufacturing. + MODIFICATION OF + TRACKED COMBAT + VEHICLES +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 26,893 + MODIFICATIONS. +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 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] + 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 + 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 3,840,885 + PROCUREMENT OF + W&TCV, ARMY. + + PROCUREMENT OF + AMMUNITION, ARMY + SMALL/MEDIUM CAL + AMMUNITION +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 + 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, 233,444 232,226 + 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, 293,692 291,292 + 155MM, ALL TYPES. + 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. + MINES +018 MINES & CLEARING 65,278 62,778 + CHARGES, ALL TYPES. + Program decrease. [-2,500] +019 CLOSE TERRAIN SHAPING 4,995 4,995 + OBSTACLE. + ROCKETS +020 SHOULDER LAUNCHED 69,112 69,112 + MUNITIONS, ALL TYPES. +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 + 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 2,869,035 + PROCUREMENT OF + AMMUNITION, ARMY. + + OTHER PROCUREMENT, + ARMY + TACTICAL VEHICLES +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 +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 99,135 + TACTICAL TRUCK EXT + SERV. + Program increase. [33,500] +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 4,968 + OTHER. + Excess carryover. [-14,902] + COMM--JOINT + COMMUNICATIONS +022 SIGNAL MODERNIZATION 160,469 151,179 + PROGRAM. + Unit cost growth. [-9,290] +023 TACTICAL NETWORK 360,379 347,782 + TECHNOLOGY MOD IN + SVC. + Program delays... [-5,380] + Unit cost growth. [-7,217] +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 69,750 + TACTICAL COMMAND + COMMUNICATIONS. + 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 + 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 92,119 + INFRASTRUCTURE (TSI). + Contract [-2,752] + management growth. + COMM--COMBAT + COMMUNICATIONS +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 + 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 159,272 159,272 + SECURITY (COMSEC). +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. +056 ITEMS LESS THAN $5M 260 260 + (INFO SECURITY). + COMM--LONG HAUL + COMMUNICATIONS +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 0 + MODERNIZATION + PROGRAM. + Excess carryover. [-4,900] +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 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-- 243,850 243,850 + PLATFORM (JBC-P). +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 201,587 198,587 + SYSTEM. + Program reduction [-3,000] +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 140,619 138,841 + PROCESSING EQUIP. + AIE travel costs [-1,778] + excess. +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 154,937 149,937 + Unit cost [-5,000] + discrepancies. +144 MOBILE SOLDIER POWER. 34,297 34,297 +147 CARGO AERIAL DEL & 53,021 53,021 + PERSONNEL PARACHUTE + 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 78,250 + PETROLEUM & WATER. + tank rack module [-198] + unit cost growth. + 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 77,214 + TEST EQUIPMENT + (IFTE). + ICE WATS [-1,364] + previously funded. +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 84,251 + SYSTEMS (OPA3). + 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 + SVC EQUIPMENT (OPA- + 3). +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 8,281,777 + PROCUREMENT, + ARMY. + + AIRCRAFT PROCUREMENT, + NAVY + COMBAT AIRCRAFT +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 2,371,897 + CV. + Additional [200,000] + aircraft. + Lot 15 target [-9,883] + cost savings. +004 JOINT STRIKE FIGHTER 330,386 330,386 + CV AP. +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).. 813,324 800,634 + 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 1,121,949 + 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 1,420,034 + Additional [1,420,000] + aircraft only for + the Navy Reserve. + Line shutdown [-80,100] + early to need. +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 269,867 236,146 + TRAINING SYSTEM. + Other ILS excess [-33,721] + growth. + OTHER AIRCRAFT +018 KC-130J.............. 380,984 375,558 + Unit cost growth. [-5,426] +019 KC-130J AP........... 67,022 67,022 +021 MQ-4 TRITON.......... 150,570 244,464 + 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 610,231 589,042 + ECO price [-1,010] + adjustment. + Unit cost [-20,179] + adjustment. + MODIFICATION OF + AIRCRAFT +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 158,055 127,695 + 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] + 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......... 141,705 124,653 + 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. +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 45,401 + MODS. + 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........... 180,530 172,821 + 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 + 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 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 2,088,679 + 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 + 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 18,545,253 + 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............. 277,694 247,874 + 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..... 456,206 406,206 + Transition to [-50,000] + production + request + unjustified. +008 STANDARD MISSILE AP.. 66,716 66,716 +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....... 174,336 171,408 + 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........ 164,915 161,308 + MST kits excess [-3,607] + cost growth. +020 ESSM................. 215,375 212,637 + Excessive [-2,738] + production + support growth. +022 HARM MODS............ 147,572 122,649 + 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 IIIAZ [-4,900] + Modification unit + cost growth. + Unjustified DMS [-4,100] + request. + 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... 110,286 103,441 + HAAWC kits early [-6,845] + to need. +032 MK-48 TORPEDO ADCAP 57,214 57,214 + MODS. +033 MARITIME MINES....... 5,832 5,832 + 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 + UNDISTRIBUTED +045 SPARES AND REPAIR 159,578 159,578 + PARTS. + TOTAL WEAPONS 4,884,995 4,729,234 + 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 29,474 + AMMUNITION. + 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 + PARTY AMMO. +013 PYROTECHNIC AND 9,766 9,766 + DEMOLITION. +015 AMMUNITION LESS THAN 2,115 2,115 + $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 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 883,602 830,531 + 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 1,253,175 + 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 1,606,432 + Full funding [-39,174] + early to need. +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] + 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 3,010,270 + 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 1,125,801 + 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. + UNDISTRIBUTED +022 TOWING, SALVAGE, AND 168,209 168,209 + RESCUE SHIP (ATS). +023 LCU 1700............. 87,395 87,395 +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 23,409,109 + SHIPBUILDING AND + CONVERSION, NAVY. + + OTHER PROCUREMENT, + NAVY + SHIP PROPULSION + EQUIPMENT +001 SURFACE POWER 11,738 11,738 + EQUIPMENT. + GENERATORS +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. + OTHER SHIPBOARD + EQUIPMENT +004 SUB PERISCOPE, 204,806 204,806 + IMAGING AND SUPT + EQUIP PROG. +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 + SWITCHBOARD. +008 LHA/LHD MIDLIFE...... 78,265 78,265 +009 POLLUTION CONTROL 23,035 23,035 + EQUIPMENT. +010 SUBMARINE SUPPORT 64,632 64,632 + EQUIPMENT. +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 $5 105,715 105,715 + MILLION. +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 1,248,621 + REPAIR AND + MODERNIZATION. + LCS in-service [-12,100] + modernization + excess cost + growth. +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 218,822 187,608 + MODULES. + 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 121,848 121,848 + MODERNIZATION. +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 + 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............ 387,195 353,961 + Early to need.... [-33,234] + RECONNAISSANCE + EQUIPMENT +046 SHIPBOARD IW EXPLOIT. 235,744 227,337 + Excess cost [-8,407] + 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 $5 159,815 154,572 + MILLION. + NGSSR available [-5,243] + prior year funds. + 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 157,551 157,551 + PROGRAM (ISSP). +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. 237,639 286,739 + Program increase [49,100] + for sonobuoys. + 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 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 + 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 80,482 + EQUIPMENT. + TMPC cost growth. [-3,605] + 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 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 + 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 668,639 668,639 + SUPPLY SYSTEMS. + 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 374,195 374,195 + PARTS. + TOTAL OTHER 10,948,518 10,776,447 + PROCUREMENT, + NAVY. + + PROCUREMENT, MARINE + CORPS + TRACKED COMBAT + VEHICLES +001 AAV7A1 PIP........... 87,476 87,476 +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 174,687 112,187 + SYSTEM. + 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] + 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 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........ 343,250 340,350 + Program decrease. [-2,900] +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 + UNDISTRIBUTED +053 SPARES AND REPAIR 27,295 27,295 + PARTS. + TOTAL 2,903,976 2,809,542 + PROCUREMENT, + MARINE CORPS. + + AIRCRAFT PROCUREMENT, + AIR FORCE + TACTICAL FORCES +001 F-35................. 4,567,018 5,286,566 + Additional 12 F- [976,667] + 35As. + Excess [-156,000] + miscellaneous + support costs. + Unit cost [-101,119] + adjustment. +002 F-35 AP.............. 610,800 610,800 +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 2,707,799 + Lot 7 funding [-142,352] + excess to NTE + ceiling. + OTHER AIRLIFT +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 973,473 909,909 + 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 11,200 + Program increase. [8,389] + OTHER AIRCRAFT +016 TARGET DRONES........ 133,273 133,273 +018 COMPASS CALL......... 161,117 161,117 +020 MQ-9................. 29,409 108,000 + Program increase. [108,000] + Shutdown costs [-29,409] + ahead of need. + STRATEGIC AIRCRAFT +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 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................. 349,304 329,242 + 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 + 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 50,279 + Unjustified PMA [-11,829] + cost growth. +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 + 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] + seats. + 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................ 5,871 140,630 + AMP 1 excess to [-3,841] + 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......... 193,389 169,653 + Baseline 3 [-8,706] + installation + delays. + Baseline 4 cost [-15,030] + discrepancies. +057 RC-135............... 191,332 191,332 +058 E-3.................. 172,141 135,740 + 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 + 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 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........... 122,306 122,306 + AIRCRAFT SPARES AND + REPAIR PARTS +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 + 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 1,551,041 + 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 19,282,613 + 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............... 453,223 451,923 + 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 273,272 237,932 + 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 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 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 2,359,777 + 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 38,901 + C-HOBS ahead of [-2,082] + need. + SMALL ARMS + UNDISTRIBUTED +017 SMALL ARMS........... 13,925 13,925 + TOTAL 596,338 594,256 + PROCUREMENT OF + AMMUNITION, AIR + FORCE. + + PROCUREMENT, SPACE + FORCE + SPACE PROCUREMENT, SF +001 ADVANCED EHF......... 14,823 14,823 +002 AF SATELLITE COMM 48,326 48,326 + SYSTEM. +003 COUNTERSPACE SYSTEMS. 65,540 49,155 + Insufficient [-16,385] + 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 1,043,171 948,171 + 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 88,706 + Insufficient [-10,000] + justification. + 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 2,301,834 + 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 43,157 + VEHICLES. + 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 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 30,191 + EQUIPMENT. + IMAD acquisition [-3,280] + materials. + 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 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 + & 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 195,185 193,185 + RANGES. + 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 +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 132,281 146,281 + INFRASTRUCTURE. + PDI: Mission [14,000] + Partner + Environment + PACNET. + 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 18,266 +057 FUELS SUPPORT 9,601 9,601 + EQUIPMENT (FSE). +058 BASE MAINTENANCE AND 42,078 42,078 + SUPPORT EQUIPMENT. + 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 21,041,612 + Program [-44,500] + 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 23,649,566 + 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 88,741 + SECURITY STACKS + (JRSS). +020 JOINT SERVICE 157,538 157,538 + PROVIDER. +021 FOURTH ESTATE NETWORK 42,084 42,084 + OPTIMIZATION (4ENO). + MAJOR EQUIPMENT, DLA +023 MAJOR EQUIPMENT...... 417,459 410,459 + MGUE--DLA [-7,000] + requested + transfer to + RDTE,DW line 54. + MAJOR EQUIPMENT, DCSA +003 MAJOR EQUIPMENT...... 2,212 2,212 + MAJOR EQUIPMENT, TJS +050 MAJOR EQUIPMENT, TJS. 8,329 8,329 +051 MAJOR EQUIPMENT--TJS 1,247 1,247 + CYBER. + MAJOR EQUIPMENT, + MISSILE DEFENSE + AGENCY +031 THAAD................ 495,396 601,796 + 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 +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 + 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.. 554,264 551,864 + Classified [-2,400] + adjustment. + AVIATION PROGRAMS +055 ARMED OVERWATCH/ 101,000 0 + TARGETING. + Program decrease. [-101,000] +059 ROTARY WING UPGRADES 211,041 211,041 + AND SUSTAINMENT. +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 +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........... 163,914 153,914 + RFCM excess to [-10,000] + need. +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 84,107 + MMP excess to [-12,226] + need. +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 13,861 + ENHANCEMENTS + INTELLIGENCE. +081 OPERATIONAL 247,038 247,038 + ENHANCEMENTS. + CBDP +082 CHEMICAL BIOLOGICAL 147,150 147,150 + SITUATIONAL + AWARENESS. +083 CB PROTECTION & 149,944 149,944 + HAZARD MITIGATION. + TOTAL 5,324,487 5,634,061 + PROCUREMENT, + DEFENSE-WIDE. + + 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 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 69,154 + IIIB NEW BUILD. +014 CH-47 HELICOPTER..... 50,472 50,472 + MODIFICATION OF + AIRCRAFT +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 + (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 + UNDISTRIBUTED +041 AIRCREW INTEGRATED 3,028 3,028 + SYSTEMS. + TOTAL AIRCRAFT 461,080 565,112 + 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 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 881,592 865,992 + 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 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 + 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 569,155 501,965 + 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 + UNDISTRIBUTED +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 +062 U-28................. 24,711 + Combat loss [24,711] + replacement. + 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 32,573 +078 COMBAT MISSION 10,000 10,000 + REQUIREMENTS. +080 OPERATIONAL 6,724 6,724 + ENHANCEMENTS + INTELLIGENCE. +081 OPERATIONAL 53,264 53,264 + ENHANCEMENTS. + TOTAL 258,491 323,302 + 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 5,514,151 + 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 Conference + Line Program Element Item Request Authorized +---------------------------------------------------------------------------------------------------------------- + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, ARMY + .................................. BASIC RESEARCH + 002 0601102A DEFENSE RESEARCH SCIENCES......... 303,257 318,257 + .................................. Counter-UAS Army research lab. [5,000] + .................................. 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........ 463,359 497,359 + .................................. + .................................. 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 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 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 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 217,565 227,565 + 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. + .................................. Defense resiliency platform [3,000] + against extreme cold weather. + .................................. Multi-drone multi-sensor ISR [2,000] + capability. + .................................. Program increase.............. [5,000] + 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 66,298 + .................................. Advanced beam control tracking [5,000] + and targeting. + .................................. High energy laser technology.. [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 1,007,881 + .................................. + .................................. 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 109,608 120,608 + 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 22,795 + .................................. Graphene applications for [3,000] + military engineering. + .................................. Rapid entry and sustainment [5,000] + for the arctic. + 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 188,024 193,024 + MODERNIZATION PROGRAM. + .................................. High performance computing [5,000] + modernization. + 065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 231,858 + ADVANCED TECHNOLOGY. + .................................. 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] + extended range technologies. + 068 0603465A FUTURE VERTICAL LIFT ADVANCED 156,194 156,194 + TECHNOLOGY. + 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 1,290,590 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 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 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 151,478 136,478 + DEV. + .................................. Program decrease.............. [-15,000] + 085 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 5,841 5,841 + 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................. 647,937 652,937 + .................................. 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 24,138 + DEVELOPMENT. + .................................. 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 + 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. 156,834 146,834 + .................................. 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 + 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 3,401,584 + DEVELOPMENT & PROTOTYPES. + .................................. + .................................. SYSTEM DEVELOPMENT & DEMONSTRATION + 118 0604201A AIRCRAFT AVIONICS................. 2,764 2,764 + 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 + 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 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 86,151 + INTELLIGENCE--ENG DEV. + .................................. 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 + 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 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 162,513 140,674 + 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 82,459 124,380 + SYSTEMS--EMD. + .................................. Prior year carry-over......... [-5,079] + .................................. Program increase for vehicle [47,000] + protection systems. + 149 0604854A ARTILLERY SYSTEMS--EMD............ 11,611 11,611 + 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 [-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 + 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 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 235,770 188,008 + CAPABILITY INC 2--BLOCK 1. + .................................. Army identified funds excess [-47,762] + to need. + 168 0605053A GROUND ROBOTICS................... 13,710 13,710 + 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 + 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............. 327,732 244,500 + .................................. 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 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 3,064,377 + 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... 350,359 365,359 + .................................. Program increase--Army [15,000] + directed energy T&E. + 193 0605602A ARMY TECHNICAL TEST 48,475 48,475 + INSTRUMENTATION AND TARGETS. + 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 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. + 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 1,360,490 + .................................. + .................................. 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). 122,733 107,733 + .................................. Program reduction............. [-15,000] + 221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 11,236 + PROGRAM. + 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... 249,257 245,509 + .................................. 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 + 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 268,919 260,252 + 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] + 235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 11,688 + IMPROVEMENT PROGRAMS. + 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 78,512 + ACTIVITIES. + .................................. 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 1,797,333 + DEVELOPMENT. + .................................. + .................................. SOFTWARE AND DIGITAL TECHNOLOGY + PILOT PROGRAMS + .................................. UNDISTRIBUTED + 267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 58,445 + PROTOTYPE DEVELOPMENT. + .................................. 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 12,478,059 + TEST & EVAL, ARMY. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, NAVY + .................................. BASIC RESEARCH + 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......... 467,158 479,158 + .................................. 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. 122,281 141,281 + .................................. Additive manufacturing of [5,000] + unmanned maritime systems. + .................................. Direct Air Capture and Blue [9,000] + Carbon Removal Technology + Program. + .................................. Talent and technology for [5,000] + power and energy systems. + 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 74,765 + RESEARCH. + .................................. 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 + 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 76,397 + .................................. Academic partnerships for [10,000] + undersea vehicle research. + .................................. Autonomous undersea robotics.. [10,000] + 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) 160,537 167,837 + APPLIED RESEARCH. + .................................. Thermoplastic materials....... [7,300] + 016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 76,745 76,745 + ONR FIELD ACITIVITIES. + .................................. SUBTOTAL APPLIED RESEARCH...... 953,175 1,021,475 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 017 0603123N FORCE PROTECTION ADVANCED 24,410 24,410 + TECHNOLOGY. + 018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,008 8,008 + TECHNOLOGY. + 019 0603640M USMC ADVANCED TECHNOLOGY 219,045 219,045 + DEMONSTRATION (ATD). + 020 0603651M JOINT NON-LETHAL WEAPONS 13,301 13,301 + TECHNOLOGY DEVELOPMENT. + 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. + 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 760,396 776,707 + DEVELOPMENT. + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 027 0603178N MEDIUM AND LARGE UNMANNED SURFACE 464,042 259,242 + VEHICLES (USVS). + .................................. 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 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 + .................................. 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 185,356 157,926 + DEVELOPMENT. + .................................. Project 9710 unjustified new [-27,430] + start. + 044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,528 10,528 + 045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 126,396 111,396 + .................................. Polymorphic build farm for [5,000] + open source technologies. + .................................. 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 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 + 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....................... 545,763 473,763 + .................................. Excess cost growth............ [-72,000] + 064 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,884 3,884 + 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.................... 236,234 231,770 + .................................. 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 128,845 128,845 + WEAPON SYSTEMS. + 075 0604014N F/A -18 INFRARED SEARCH AND TRACK 84,190 84,190 + (IRST). + 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 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 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 92,602 + .................................. Excess scope adjustments...... [-23,256] + 090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 14,259 9,628 + (C-UAS). + .................................. System development excess [-4,631] + growth. + 091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,030,387 + DEVELOPMENT PROGRAM. + .................................. 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 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 29,589 + AIRCRAFT SYSTEM. + .................................. K-MAX......................... [7,000] + 097 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 809 809 + MIP. + .................................. SUBTOTAL ADVANCED COMPONENT 6,503,074 5,861,969 + 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.................. 309,373 292,175 + .................................. 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 + 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)...... 477,680 477,680 + 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 403,712 375,853 + 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..... 386,225 340,825 + .................................. 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 + 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 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 + 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.................... 259,443 259,443 + 133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 63,878 63,878 + 134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 58,853 + T&E. + .................................. Advanced Degaussing System.... [7,000] + 135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,853 3,853 + 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 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 + 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 19,620 + .................................. Autonomous aerial distributed [7,500] + 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 356,173 330,431 + .................................. 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 + 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 + .................................. 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 6,128,960 + 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....... 446,960 419,212 + .................................. 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 + (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.... 991,222 963,474 + .................................. + .................................. OPERATIONAL SYSTEMS DEVELOPMENT + 199 0604227N HARPOON MODIFICATIONS............. 697 697 + 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 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 + 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.... 102,975 115,475 + .................................. 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 + (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 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....................... 110,349 108,209 + .................................. 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 + 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 67,665 + .................................. MUOS historical underexecution [-2,391] + 257A 9999999999 CLASSIFIED PROGRAMS............... 1,795,032 1,795,032 + .................................. 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 + CONTROL (MTC2)--SOFTWARE PILOT + PROGRAM. + .................................. SUBTOTAL SOFTWARE AND DIGITAL 25,168 25,168 + TECHNOLOGY PILOT PROGRAMS. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 21,427,048 20,733,589 + TEST & EVAL, NAVY. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, AF + .................................. BASIC RESEARCH + 001 0601102F DEFENSE RESEARCH SCIENCES......... 315,348 325,348 + .................................. 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........ 492,294 512,294 + .................................. + .................................. APPLIED RESEARCH + 004 0602020F FUTURE AF CAPABILITIES APPLIED 100,000 100,000 + RESEARCH. + 005 0602102F MATERIALS......................... 140,781 162,781 + .................................. Advanced materials [5,000] + manufacturing flexible + biosensors. + .................................. 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.... 349,225 175,472 + .................................. Advanced batteries for [5,000] + directed energy. + .................................. High speed expendable turbine [4,000] + development. + .................................. 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. + 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 178,668 203,668 + METHODS. + .................................. 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 1,482,749 + .................................. + .................................. ADVANCED TECHNOLOGY DEVELOPMENT + 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 [-50,000] + for Golden Horde demonstration + & validation. + .................................. 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. + .................................. 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 & + 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....... 636,495 666,495 + .................................. 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 + 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........... 219,252 278,452 + .................................. 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 + (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 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 0 + TRANSITIONS (SSPT). + .................................. 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 + 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 + 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 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....................... 170,679 170,679 + 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 + .................................. 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 2,585,567 + DEMONSTRATION. + .................................. + .................................. MANAGEMENT SUPPORT + 131 0604256F THREAT SIMULATOR DEVELOPMENT...... 57,725 57,725 + 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....... 764,606 764,606 + 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. + .................................. 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 + 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 2,906,280 + .................................. + .................................. 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......................... 785,336 785,336 + 166 0605018F AF INTEGRATED PERSONNEL AND PAY 27,035 27,035 + SYSTEM (AF-IPPS). + 167 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,508 50,508 + 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.................... 520,023 481,623 + .................................. CERP virtual prototype [-25,500] + contract delay. + .................................. No acquisition strategy for [-2,000] + AEHF. + .................................. Radar modernization program [-10,900] + contract delays. + 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 + 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.......................... 162,080 152,112 + .................................. 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 + 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 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. + 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 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........ 128,110 128,110 + 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 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] + 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 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). + 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 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 + 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 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 36,639,037 + TEST & EVAL, AF. + .................................. + .................................. RESEARCH, DEVELOPMENT, TEST & + EVAL, SPACE FORCE + .................................. APPLIED RESEARCH + 001 1206601SF SPACE TECHNOLOGY.................. 130,874 146,874 + .................................. Rapid development of low-cost, [10,000] + small satellite technology. + .................................. Small satellite mission [6,000] + operations center. + .................................. SUBTOTAL APPLIED RESEARCH...... 130,874 146,874 + .................................. + .................................. ADVANCED COMPONENT DEVELOPMENT & + PROTOTYPES + 002 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 390,704 380,704 + (USER EQUIPMENT) (SPACE). + .................................. 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 142,808 151,595 + 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). + .................................. 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 + 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)...... 263,496 255,496 + .................................. 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).... 138,257 128,257 + .................................. Program delays................ [-10,000] + 018 1206432SF POLAR MILSATCOM (SPACE)........... 190,235 190,235 + 019 1206442SF NEXT GENERATION OPIR.............. 2,318,864 2,318,864 + 020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 650,978 + PROGRAM (SPACE)--EMD. + .................................. NSSL Phase 3 integration [90,000] + activities program. + .................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,744,016 3,816,016 + 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 17,993 + (SPACE). + 024A 9999999999 TACTICALLY RESPONSIVE LAUNCH...... 5,000 + .................................. Program increase.............. [5,000] + 025 1206864SF SPACE TEST PROGRAM (STP).......... 26,541 26,541 + .................................. SUBTOTAL MANAGEMENT SUPPORT.... 258,510 263,510 + .................................. + .................................. 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 247,229 234,729 + (FAB-T). + .................................. 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 + (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 40,809 + OPERATIONS. + .................................. Underexecution................ [-4,000] + 037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 416,999 + OPERATIONAL CONTROL SEGMENT. + .................................. Funds available prioritized to [-65,000] + other space missions. + 041 1206770SF ENTERPRISE GROUND SERVICES........ 116,791 116,791 + 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.............. 149,742 164,742 + .................................. 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 10,412,569 + 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 67,565 + .................................. DEPSCoR....................... [15,000] + .................................. Restore Minerva research [17,000] + initiative. + 004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 53,730 53,730 + SCIENCE. + 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. + .................................. 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........ 760,386 821,386 + .................................. + .................................. APPLIED RESEARCH + 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 54,335 + ADVANCEMENT OF S&T PRIORITIES. + .................................. Excess growth................. [-6,387] + 014 0602303E INFORMATION & COMMUNICATIONS 435,920 423,920 + TECHNOLOGY. + .................................. Program decrease.............. [-12,000] + 015 0602383E BIOLOGICAL WARFARE DEFENSE........ 26,950 26,950 + 016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 201,807 + PROGRAM. + 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 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 1,968,003 + .................................. + .................................. 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 14,910 + ASSESSMENT. + 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........ 230,978 220,978 + .................................. 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 + 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 133,375 123,673 + 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 + 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 93,817 135,817 + AND TECHNOLOGY PROGRAM. + .................................. Accelerating rapid prototyping [5,000] + by integrating high + performance computing and + advanced manufacturing. + .................................. Additive manufacturing [2,000] + training. + .................................. Advanced structural [25,000] + manufacturing technologies. + .................................. Flexible hybrid electronics... [5,000] + .................................. Hypersonic thermal management [5,000] + research. + 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 53,862 108,862 + PROGRAM. + .................................. AFFF replacement.............. [25,000] + .................................. PFAS Innovation Award Fund.... [5,000] + .................................. PFAS remediation and disposal [25,000] + technology. + 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 661,158 646,158 + .................................. 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 92,270 + TECHNOLOGY PROGRAM. + .................................. 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 89,072 + DEVELOPMENT. + 071 1206310SDA SPACE SCIENCE AND TECHNOLOGY 72,422 72,422 + RESEARCH AND DEVELOPMENT. + .................................. SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,732,334 + 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 98,345 + CERTIFICATION PROGRAM. + .................................. 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 1,004,305 924,305 + MIDCOURSE DEFENSE SEGMENT. + .................................. Unjustified cost growth....... [-80,000] + 078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 76,167 + PROGRAM--DEM/VAL. + 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......................... 814,936 775,266 + .................................. 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. + 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 449,000 430,000 + COMMUNICATIONS TECHNOLOGY (5G). + .................................. Program decrease for Restoring [-19,000] + S&T. + 094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,325 3,325 + PROGRAM. + 095 0604115C TECHNOLOGY MATURATION INITIATIVES. 67,389 109,389 + .................................. Restore DPAL Effort........... [42,000] + 098 0604181C HYPERSONIC DEFENSE................ 206,832 206,832 + 099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 730,508 702,008 + .................................. Micro nuclear reactors........ [50,000] + .................................. 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] + 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 65,000 + (HDR-H). + .................................. Continue radar development and [65,000] + 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 664,138 450,138 + INTERCEPTORS. + .................................. 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 + .................................. 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 215,994 195,994 + PROTOTYPING. + .................................. HBTSS--transfer to 1206895C... [-20,000] + 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 9,087,542 + 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 319,976 324,976 + 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 + 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 & 603,808 608,808 + 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 422,451 427,451 + INVESTMENT DEVELOPMENT (CTEIP). + .................................. 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 + 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 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 + (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 24,059 + .................................. Excess growth................. [-5,000] + 170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 57,716 + CENTER (DTIC). + .................................. 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 + 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 1,293,178 + .................................. + .................................. 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 90,151 + SUSTAINMENT SUPPORT. + .................................. Advanced machine tool research [20,000] + .................................. Cold spray manufacturing [5,000] + technologies. + .................................. Domestic organic light [5,000] + emitting diode microdisplay + manufacturing. + .................................. Domestic tungsten............. [5,000] + .................................. Manufacturing for reuse of [6,000] + NdFeB magnets. + .................................. Program increase.............. [15,000] + .................................. 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 356,713 394,713 + PROGRAM. + .................................. 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 9,728 + (JRSS). + 231 0305128V SECURITY AND INVESTIGATIVE 5,700 5,700 + ACTIVITIES. + 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. + 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.......... 136,041 146,041 + .................................. Machine learning and AI [10,000] + technologies to enable + operational maneuver. + 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 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 6,278,925 + DEVELOPMENT. + .................................. + .................................. SOFTWARE AND DIGITAL TECHNOLOGY + PILOT PROGRAMS + 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 250,107 250,107 + FUNCTIONAL TEAMS--SOFTWARE PILOT + PROGRAM. + .................................. SUBTOTAL SOFTWARE AND DIGITAL 475,381 445,381 + TECHNOLOGY PILOT PROGRAMS. + .................................. + .................................. TOTAL RESEARCH, DEVELOPMENT, 24,280,891 24,235,557 + 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.................. 106,224,793 104,708,901 +---------------------------------------------------------------------------------------------------------------- + + +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 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 + & + 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 + & PROTOTYPES. + ................ + ................ SYSTEM + DEVELOPMENT & + DEMONSTRATION + 142 0604755N SHIP SELF 1,144 1,144 + DEFENSE (DETECT + & CONTROL). + ................ SUBTOTAL 1,144 1,144 + SYSTEM + DEVELOPMENT + & + 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 + & 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 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 + + 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 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................ + + 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................ + + UNDISTRIBUTED + 570 UNDISTRIBUTED................. -395,600 + COVID-related ops/training [-258,300] + slowdown.................. + Foreign Currency [-137,300] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -395,600 + + TOTAL OPERATION & 40,312,968 40,072,840 + MAINTENANCE, ARMY........ + + 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 + + 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................ + + UNDISTRIBUTED + 210 UNDISTRIBUTED................. -33,500 + COVID-related ops/training [-33,500] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -33,500 + + TOTAL OPERATION & 2,934,717 2,897,276 + MAINTENANCE, ARMY RES.... + + 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 + + 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................ + + UNDISTRIBUTED + 220 UNDISTRIBUTED................. -66,100 + COVID-related ops/training [-66,100] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -66,100 + + TOTAL OPERATION & 7,420,014 7,368,636 + MAINTENANCE, ARNG........ + + 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 + + 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 + + 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................ + + 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................ + + UNDISTRIBUTED + 770 UNDISTRIBUTED................. -126,000 + COVID-related ops/training [-77,500] + slowdown.................. + Foreign Currency [-48,500] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -126,000 + + TOTAL OPERATION & 49,692,742 48,107,745 + MAINTENANCE, NAVY........ + + 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 + + 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................ + + 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................ + + UNDISTRIBUTED + 230 UNDISTRIBUTED................. -34,200 + COVID-related ops/training [-20,800] + slowdown.................. + Foreign Currency [-13,400] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -34,200 + + TOTAL OPERATION & 7,328,607 6,950,606 + MAINTENANCE, MARINE CORPS + + 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 + + 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................ + + UNDISTRIBUTED + 190 UNDISTRIBUTED................. -12,700 + COVID-related ops/training [-12,700] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -12,700 + + TOTAL OPERATION & 1,127,046 1,112,249 + MAINTENANCE, NAVY RES.... + + 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 + + ADMIN & SRVWD ACTIVITIES + 050 ADMINISTRATION................ 13,802 13,802 + SUBTOTAL ADMIN & SRVWD 13,802 13,802 + ACTIVITIES................ + + UNDISTRIBUTED + 70 UNDISTRIBUTED................. -2,500 + COVID-related ops/training [-2,500] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -2,500 + + TOTAL OPERATION & 284,656 282,923 + MAINTENANCE, MC RESERVE.. + + 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 + + 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 + + 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................ + + 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................ + + 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 + + TOTAL OPERATION & 34,750,597 34,448,567 + MAINTENANCE, AIR FORCE... + + 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 + + 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................ + + UNDISTRIBUTED + 110 UNDISTRIBUTED................. -8,000 + COVID-related ops/training [-8,000] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -8,000 + + TOTAL OPERATION & 2,531,294 2,514,294 + MAINTENANCE, SPACE FORCE. + + 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 + + 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 + + UNDISTRIBUTED + 130 UNDISTRIBUTED................. -30,300 + COVID-related ops/training [-30,300] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -30,300 + + TOTAL OPERATION & 3,350,284 3,308,184 + MAINTENANCE, AF RESERVE.. + + 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 + + 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................ + + UNDISTRIBUTED + 110 UNDISTRIBUTED................. -44,300 + COVID-related ops/training [-44,300] + slowdown.................. + SUBTOTAL UNDISTRIBUTED.... -44,300 + + TOTAL OPERATION & 6,753,642 6,745,242 + MAINTENANCE, ANG......... + + 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 + + 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................ + + 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................ + + UNDISTRIBUTED + 600 UNDISTRIBUTED................. -248,500 + COVID-related ops/training [-229,800] + slowdown.................. + Foreign Currency [-18,700] + adjustments............... + SUBTOTAL UNDISTRIBUTED.... -248,500 + + TOTAL OPERATION AND 38,649,079 38,673,162 + MAINTENANCE, DEFENSE-WIDE + + 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. + + TOTAL US COURT OF APPEALS 15,211 15,211 + FOR ARMED FORCES, DEF.... + + 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..... + + TOTAL DOD ACQUISITION 58,181 108,181 + WORKFORCE DEVELOPMENT + FUND..................... + + 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................ + + TOTAL OVERSEAS 109,900 109,900 + HUMANITARIAN, DISASTER, + AND CIVIC AID............ + + 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.......... + + TOTAL COOPERATIVE THREAT 238,490 360,190 + REDUCTION ACCOUNT........ + + 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 NAVY + 060 ENVIRONMENTAL RESTORATION, 335,932 335,932 + NAVY......................... + SUBTOTAL DEPARTMENT OF THE 335,932 335,932 + NAVY...................... + + 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 + 080 ENVIRONMENTAL RESTORATION, 9,105 9,105 + DEFENSE...................... + SUBTOTAL DEFENSE-WIDE..... 9,105 9,105 + + DEFENSE-WIDE + 090 ENVIRONMENTAL RESTORATION 216,587 216,587 + FORMERLY USED SITES.......... + SUBTOTAL DEFENSE-WIDE..... 216,587 216,587 + + TOTAL ENVIRONMENTAL 1,073,068 1,073,068 + RESTORATION.............. + + 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 UNDISTRIBUTED...... -1,711,780 +------------------------------------------------------------------------ + + +SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY +OPERATIONS. + +------------------------------------------------------------------------ +SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS + (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2021 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + OPERATION & MAINTENANCE, ARMY + OPERATING FORCES + 010 MANEUVER UNITS................ 4,114,001 3,862,628 + Drawdown from Operation [-89,500] + Freedom's Sentinel........ + Unjustified funding for [-161,873] + Dynamic Force Employment.. + 030 ECHELONS ABOVE BRIGADE........ 32,811 32,811 + 040 THEATER LEVEL ASSETS.......... 2,542,760 2,052,760 + Drawdown from Operation [-480,000] + Freedom's Sentinel........ + 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 4,136,734 + SUPPORT...................... + Drawdown from Operation [-1,500,000] + Freedom's Sentinel........ + 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....... 219,029 187,029 + 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 2,000 + PROGRAM...................... + 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 + 200 CYBERSPACE ACTIVITIES-- 98,461 98,461 + CYBERSPACE OPERATIONS........ + 210 CYBERSPACE ACTIVITIES-- 21,256 21,256 + CYBERSECURITY................ + SUBTOTAL OPERATING FORCES. 15,267,605 13,113,908 + + 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.... 521,090 921,090 + Retrograde from Operation [400,000] + Freedom's Sentinel........ + 400 CENTRAL SUPPLY ACTIVITIES..... 43,897 43,897 + 410 LOGISTIC SUPPORT ACTIVITIES... 68,423 68,423 + 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 2,074,604 + ACTIVITIES................ + + TOTAL OPERATION & 17,137,754 15,384,057 + 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........... + + 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.......................... 645,000 322,500 + Transfer for 10 USC 333 [-322,500] + Iraq security cooperation + activities................ + 020 SYRIA......................... 200,000 200,000 + SUBTOTAL COUNTER ISIS 845,000 522,500 + TRAIN AND EQUIP FUND + (CTEF).................... + + TOTAL COUNTER ISIS TRAIN 845,000 522,500 + AND EQUIP FUND (CTEF).... + + OPERATION & MAINTENANCE, NAVY + OPERATING FORCES + 010 MISSION AND OTHER FLIGHT 382,062 682,062 + OPERATIONS................... + Transfer from base........ [300,000] + 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 5,717,696 + OPERATIONS................... + Insufficient justification [-100,000] + 100 SHIP OPERATIONS SUPPORT & 20,741 20,741 + TRAINING..................... + 110 SHIP DEPOT MAINTENANCE........ 2,072,470 2,072,470 + 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 1,312,441 + Insufficient justification [-10,000] + 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 11,261,682 + + 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 11,440,305 + 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 1,480,444 + Program decrease.......... [-60,000] + 100 GLOBAL C3I AND EARLY WARNING.. 13,709 13,709 + 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 + 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.................... 126,934 171,134 + Department requested [44,200] + transfer from line 42G.... + SUBTOTAL OPERATING FORCES. 16,160,805 16,410,584 + + MOBILIZATION + 240 AIRLIFT OPERATIONS............ 1,271,439 1,471,439 + Realignment from Base to [200,000] + OCO....................... + 250 MOBILIZATION PREPAREDNESS..... 120,866 120,866 + SUBTOTAL MOBILIZATION..... 1,392,305 1,592,305 + + 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 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 345,985 273,785 + ACTIVITIES................ + + TOTAL OPERATION & 17,930,020 18,307,599 + 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 898,024 898,024 + COMBAT DEVELOPMENT ACTIVITIES + 060 SPECIAL OPERATIONS COMMAND 1,244,553 1,243,618 + INTELLIGENCE................. + 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 757,744 752,744 + THEATER FORCES............... + 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 + 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 1,630,263 + AGENCY....................... + 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 + 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 2,730,514 + ACTIVITIES................ + + TOTAL OPERATION AND 6,022,254 6,094,819 + 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 57,943,729 + 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 Conference + Item Request Authorized +------------------------------------------------------------------------ +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 Conference + Item Request Authorized +------------------------------------------------------------------------ +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 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 + +WORKING CAPITAL FUND, AIR FORCE +WORKING CAPITAL FUND +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, 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.............. 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] + TOTAL NATIONAL DEFENSE SEALIFT FUND 434,193 + +CHEM AGENTS & MUNITIONS 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............. 546,203 562,003 + 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....... 368,279 368,279 +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 371,439 371,439 + GENERAL............................ + +DEFENSE HEALTH PROGRAM +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 36,149,793 +------------------------------------------------------------------------ + + +SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. + +------------------------------------------------------------------------ + SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In + Thousands of Dollars) +------------------------------------------------------------------------- + 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 + +OFFICE OF THE INSPECTOR GENERAL +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 + + 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 Conference + Account Installation Project Title Request Authorized +---------------------------------------------------------------------------------------------------------------- + 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) +----------------------------------------------------------------------------------------------------------------- + FY 2021 Conference + Service State/Country and Installation Project Request Authorized +---------------------------------------------------------------------------------------------------------------- + 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 Conference + 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 15,550,428 + 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 5,815,767 + 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 + + Stockpile Management + Stockpile Major Modernization + 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 + +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 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 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, 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.. 792,000 755,428 + Recapitalization: + 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 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 + + Defense Nuclear Security + 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......... 826,895 800,895 + + Information technology and cybersecurity 375,511 375,511 + + Legacy contractor pensions.............. 101,668 101,668 +Total, Weapons Activities................. 15,602,000 15,550,428 + + +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.............. 170,000 110,000 + 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 + + National Technical Nuclear Forensics 40,000 40,000 + R&D.................................. + + Defense nuclear nonproliferation 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 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 2,041,000 + + +Naval Reactors + 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 + + +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................. [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 597,757 775,000 + and disposition...................... + Tank farm activities.................. 0 + Construction: + 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 + + NNSA sites and Nevada off-sites + 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 + + 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 145,880 145,880 + disposition.......................... + + 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......................... + 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 970,332 964,072 + stabilization and disposition........ + Construction: + 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 + 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 5,815,767 + +Other Defense Activities + Environment, health, safety and 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 81,584 81,584 + assessments............................ + + Specialized security activities......... 258,411 258,411 + + Office of Legacy Management + 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 + + 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. 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) 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) 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 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 +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), 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 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, 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 +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 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 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 + 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, +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 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 Commerce, who are representing +broad and interdisciplinary expertise and perspectives, including from +academic institutions, companies across diverse sectors, nonprofit and +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 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 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, 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, +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. + (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. + (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) 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. + (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 + 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; 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 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 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. + (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.--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. + + TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES + +Sec. 5201. National Artificial Intelligence Research Institutes. +SEC. 5201. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES. + (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.--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. + 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; + ``(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 +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-- + ``(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 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 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. + (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.--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, 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-- + (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 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. + (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) 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 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 +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 +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 + subparagraphs (A) through (F). + (k) Authorization of Appropriations.--There are authorized to be +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--ANTI-MONEY LAUNDERING + +SEC. 6001. SHORT TITLE. + 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 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 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: + ``(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 + (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: + ``(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: + +``5333. Safe harbor with respect to keep open directives.''. + + (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: + +``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. + + ``(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) 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 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) 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: + +``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. + + ``(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 + ``(IV) a foreign law enforcement authority. + + ``(ii) Confidentiality.-- + + ``(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: + +``5323. Whistleblower incentives and protections.''; and + + (2) by striking the item relating to section 5328. + + TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING + REQUIREMENTS + +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. + + 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: + ``(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 $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. 8002. DEFINITION OF COMMANDANT. + In this division, the term ``Commandant'' means the Commandant of +the Coast Guard. + + 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. 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. 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 +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. 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 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. 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 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 +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. 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) 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. 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 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 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 +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. 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. 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 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. 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 +8101 of this division, $105,000,000 is authorized for the hangar +replacement listed in the fiscal year 2020 Unfunded Priority List. +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. + ``(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. 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 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 LVXXXII--COAST GUARD + + Subtitle A--Military Personnel Matters + +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: + ``(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 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. 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: + ``(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. 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 + ``(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. 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 +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 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 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 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 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 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 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.''. + (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. 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 + ``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. 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 + ``(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. 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 + ``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. 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. 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. 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. 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''. + (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 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. 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. 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. 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 + ``(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 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. + ``(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 +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. 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. + ``(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. 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 +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. 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: +``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. 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. 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. 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: + ``(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. 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 (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''. + + Subtitle C--Access to Child Care for Coast Guard 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 +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. 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 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. 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. + (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. 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 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. + (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 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 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 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 +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. 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.''. + (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. 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. 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. + + Subtitle D--Reports + +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.''. + (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. 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 +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. 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 +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. 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. 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 +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. 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. + (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. 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. 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 +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. 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. 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 +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. 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 +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. 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. + (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. 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. 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 +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. 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. + (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. 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 +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. 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 +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. 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 +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. 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. + (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. 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, + 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 +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. 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 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. + (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. 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 +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. 8271. SHORT TITLE. + This subtitle may be cited as the ``Coast Guard Academy Improvement +Act''. +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. + (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. 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 + ``(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 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 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. 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: +``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. 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 + ``(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. 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. 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. + ``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. 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 +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. 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. 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 +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. 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 +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. 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. + (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. 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 +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. 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 +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 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 + +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. + + 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.''. + (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. 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.''. + (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. 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. 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: + ``(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.''. + + Subtitle B--Shipping + +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. 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. 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. + (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. 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: + ``(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. 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. 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: + ``(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. 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. 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: +``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. 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. 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 + ``(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. 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''. + (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. 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.''. + (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. 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''. + (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. 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 + ``(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) 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: + ``(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. 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''. + (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. 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)-- + + (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. 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. + (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. 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. 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 + ``(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. 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. + (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. 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. 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. + ``(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. 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.''. + + 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. + + Subtitle C--Arctic + +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. + + 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 +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. 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. + (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. 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. 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 +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. 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. 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. + (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. 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. + (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. 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: + ``(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. 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. + (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. 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. + (b) Report.--Not later than 240 days after the date of enactment of +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. 8416. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS +DEVICES TO MARK FISHING EQUIPMENT. + (a) Definitions.--In this section-- + (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 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 for Automatic Identification +System stations consistent with the core purpose of the Automatic +Identification System to prevent maritime accidents. + + Subtitle C--Arctic + +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.''. + (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. 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. 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. 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 +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. 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 +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. 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. + (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. 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 +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. 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 +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. 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 +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. 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 +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. 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. 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, +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 + 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. 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. + (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. 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 + ``(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. + ``(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) 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.''. + (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. 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 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).''. + (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: +``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. 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: + ``(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. 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''. + (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. 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''. + (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. 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 + 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. 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''. + (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. 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: + + ``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. 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: + +``70022. Prohibition on entry and operation.''. +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: + ``(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. 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 +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. 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: +``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. 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: + + ``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE + +``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 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: + + ``Chapter 425--National Shipper Advisory Committee''. + +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: + + ``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: + + <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: + +``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 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) 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 + (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. + + (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 + + (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. + + (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-- + + (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 + (IV) the Committee on Appropriations of the House + of Representatives. + + (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-- + + (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. + + 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: + +``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: + ``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: + +``Sec. 205. National cybersecurity challenges.''. + + Subtitle B--Other Matters + +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: + +``2912. Preservation of electronic messages and other records.''. + + (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. + + (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. + + Subtitle C--Other Matters + +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: + + ``(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) 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. + + (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 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. + (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: + +``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. diff --git a/bills_text/House-6418.txt b/bills_text/House-6418.txt new file mode 100644 index 0000000..158974d --- /dev/null +++ b/bills_text/House-6418.txt @@ -0,0 +1,39 @@ + H.R.6418 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6435.txt b/bills_text/House-6435.txt new file mode 100644 index 0000000..60bfdad --- /dev/null +++ b/bills_text/House-6435.txt @@ -0,0 +1,79 @@ + H.R.6435 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-6535.txt b/bills_text/House-6535.txt new file mode 100644 index 0000000..9bf7c58 --- /dev/null +++ b/bills_text/House-6535.txt @@ -0,0 +1,54 @@ + H.R.6535 + + One Hundred Sixteenth Congress + + 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 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.''. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7010.txt b/bills_text/House-7010.txt new file mode 100644 index 0000000..5bdc01d --- /dev/null +++ b/bills_text/House-7010.txt @@ -0,0 +1,149 @@ + H.R.7010 + + One Hundred Sixteenth Congress + + 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 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. + (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. + (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: + ``(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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7088.txt b/bills_text/House-7088.txt new file mode 100644 index 0000000..628cc4e --- /dev/null +++ b/bills_text/House-7088.txt @@ -0,0 +1,38 @@ + H.R.7088 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7105.txt b/bills_text/House-7105.txt new file mode 100644 index 0000000..a427b66 --- /dev/null +++ b/bills_text/House-7105.txt @@ -0,0 +1,7041 @@ + H.R.7105 + + One Hundred Sixteenth Congress + + 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. + + 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 ``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. +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. + (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 (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) 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. + (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. 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 + ``(a) Grants.--Subject to the availability of appropriations +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. + ``(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, 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 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 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 +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) 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 +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.''. + + (c) Criteria.--Not later than 180 days after the date of the +enactment of this Act, the Secretary of Veterans Affairs shall +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 +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. 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 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(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) 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) 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 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 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 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. 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): + ``(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. 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 + 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)-- + (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. 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, +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 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 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. +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 +(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 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) 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 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 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. + (C) Annual starting and ending salaries of members of each + cohort who were employed during the study. + (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. + (E) The academic credit hours, degrees, and certificates + obtained by members of each cohort during the study. + (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. + (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. + + TITLE V--DEBORAH SAMPSON + +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.''. + + (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 + +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. + + 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). + + TITLE VI--REPRESENTATION AND FINANCIAL EXPLOITATION MATTERS + +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. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-724.txt b/bills_text/House-724.txt new file mode 100644 index 0000000..6dad0c7 --- /dev/null +++ b/bills_text/House-724.txt @@ -0,0 +1,122 @@ + H.R.724 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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.''. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7259.txt b/bills_text/House-7259.txt new file mode 100644 index 0000000..e499b3f --- /dev/null +++ b/bills_text/House-7259.txt @@ -0,0 +1,44 @@ + H.R.7259 + + One Hundred Sixteenth Congress + + 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 + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7347.txt b/bills_text/House-7347.txt new file mode 100644 index 0000000..d33b138 --- /dev/null +++ b/bills_text/House-7347.txt @@ -0,0 +1,116 @@ + H.R.7347 + + One Hundred Sixteenth Congress + + 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 + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7440.txt b/bills_text/House-7440.txt new file mode 100644 index 0000000..a77a3ca --- /dev/null +++ b/bills_text/House-7440.txt @@ -0,0 +1,809 @@ + H.R.7440 + + One Hundred Sixteenth Congress + + 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 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 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7460.txt b/bills_text/House-7460.txt new file mode 100644 index 0000000..ecf5969 --- /dev/null +++ b/bills_text/House-7460.txt @@ -0,0 +1,41 @@ + H.R.7460 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-748.txt b/bills_text/House-748.txt new file mode 100644 index 0000000..de944eb --- /dev/null +++ b/bills_text/House-748.txt @@ -0,0 +1,18165 @@ + H.R.748 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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: + +Sec. 1. Short title. +Sec. 2. Table of contents. +Sec. 3. References. + + 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. +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. + + + highway safety grants emergency authority + + 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. + + TITLE XIII + + GENERAL PROVISIONS--THIS ACT + + 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. + + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7502.txt b/bills_text/House-7502.txt new file mode 100644 index 0000000..29aba93 --- /dev/null +++ b/bills_text/House-7502.txt @@ -0,0 +1,38 @@ + H.R.7502 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-776.txt b/bills_text/House-776.txt new file mode 100644 index 0000000..17489c3 --- /dev/null +++ b/bills_text/House-776.txt @@ -0,0 +1,39 @@ + H.R.776 + + One Hundred Sixteenth Congress + + 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 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-777.txt b/bills_text/House-777.txt new file mode 100644 index 0000000..0623089 --- /dev/null +++ b/bills_text/House-777.txt @@ -0,0 +1,65 @@ + H.R.777 + + One Hundred Sixteenth Congress + + 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 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 (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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7810.txt b/bills_text/House-7810.txt new file mode 100644 index 0000000..cce1f30 --- /dev/null +++ b/bills_text/House-7810.txt @@ -0,0 +1,38 @@ + H.R.7810 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-7898.txt b/bills_text/House-7898.txt new file mode 100644 index 0000000..e3cfd3c --- /dev/null +++ b/bills_text/House-7898.txt @@ -0,0 +1,97 @@ + H.R.7898 + + One Hundred Sixteenth Congress + + 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 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, +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 +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.''. +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.).''. + (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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-8247.txt b/bills_text/House-8247.txt new file mode 100644 index 0000000..797cbda --- /dev/null +++ b/bills_text/House-8247.txt @@ -0,0 +1,782 @@ + H.R.8247 + + One Hundred Sixteenth Congress + + 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 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 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. + (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. + ``(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. + ``(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. + ``(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) 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 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). + ``(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 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 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). + ``(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.''. + (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. + (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. + (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 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. + (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) 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. + (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 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. + (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(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. diff --git a/bills_text/House-8276.txt b/bills_text/House-8276.txt new file mode 100644 index 0000000..bb088b5 --- /dev/null +++ b/bills_text/House-8276.txt @@ -0,0 +1,43 @@ + H.R.8276 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-828.txt b/bills_text/House-828.txt new file mode 100644 index 0000000..575497d --- /dev/null +++ b/bills_text/House-828.txt @@ -0,0 +1,38 @@ + H.R.828 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-829.txt b/bills_text/House-829.txt new file mode 100644 index 0000000..d4270bb --- /dev/null +++ b/bills_text/House-829.txt @@ -0,0 +1,39 @@ + H.R.829 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-831.txt b/bills_text/House-831.txt new file mode 100644 index 0000000..55e3e96 --- /dev/null +++ b/bills_text/House-831.txt @@ -0,0 +1,47 @@ + H.R.831 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-8337.txt b/bills_text/House-8337.txt new file mode 100644 index 0000000..209a3dd --- /dev/null +++ b/bills_text/House-8337.txt @@ -0,0 +1,2240 @@ + H.R.8337 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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,'.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-835.txt b/bills_text/House-835.txt new file mode 100644 index 0000000..edea088 --- /dev/null +++ b/bills_text/House-835.txt @@ -0,0 +1,148 @@ + H.R.835 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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 +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. + (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. +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)''. +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. 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-8354.txt b/bills_text/House-8354.txt new file mode 100644 index 0000000..79c591a --- /dev/null +++ b/bills_text/House-8354.txt @@ -0,0 +1,60 @@ + H.R.8354 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-8472.txt b/bills_text/House-8472.txt new file mode 100644 index 0000000..814894b --- /dev/null +++ b/bills_text/House-8472.txt @@ -0,0 +1,72 @@ + H.R.8472 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-8611.txt b/bills_text/House-8611.txt new file mode 100644 index 0000000..2c73aa4 --- /dev/null +++ b/bills_text/House-8611.txt @@ -0,0 +1,38 @@ + H.R.8611 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-866.txt b/bills_text/House-866.txt new file mode 100644 index 0000000..e793d1f --- /dev/null +++ b/bills_text/House-866.txt @@ -0,0 +1,80 @@ + H.R.866 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-8810.txt b/bills_text/House-8810.txt new file mode 100644 index 0000000..674b188 --- /dev/null +++ b/bills_text/House-8810.txt @@ -0,0 +1,535 @@ + H.R.8810 + + One Hundred Sixteenth Congress + + 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 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. +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, 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. + (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). + (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. + + (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. + (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, 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. + + (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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-886.txt b/bills_text/House-886.txt new file mode 100644 index 0000000..caa9f71 --- /dev/null +++ b/bills_text/House-886.txt @@ -0,0 +1,58 @@ + H.R.886 + + One Hundred Sixteenth Congress + + 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 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 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. + (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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-887.txt b/bills_text/House-887.txt new file mode 100644 index 0000000..091fcd1 --- /dev/null +++ b/bills_text/House-887.txt @@ -0,0 +1,38 @@ + H.R.887 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-8900.txt b/bills_text/House-8900.txt new file mode 100644 index 0000000..34d4efd --- /dev/null +++ b/bills_text/House-8900.txt @@ -0,0 +1,290 @@ + H.R.8900 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-8906.txt b/bills_text/House-8906.txt new file mode 100644 index 0000000..0486661 --- /dev/null +++ b/bills_text/House-8906.txt @@ -0,0 +1,54 @@ + H.R.8906 + + One Hundred Sixteenth Congress + + 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 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-943.txt b/bills_text/House-943.txt new file mode 100644 index 0000000..008bd9c --- /dev/null +++ b/bills_text/House-943.txt @@ -0,0 +1,234 @@ + H.R.943 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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. +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. + (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. 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 +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. 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/House-991.txt b/bills_text/House-991.txt new file mode 100644 index 0000000..ae4a67c --- /dev/null +++ b/bills_text/House-991.txt @@ -0,0 +1,65 @@ + H.R.991 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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''. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1014.txt b/bills_text/Senate-1014.txt new file mode 100644 index 0000000..7ef41b5 --- /dev/null +++ b/bills_text/Senate-1014.txt @@ -0,0 +1,226 @@ + S.1014 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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. +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. + (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.--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. + (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. + (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) Mails.--The Commission may use the United States mails in the +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. + (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 +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. +SEC. 9. TERMINATION. + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1069.txt b/bills_text/Senate-1069.txt new file mode 100644 index 0000000..fd9131b --- /dev/null +++ b/bills_text/Senate-1069.txt @@ -0,0 +1,233 @@ + S.1069 + + One Hundred Sixteenth Congress + + 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 + 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, 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 2021 +through 2025 to carry out the program. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1130.txt b/bills_text/Senate-1130.txt new file mode 100644 index 0000000..37410b2 --- /dev/null +++ b/bills_text/Senate-1130.txt @@ -0,0 +1,187 @@ + S.1130 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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: +``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; + ``(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 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. + ``(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. + ``(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 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). + (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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1153.txt b/bills_text/Senate-1153.txt new file mode 100644 index 0000000..768af41 --- /dev/null +++ b/bills_text/Senate-1153.txt @@ -0,0 +1,174 @@ + S.1153 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1196.txt b/bills_text/Senate-1196.txt new file mode 100644 index 0000000..db439cf --- /dev/null +++ b/bills_text/Senate-1196.txt @@ -0,0 +1,39 @@ + S.1196 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1321.txt b/bills_text/Senate-1321.txt new file mode 100644 index 0000000..5e921cb --- /dev/null +++ b/bills_text/Senate-1321.txt @@ -0,0 +1,56 @@ + S.1321 + + One Hundred Sixteenth Congress + + 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 + 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)).''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-134.txt b/bills_text/Senate-134.txt new file mode 100644 index 0000000..f7e89d2 --- /dev/null +++ b/bills_text/Senate-134.txt @@ -0,0 +1,66 @@ + S.134 + + One Hundred Sixteenth Congress + + 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, 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 2261B, 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1342.txt b/bills_text/Senate-1342.txt new file mode 100644 index 0000000..12797d2 --- /dev/null +++ b/bills_text/Senate-1342.txt @@ -0,0 +1,72 @@ + S.1342 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 2020''. +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) 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1379.txt b/bills_text/Senate-1379.txt new file mode 100644 index 0000000..765bfc6 --- /dev/null +++ b/bills_text/Senate-1379.txt @@ -0,0 +1,3250 @@ + S.1379 + + One Hundred Sixteenth Congress + + 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 + 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).''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1380.txt b/bills_text/Senate-1380.txt new file mode 100644 index 0000000..43a96cf --- /dev/null +++ b/bills_text/Senate-1380.txt @@ -0,0 +1,47 @@ + S.1380 + + One Hundred Sixteenth Congress + + 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 + 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1436.txt b/bills_text/Senate-1436.txt new file mode 100644 index 0000000..5d55c08 --- /dev/null +++ b/bills_text/Senate-1436.txt @@ -0,0 +1,67 @@ + S.1436 + + One Hundred Sixteenth Congress + + 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. + + 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-151.txt b/bills_text/Senate-151.txt new file mode 100644 index 0000000..cd858c3 --- /dev/null +++ b/bills_text/Senate-151.txt @@ -0,0 +1,875 @@ + S.151 + + One Hundred Sixteenth Congress + + 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 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 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 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 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-- + + (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 + + (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-- + + (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 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 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 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 +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 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 +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), 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-153.txt b/bills_text/Senate-153.txt new file mode 100644 index 0000000..b5c51aa --- /dev/null +++ b/bills_text/Senate-153.txt @@ -0,0 +1,183 @@ + S.153 + + One Hundred Sixteenth Congress + + 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 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, 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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-163.txt b/bills_text/Senate-163.txt new file mode 100644 index 0000000..ce5c56a --- /dev/null +++ b/bills_text/Senate-163.txt @@ -0,0 +1,50 @@ + S.163 + + One Hundred Sixteenth Congress + + 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 + 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1646.txt b/bills_text/Senate-1646.txt new file mode 100644 index 0000000..ca30d0b --- /dev/null +++ b/bills_text/Senate-1646.txt @@ -0,0 +1,41 @@ + S.1646 + + One Hundred Sixteenth Congress + + 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 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'' 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1678.txt b/bills_text/Senate-1678.txt new file mode 100644 index 0000000..f743760 --- /dev/null +++ b/bills_text/Senate-1678.txt @@ -0,0 +1,139 @@ + S.1678 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 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. + 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. 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. diff --git a/bills_text/Senate-1689.txt b/bills_text/Senate-1689.txt new file mode 100644 index 0000000..5a7c6b0 --- /dev/null +++ b/bills_text/Senate-1689.txt @@ -0,0 +1,73 @@ + S.1689 + + One Hundred Sixteenth Congress + + 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. + + 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1693.txt b/bills_text/Senate-1693.txt new file mode 100644 index 0000000..ee59dfc --- /dev/null +++ b/bills_text/Senate-1693.txt @@ -0,0 +1,41 @@ + S.1693 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1694.txt b/bills_text/Senate-1694.txt new file mode 100644 index 0000000..d440bbd --- /dev/null +++ b/bills_text/Senate-1694.txt @@ -0,0 +1,175 @@ + S.1694 + + One Hundred Sixteenth Congress + + 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 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, 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 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 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. diff --git a/bills_text/Senate-1749.txt b/bills_text/Senate-1749.txt new file mode 100644 index 0000000..12a33af --- /dev/null +++ b/bills_text/Senate-1749.txt @@ -0,0 +1,48 @@ + S.1749 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1790.txt b/bills_text/Senate-1790.txt new file mode 100644 index 0000000..6c6f91d --- /dev/null +++ b/bills_text/Senate-1790.txt @@ -0,0 +1,63752 @@ + S.1790 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 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--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: + +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. 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. + + 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. 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. + + TITLE III--OPERATION AND MAINTENANCE + + Subtitle A--Authorization of Appropriations + +Sec. 301. Authorization of appropriations. + + 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. + + 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. +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 C--Authorization of Appropriations + +Sec. 421. Military personnel. + + TITLE V--MILITARY PERSONNEL POLICY + + 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. +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. + + 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. + + TITLE VI--MILITARY COMPENSATION + + 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. +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--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. 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. + + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS + + 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. + + 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. 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 + +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. + + 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. + + TITLE XI--CIVILIAN PERSONNEL MATTERS + + 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 + +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. + + 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. 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. + + TITLE XIII--COOPERATIVE THREAT REDUCTION + +Sec. 1301. Funding allocations; specification of cooperative threat + reduction funds. + + 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--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 + +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. + + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + + 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. +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. 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. 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. 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. + + 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 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. +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. + + 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. +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. 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--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. 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 + + 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 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. + + 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. +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. 4302. Operation and maintenance for overseas contingency + 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 + +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. + +DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND + 2020 + +Sec. 5001. Short title. +Sec. 5002. Subdivisions and table of contents. +Sec. 5003. Definitions. + + 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. + + Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers + +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. 7221. Commission on combating synthetic opioid trafficking. + + Subtitle C--Other Matters + +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. + + TITLE LXXIII--PFAS + +Sec. 7301. Short title. +Sec. 7302. Definition of Administrator. + + Subtitle A--Drinking Water + +Sec. 7311. Monitoring and detection. +Sec. 7312. Drinking water state revolving funds. + + Subtitle B--PFAS Release Disclosure + +Sec. 7321. Additions to toxics release inventory. + + Subtitle C--USGS Performance Standard + +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. + + Subtitle D--Emerging Contaminants + +Sec. 7341. Definitions. +Sec. 7342. Research and coordination plan for enhanced response on + emerging contaminants. + + Subtitle E--Toxic Substances Control Act + +Sec. 7351. PFAS data call. +Sec. 7352. Significant new use rule for long-chain PFAS. + + Subtitle F--Other Matters + +Sec. 7361. PFAS destruction and disposal guidance. +Sec. 7362. PFAS research and development. + + 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. + + 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 +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. + + 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 +in section 4101. + + 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. + 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. 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 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) $13,224,000,000 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 +the following items: + ``(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 +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.''. + + (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. 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, +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. 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. + 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 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 +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. 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 (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 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. 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 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 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. + (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. 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. 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 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'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. + + 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. 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. + + 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. 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, 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, 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 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) 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.--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) 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 +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. 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, 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 + (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 + +Sec. 301. Authorization of appropriations. + + 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. 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): + ``(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. 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''. + (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. 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. 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. + (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. 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 +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. 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. + (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. + +Subtitle C--Treatment of Contaminated Water Near Military Installations + + 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): + ``(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.''. + 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 +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. + (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). + (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. + + Subtitle E--Reports + + 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. + + 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), 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 + (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''. + (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. 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). + + 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. +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 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, 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. + 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. + (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 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) 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. + (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. + (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. + (a) Officers.--Section 12011(a)(1) 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: + + +1,000......................... 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 +2,700......................... 161 118 37 +2,800......................... 167 122 39 +2,900......................... 173 126 41 +3,000......................... 179 130 42''. + + + + (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 +2,700....................................... 121 27 +2,800....................................... 125 28 +2,900....................................... 130 29 +3,000....................................... 134 30''. + + + + + SEC. 416. MODIFICATION OF AUTHORIZED STRENGTH OF AIR FORCE RESERVE + SERVING ON FULL-TIME RESERVE COMPONENT DUTY FOR ADMINISTRATION OF + THE RESERVES OR THE NATIONAL GUARD. + (a) In General.--The table in section 12011(a)(1) of title 10, +United States Code, is amended by striking the matter relating to the +Air Force Reserve and inserting the following new matter: + + + + ``Air Force Reserve + +1,000 166 170 100 +1,500 245 251 143 +2,000 322 330 182 +2,500 396 406 216 +3,000 467 479 246 +3,500 536 550 271 +4,000 602 618 292 +4,500 665 683 308 +5,000 726 746 320 +5,500 784 806 325 +6,000 840 864 327 +7,000 962 990 347 +8,000 1,087 1,110 356 +10,000 1,322 1,362 395''. + + + + (b) Effective Date.--The amendment made by subsection (a) shall +take effect on October 1, 2019, and shall apply with respect to fiscal +years beginning on or after that date. + + 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. 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. + + 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. + + 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.--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: + ``(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 +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 +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. 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): + ``(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. 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. 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): + ``(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 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. + (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 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. 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 (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 + (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 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: + +``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: + +``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.--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 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 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. + (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. 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 +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. 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. + (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. + (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. + (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 committee considers + necessary to conduct reviews and assessments required by + 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 + subsection in accordance with applicable privacy laws and + Department of Defense policy, and shall return all records so + received in a timely manner. + (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. + (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. + (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. + (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. 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 +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. +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 +``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) 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 +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. 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) 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 (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. 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 +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 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 separation, discharge, or release shall be a condition, +not a disability, or Secretarial authority. + (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. 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 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. +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. + + 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. + 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 +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). + (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. 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- +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. + + 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: +``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. 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: + +``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--MILITARY COMPENSATION + + 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. +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--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. + + 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: +``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.''. + 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''. + + 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 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) 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.''. + 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. + + 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. + (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''. + + 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. + (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. 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. + + 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): + ``(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 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 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 +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) 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) 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. + (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 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-- + ``(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: + +``Sec. 712. Support by military healthcare system of medical + 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. 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) 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''; 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.''. + (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. 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 + ``(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) 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. 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 + ``(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. 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, 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 +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 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 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 +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) 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 + + TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED + MATTERS + + 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 +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 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) 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. + (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 +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. 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). + (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 + 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. 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.''. + (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 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 +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. 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. 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 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 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 + (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. 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 + +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 + ``4,300''; 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 (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. 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. + (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. 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 (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 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. 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. +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 +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.''. + +Subtitle B--Organization and Management of Other Department of Defense + Offices and Elements + + 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). + (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. 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): + ``(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. 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), 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: +``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. +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. 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). + + 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''. + (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. 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) 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 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 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.''. + (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. 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. 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. 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. 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; 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.--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. + (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 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 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. +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. 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: + +``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. + + TITLE XI--CIVILIAN PERSONNEL MATTERS + + 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. + + Subtitle A--General Provisions + +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: + +``5724b. Taxes on reimbursements for travel, transportation, and + relocation expenses''. + + (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: + + ``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. + + 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. + + TITLE XII--MATTERS RELATING TO FOREIGN NATIONS + + 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. + + 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. 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. 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 ``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)-- + (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. 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, 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) 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.--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 +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 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. + (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. 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. + (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 $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. + + 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 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).''. + (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) 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. + (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. + (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. + (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. + (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: + + ``(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''. + + 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. + (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), 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.''. + + (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 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, 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 + 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. + (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 + (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. + (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. +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 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. 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) 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.''. + (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. 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. + + Subtitle E--Matters Relating to Europe and NATO + +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) 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. + (b) Form.--The report required by 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 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 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 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. 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 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. 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 + 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 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 +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. 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. + + TITLE XIII--COOPERATIVE THREAT REDUCTION + +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. + + 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--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 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 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. + + 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 +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 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 + +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. + + 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. 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. 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. 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. 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, +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. 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. 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. 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. +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. + (c) Additional Authority.--The transfer authority provided by this +section is in addition to the transfer authority provided under section +1001. + + Subtitle B--Authorization of Appropriations for Emergency Funds for + Recovery and Restoration + +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. + + TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS + + 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. +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. 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. 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. 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. + + 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 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 +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 appropriate +committees of Congress a report describing a plan for the program under +subsection (a). + (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) 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. + + 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) 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: +``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. 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 + 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 ``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 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: + +``397. Principal Information Operations Advisor.''. + + (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). + (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, 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 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, 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 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. + (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 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), 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 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 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 + 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. + (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 + 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. + (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. 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. + (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, 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 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 +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. + (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 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 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 +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. 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,''. + (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. 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 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 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. 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 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.--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. + (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. 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. + + Subtitle F--Other Matters + +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: + +``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) 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. + (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: + +``2439. Negotiation of price for technical data before development, + production, or sustainment of major weapon systems.''. + + (50) The item relating to subchapter II in the table of + subchapters for chapter 144B is amended to read as follows: + +``II. Development, Prototyping, and Deployment of Weapon System +Components or Technology........................................2447a''. + + (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. 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: + +``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................. 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 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 +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 installation, and in the amount, set +forth in the following table: + + + Army: Family Housing +---------------------------------------------------------------------------------------------------------------- + State/Country Installation Units Amount +---------------------------------------------------------------------------------------------------------------- +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 +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 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 +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................... $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 +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 +Japan......................................... Fleet Activities Yokosuka....................... $174,692,000 + Marine Corps Air Station Iwakuni................ $15,870,000 +---------------------------------------------------------------------------------------------------------------- + + + (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, +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) 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. +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. + (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 +------------------------------------------------------------------------ + 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 +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 +------------------------------------------------------------------------ + 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, +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 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. + 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, 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. + (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 +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 +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 +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. + (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 +Maryland..................................... Naval Support Activity Bethesda............... $13,840,000 + South Potomac................................. $18,460,000 +New Mexico................................... White Sands Missile Range..................... $5,800,000 +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 +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 +Unspecified Worldwide........................ Unspecified Worldwide Locations............... $150,000,000 +---------------------------------------------------------------------------------------------------------------- + + +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 + + 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 +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 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.............. 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. + 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......................................... Jericho...................................... $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........................................ 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. + 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 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 +---------------------------------------------------------------------------------------------------------------- +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................................ $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 +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. + 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. +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. + 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. +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. + (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, 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. + ``(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 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.--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 +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.''. +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. + (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. 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. + (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 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 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) 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 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. + + 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 +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. 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. 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: + + + Army: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +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: + + + Navy: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +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. + (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: + + + Air Force: Outside the United States +---------------------------------------------------------------------------------------------------------------- + Country Location Amount +---------------------------------------------------------------------------------------------------------------- +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................................. +---------------------------------------------------------------------------------------------------------------- + + + (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 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 +---------------------------------------------------------------------------------------------------------------- +Germany......................................... Gemersheim................................... $46,000,000 +---------------------------------------------------------------------------------------------------------------- + + +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. + + Subtitle B--Emergency Military Construction + +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: + + + 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 +------------------------------------------------------------------------ + + + (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: + + + Army National Guard Authorization +---------------------------------------------------------------------------------------------------------------- + State Location Amount +---------------------------------------------------------------------------------------------------------------- +Louisiana....................................... Pineville.................................. $16,500,000 +Nebraska........................................ Ashland.................................... $43,500,000 +---------------------------------------------------------------------------------------------------------------- + + + (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 +------------------------------------------------------------------------ + + + (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)). + + TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM + +Sec. 3001. Definitions. + + 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. 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.''. + +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 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. 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 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 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. + ``(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 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 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 2894 of +title 10, United States Code, as added by subsection (a). + (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 2872a the following +new section: +``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 +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): + ``(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. 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 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 559 pursuant to subsection (b) of such section 559, +without the need to prescribe separate regulations for the use of such +authority. +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. + (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 +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. + + 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. 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 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 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. + + 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. 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 +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, 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 +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. 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 new 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, 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. 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. + + 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. 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, +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 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. +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: + +``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''. + + 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. 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)''; + (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 + (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: + ``(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 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. + ``(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 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. 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. + + Subtitle A--Maritime Administration + +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. + + PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY + +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. + + PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING + +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. 4302. Operation and maintenance for overseas contingency + 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 + +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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + 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. + + NATIONAL GUARD AND + RESERVE EQUIPMENT + UNDISTRIBUTED +007 UNDISTRIBUTED........ 265,000 + Program increase. [265,000] + TOTAL NATIONAL GUARD 265,000 + AND RESERVE + EQUIPMENT. + + 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. + + 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. + + 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 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. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) +----------------------------------------------------------------------------------------------------------------- + FY 2020 Conference + Line Program Element Item Request Authorized +---------------------------------------------------------------------------------------------------------------- + .................................. 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 + + 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 + + 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................ + + 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 OPERATION & 42,012,484 40,158,286 + MAINTENANCE, ARMY........ + + 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 + + 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 + + TOTAL OPERATION & 3,029,110 2,988,594 + MAINTENANCE, ARMY RES.... + + 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 + + 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................ + + TOTAL OPERATION & 7,629,403 7,525,642 + MAINTENANCE, ARNG........ + + 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 + + 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 + + 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................ + + 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................ + + UNDISTRIBUTED + 650 UNDISTRIBUTED................. -20,000 + Overestimation of civilian [-20,000] + FTE targets............... + SUBTOTAL UNDISTRIBUTED.... -20,000 + + TOTAL OPERATION & 51,125,751 49,951,564 + MAINTENANCE, NAVY........ + + 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 + + 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................ + + 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................ + + TOTAL OPERATION & 7,926,724 7,441,724 + MAINTENANCE, MARINE CORPS + + 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 + + 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................ + + TOTAL OPERATION & 1,125,116 1,100,116 + MAINTENANCE, NAVY RES.... + + 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 + + ADMIN & SRVWD ACTIVITIES + 050 ADMINISTRATION................ 13,574 13,574 + SUBTOTAL ADMIN & SRVWD 13,574 13,574 + ACTIVITIES................ + + TOTAL OPERATION & 292,076 292,076 + MAINTENANCE, MC RESERVE.. + + 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 + + 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 + + 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................ + + 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................ + + TOTAL OPERATION & 44,910,832 43,406,266 + MAINTENANCE, AIR FORCE... + + OPERATION & MAINTENANCE, SPACE + FORCE + UNDISTRIBUTED + 010 BASE SUPPORT.................. 72,436 72,436 + SUBTOTAL OPERATING FORCES. 72,436 72,436 + + TOTAL OPERATION & 72,436 72,436 + MAINTENANCE, SPACE 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 + + 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 + + TOTAL OPERATION & 3,396,818 3,356,318 + MAINTENANCE, AF RESERVE.. + + 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 + + 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 + + TOTAL OPERATION & 6,727,229 6,657,229 + MAINTENANCE, ANG......... + + 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 + + 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................ + + 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................ + + TOTAL OPERATION AND 37,479,841 36,922,673 + MAINTENANCE, DEFENSE-WIDE + + TOTAL OPERATION & -557,168 + MAINTENANCE, DEFENSE-WIDE + + 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. + + TOTAL US COURT OF APPEALS 14,771 14,771 + FOR ARMED FORCES, DEF.... + + 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..... + + TOTAL DOD ACQUISITION 400,000 400,000 + WORKFORCE DEVELOPMENT + FUND..................... + + 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................ + + 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 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 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. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY +OPERATIONS. + + +------------------------------------------------------------------------ +SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS + (In Thousands of Dollars) +------------------------------------------------------------------------- + FY 2020 Conference + Line Item Request Authorized +------------------------------------------------------------------------ + 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 OPERATION & 37,592 37,592 + MAINTENANCE, ARMY RES.... + + 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 + + ADMIN & SRVWD ACTIVITIES + 170 SERVICEWIDE COMMUNICATIONS.... 203 203 + SUBTOTAL ADMIN & SRVWD 203 203 + ACTIVITIES................ + + TOTAL OPERATION & 83,291 83,291 + MAINTENANCE, ARNG........ + + 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...................... + + 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.................... + + 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.......................... 745,000 545,000 + Program decrease.......... [-100,000] + Transfer to DSCA Security [-100,000] + 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 OPERATION & 8,707 8,707 + MAINTENANCE, MC RESERVE.. + + 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.............. +------------------------------------------------------------------------ + + +SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS. + + +------------------------------------------------------------------------ + 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 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 U.S. Army Natick Human Engineering Lab...... 50,000 50,000 + Soldier Systems + Center + 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 60,000 + 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 Barracks................... 32,000 32,000 +Army Fort Hood Vehicle Bridge............. 0 18,500 + Virginia +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 + McChord Facility. + Worldwide Unspecified +Army Unspecified Worldwide Child Development Centers.. 0 27,000 + Locations +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 Minor 70,600 70,600 + Locations Construction. +Army Unspecified Worldwide Unspecified Worldwide 211,000 0 + Locations Construction. + ........................ + Military Construction, Army Total 1,453,499 1,270,999 + ...................... + Arizona +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 + Bahrain Island +Navy SW Asia Electrical System Upgrade.. 53,360 0 + California +Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700 + Consolidated Warehouse. +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 Naval Submarine Base SSN Berthing Pier 32....... 72,260 72,260 + New London + District of Columbia +Navy Naval Observatory Master Time Clocks & 75,600 20,000 + Operations Fac (Inc). + Florida +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 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 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 Naval Air Station Communications Station..... 77,400 0 + Sigonella + Japan +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 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 II MEF Operations Center 12,2200 92,200 + Replacement. +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 Parris Island Range Improvements & 0 37,200 + Modernization Phase 3. + Utah +Navy Hill Air Force Base D5 Missile Motor Receipt/ 50,520 50,520 + Storage Fac (Inc). + Virginia +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 + Modernization. +Navy Keyport Undersea Vehicle 25,050 25,050 + Maintenance Facility. +Navy Naval Base Kitsap Seawolf Service Pier Cost- 0 48,000 + to-Complete. + Worldwide Unspecified +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. + ........................ + Military Construction, Navy Total 2,805,743 2,774,961 + ...................... + Alaska +AF Eielson Air Force Base F-35 AME Storage Facility.. 8,600 8,600 + Arkansas +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 +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 +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 +AF Peterson Air Force SOCNORTH Theater 0 54,000 + Base Operational Support + 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 +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 +AF Joint Region Marianas Munitions Storage Igloos 65,000 65,000 + III. + Illinois +AF Scott Air Force Base Joint Operations & Mission 100,000 100,000 + Planning Center. + Japan +AF Yokota Air Base Fuel Receipt & Distribution 12,400 12,400 + Upgrade. + Jordan +AF Azraq Air Traffic Control Tower.. 24,000 0 +AF Azraq Munitions Storage Area..... 42,000 0 + Mariana Islands +AF Tinian Airfield Development Phase 109,000 10,000 + 1. +AF Tinian Fuel Tanks W/ Pipeline/ 109,000 10,000 + Hydrant System. +AF Tinian Parking Apron.............. 98,000 25,000 + Maryland +AF Joint Base Andrews Presidential Aircraft Recap 86,000 86,000 + Complex Inc 3. + Massachusetts +AF Hanscom Air Force Base MIT-Lincoln Lab (West Lab 135,000 80,000 + CSL/MIF) Inc 2. + Missouri +AF Whiteman Air Force Consolidated Vehicle Ops 0 27,000 + Base and MX Facility. + Montana +AF Malmstrom Air Force Weapons Storage and 235,000 59,000 + Base Maintenance Facility. + Nevada +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 +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 +AF Minot Air Force Base Helo/Trfops/AMUfacility.... 5,500 5,500 + Ohio +AF Wright-Patterson Air ADAL Intelligence Prod. 120,900 120,900 + Force Base Complex (NASIC) Inc 2. + Texas +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 +AF Royal Air Force F-35A PGM Facility......... 14,300 14,300 + Lakenheath + Utah +AF Hill Air Force Base GBSD Mission Integration 108,000 33,000 + Facility. +AF Hill Air Force Base Joint Advanced Tactical 6,500 6,500 + Missile Storage Fac. + Washington +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 +AF Unspecified Worldwide Child Development Centers.. 0 31,500 + Locations +AF Various Worldwide Planning and Design........ 142,148 142,148 + Locations +AF Various Worldwide Unspecified Minor 79,682 79,682 + Locations Construction. + Wyoming +AF F. E. Warren Air Force Consolidated Helo/TRF Ops/ 18,100 18,100 + Base AMU and Alert Fac. + ........................ + Military Construction, Air Force Total 2,179,230 1,723,579 + ...................... + California +Def-Wide Beale Air Force Base Hydrant Fuel System 33,700 33,700 + Replacement. +Def-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700 + Clinic Replacement. +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 +Def-Wide Eglin Air Froce Base SOF Combined Squadron Ops 16,500 16,500 + Facility. +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. +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 +Def-Wide Geilenkirchen Air Base Ambulatory Care Center/ 30,479 30,479 + Dental Clinic. +Def-Wide Ramstein Landstuhl Elementary School 0 66,800 + Guam +Def-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200 + Facility. +Def-Wide Naval Base Guam NSA Anderson Smart Grid and 0 16,970 + ICS Infrustructure. + Hawaii +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 +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. + Maryland +Def-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 33,000 + Hospital Incr 3. +Def-Wide Fort Detrick Medical Research 27,846 27,846 + Acquisition Building. +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 +Def-Wide Columbus Air Force Fuel Facilities Replacement 16,800 16,800 + Base + Missouri +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 +Def-Wide White Sands Missile Install Microgrid, 700kw 0 5,800 + Range PV, 150 Kw Generator, and + Batteries. + North Carolina +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. +Def-Wide Fort Bragg SOF Operations Support Bldg 29,000 29,000 + Oklahoma +Def-Wide Tulsa IAP Fuels Storage Complex...... 18,900 18,900 + Rhode Island +Def-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600 + Replacement. + South Carolina +Def-Wide Joint Base Charleston Medical Consolidated 33,300 33,300 + Storage & Distrib Center. + South Dakota +Def-Wide Ellsworth Air Force Hydrant Fuel System 24,800 24,800 + Base Replacement. + Texas +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 +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. + Fort Story +Def-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004 + Base Little Creek-- Training Facility. + 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 +Def-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700 + McChord Facility. +Def-Wide Naval Base Kitsap Keyport Main Substation 0 23,670 + Replacement. + Wisconsin +Def-Wide Gen Mitchell IAP POL Facilities Replacement. 25,900 25,900 + Worldwide Classified +Def-Wide Classified Location Mission Support Compound... 52,000 52,000 + Worldwide Unspecified +Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0 + Locations +Def-Wide Unspecified Worldwide Energy Resilience and 150,000 150,000 + Locations Conserv. Invest. Prog.. +Def-Wide Unspecified Worldwide ERCIP Design............... 10,000 10,000 + Locations +Def-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770 + Locations Construction. +Def-Wide Unspecified Worldwide Planning and Design........ 15,000 15,000 + Locations +Def-Wide Unspecified Worldwide Planning and Design........ 29,679 29,679 + Locations +Def-Wide Unspecified Worldwide Planning and Design........ 35,472 35,472 + Locations +Def-Wide Unspecified Worldwide Planning and Design........ 4,890 4,890 + Locations +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. +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 +Def-Wide Various Worldwide Planning and Design........ 63,382 63,382 + Locations +Def-Wide Various Worldwide Planning and Design........ 27,000 27,000 + Locations +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. +Def-Wide Various Worldwide Unspecified Minor 16,736 16,736 + Locations Construction. + ........................ + 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 + ...................... + Alabama +Army NG Anniston Army Depot Enlisted Transient Barracks 0 34,000 +Army NG Foley National Guard Readiness 12,000 12,000 + Center. + California +Army NG Camp Roberts Automated Multipurpose 12,000 12,000 + Machine Gun Range. + Idaho +Army NG Orchard Combat Railroad Tracks............ 29,000 29,000 + Training Center + Maryland +Army NG Havre de Grace Combined Support 12,000 12,000 + Maintenance Shop. + Massachusetts +Army NG Camp Edwards Automated Multipurpose 9,700 9,700 + Machine Gun Range. + Minnesota +Army NG New Ulm National Guard Vehicle 11,200 11,200 + Maintenance Shop. + Mississippi +Army NG Camp Shelby Automated Multipurpose 8,100 8,100 + Machine Gun Range. + Missouri +Army NG Springfield National Guard Readiness 12,000 12,000 + Center. + Nebraska +Army NG Bellevue National Guard Readiness 29,000 29,000 + Center. + New Hampshire +Army NG Concord National Guard Readiness 5,950 5,950 + Center. + New York +Army NG Jamaica Armory National Guard Readiness 0 91,000 + Center. + Pennsylvania +Army NG Moon Township Combined Support 23,000 23,000 + Maintenance Shop. + Vermont +Army NG Jericho General Instruction 0 30,000 + Builiding. + Washington +Army NG Richland National Guard Readiness 11,400 11,400 + Center. + Worldwide Unspecified +Army NG Unspecified Worldwide Planning and Design........ 20,469 20,469 + Locations +Army NG Unspecified Worldwide Unspecified Minor 15,000 15,000 + Locations Construction. + ........................ + Military Construction, Army National Guard Total 210,819 365,819 + ...................... + Delaware +Army Res Newark Army Reserve Center/BMA.... 21,000 21,000 + Wisconsin +Army Res Fort McCoy Transient Training Barracks 25,000 25,000 + Worldwide Unspecified +Army Res Unspecified Worldwide Planning and Design........ 6,000 6,000 + Locations +Army Res Unspecified Worldwide Unspecified Minor 8,928 8,928 + Locations Construction. + ........................ + Military Construction, Army Reserve Total 60,928 60,928 + ...................... + Louisiana +N/MC Res New Orleans Entry Control Facility 25,260 25,260 + Upgrades. + Worldwide Unspecified +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. +Air NG Various Worldwide Planning and Design........ 17,000 17,000 + Locations + ........................ + Military Construction, Air National Guard Total 165,971 221,471 + ...................... + Georgia +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 +AF Res Minneapolis-St.paul Aerial Port Facility....... 0 9,800 + IAP + Worldwide Unspecified +AF Res Unspecified Worldwide Planning and Design........ 4,604 4,604 + Locations +AF Res Unspecified Worldwide Unspecified Minor 12,146 12,146 + Locations Construction. + ........................ + Military Construction, Air Force Reserve Total 59,750 84,550 + ...................... + Germany +FH Con Army Baumholder Family Housing Improvements 29,983 29,983 + Korea +FH Con Army Camp Humphreys Family Housing New 83,167 83,167 + Construction Incr 4. + Pennsylvania +FH Con Army Tobyhanna Army Depot Family Housing Replacement 19,000 19,000 + Construction. + Worldwide Unspecified +FH Con Army Unspecified Worldwide Family Housing P & D....... 9,222 14,222 + Locations + ........................ + Family Housing Construction, Army Total 141,372 146,372 + ...................... + Worldwide Unspecified +FH Ops Army Unspecified Worldwide Furnishings................ 24,027 24,027 + Locations +FH Ops Army Unspecified Worldwide Housing Privitization 18,627 63,627 + Locations Support. +FH Ops Army Unspecified Worldwide Leasing.................... 128,938 128,938 + Locations +FH Ops Army Unspecified Worldwide Maintenance................ 81,065 135,798 + Locations +FH Ops Army Unspecified Worldwide Management................. 38,898 38,898 + Locations +FH Ops Army Unspecified Worldwide Miscellaneous.............. 484 484 + Locations +FH Ops Army Unspecified Worldwide Services................... 10,156 10,156 + Locations +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 +---------------------------------------------------------------------------------------------------------------- + + +SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. + + +---------------------------------------------------------------------------------------------------------------- + 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 +---------------------------------------------------------------------------------------------------------------- + + +SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS. + + +---------------------------------------------------------------------------------------------------------------- + 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 +---------------------------------------------------------------------------------------------------------------- + + + 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 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 +------------------------------------------------------------------------ + + + DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, + AND 2020 + +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: + +DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND + 2020 + +Sec. 5001. Short title. +Sec. 5002. Subdivisions and table of contents. +Sec. 5003. Definitions. + + 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. +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). + + SUBDIVISION 1--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020 + +SEC. 5100. TABLE OF CONTENTS. + The table of contents for this subdivision is as follows: + +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. + + 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. 5102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. + (a) Specifications of Amounts.--The amounts authorized to be +appropriated under section 5101 for the conduct of the intelligence +activities of the elements listed in paragraphs (1) through (16) 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. 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 +$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 5102(a). + +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 LIII--INTELLIGENCE COMMUNITY MATTERS + Subtitle A--General Intelligence Community Matters + +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. 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. 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 +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), 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 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 +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. 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. 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. 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. 120. Climate Security Advisory Council.''. + + (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. + + Subtitle C--Inspector General of the Intelligence Community + +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 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 +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. 5402. MAKING CERTAIN POLICIES AND EXECUTION PLANS RELATING TO +PERSONNEL CLEARANCES AVAILABLE TO INDUSTRY PARTNERS. + (a) Definitions.--In this section: + (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 +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. + + 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: + +``Sec. 1108. Annual reports on influence operations and campaigns in the + United States by the Russian Federation.''. + + (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. 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. + + 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: + (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) 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 +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. 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) 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 +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. 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. + (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 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. 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 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 +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). + + 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. + + 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. + + 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. + + 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: + ``(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 LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS + +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. 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. 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: + ``(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 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. 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. 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 +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. 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. + (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, 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 +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. 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. + (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. 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). +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. + (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. 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''. + (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. 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. + (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. 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 +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. 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 +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. 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. + (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. 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 +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 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. + 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. 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''. + (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, 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. 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. 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 +of National Intelligence.''. + + Subtitle B--Central Intelligence Agency + +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) 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). + (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. 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 + + ``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: + +``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)''; and + (2) by striking subsections (b) and (c). + + Subtitle D--Other Elements + +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 +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, +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: + ``(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. 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 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 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. 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 +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 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. + (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. 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. + (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. 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). + (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. 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. + (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. 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 +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, 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. 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 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. 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 + 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. + (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. 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 +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 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 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 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 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 + 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 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 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. + (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. 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. + ``(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 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 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 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 +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. 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 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 +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 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, 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 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 +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. 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 +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. 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''). + (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 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. + (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. 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 +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. +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. 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. + (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 +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. 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. + (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, 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. + (d) Form of Report.--The report required under subsection (b) may +be submitted in classified form. +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. + (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. 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. 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-- + (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. + (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.''. + + Subtitle B--Reports + +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. 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. + (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. 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 +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. 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 +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. 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. + (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. 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. + (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 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. + + PART III--GENERAL MATTERS + +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. + + Subtitle B--Financial Industry Guidance to Halt Trafficking + +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. 7201. Short title. +Sec. 7202. Sense of Congress. +Sec. 7203. Definitions. + + Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers + +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. 7221. Commission on combating synthetic opioid trafficking. + + Subtitle C--Other Matters + +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. + + Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers + +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.''. + + Subtitle B--Commission on Combating Synthetic Opioid Trafficking + +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. + + Subtitle C--Other Matters + +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. + + TITLE LXXIII--PFAS + +Sec. 7301. Short title. +Sec. 7302. Definition of Administrator. + + Subtitle A--Drinking Water + +Sec. 7311. Monitoring and detection. +Sec. 7312. Drinking water state revolving funds. + + Subtitle B--PFAS Release Disclosure + +Sec. 7321. Additions to toxics release inventory. + + Subtitle C--USGS Performance Standard + +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. + + Subtitle D--Emerging Contaminants + +Sec. 7341. Definitions. +Sec. 7342. Research and coordination plan for enhanced response on + emerging contaminants. + + Subtitle E--Toxic Substances Control Act + +Sec. 7351. PFAS data call. +Sec. 7352. Significant new use rule for long-chain PFAS. + + Subtitle F--Other Matters + +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. + + Subtitle A--Drinking Water + +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 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. + + Subtitle D--Emerging Contaminants + +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 + + (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--Toxic Substances Control Act + +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)). + + Subtitle F--Other Matters + +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. + + 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).''. + + Subtitle B--Other Matters + +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. diff --git a/bills_text/Senate-1822.txt b/bills_text/Senate-1822.txt new file mode 100644 index 0000000..96b5341 --- /dev/null +++ b/bills_text/Senate-1822.txt @@ -0,0 +1,638 @@ + S.1822 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + ``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. + ``(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 + 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) 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. + ``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.--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 +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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1838.txt b/bills_text/Senate-1838.txt new file mode 100644 index 0000000..38c617e --- /dev/null +++ b/bills_text/Senate-1838.txt @@ -0,0 +1,589 @@ + S.1838 + + One Hundred Sixteenth Congress + + 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 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 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. +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) 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. +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. + ``(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: + ``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 +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 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.''. +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 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. + (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 +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. + (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. + (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 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. + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1869.txt b/bills_text/Senate-1869.txt new file mode 100644 index 0000000..ebaba28 --- /dev/null +++ b/bills_text/Senate-1869.txt @@ -0,0 +1,257 @@ + S.1869 + + One Hundred Sixteenth Congress + + 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. + + 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''. +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. +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) 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, 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. + (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 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. 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 +that is 6 months after the date of enactment of this Act. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-1982.txt b/bills_text/Senate-1982.txt new file mode 100644 index 0000000..c45f49c --- /dev/null +++ b/bills_text/Senate-1982.txt @@ -0,0 +1,1337 @@ + S.1982 + + One Hundred Sixteenth Congress + + 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. + + 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 +follows: + +Sec. 1. Short title; table of contents. +Sec. 2. Definitions. + + TITLE I--COMBATING MARINE DEBRIS + + 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. +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. +Sec. 119. Termination of authority. + + 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. 124. Judges. +Sec. 125. Report to Congress. +Sec. 126. Authorization of appropriations. +Sec. 127. Termination of authority. + + 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. + + 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. 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. + + TITLE I--COMBATING MARINE DEBRIS + 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 + 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. + (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.--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 +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 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; 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. + (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. + (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. + (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 +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 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. + 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. + (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, 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, +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 + 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. + (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. + 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 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.-- + (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 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 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)(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. + (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. 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) 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 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. 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 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. + (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. 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; + (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. 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. + 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. + 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. + (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. + (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 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. + (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 (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, 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 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 +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. 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 +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, 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 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, 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 + 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. + (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.--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. + (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. 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 +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 +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) 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. 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 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 +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 + 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. diff --git a/bills_text/Senate-199.txt b/bills_text/Senate-199.txt new file mode 100644 index 0000000..d3277cc --- /dev/null +++ b/bills_text/Senate-199.txt @@ -0,0 +1,135 @@ + S.199 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2047.txt b/bills_text/Senate-2047.txt new file mode 100644 index 0000000..a45decf --- /dev/null +++ b/bills_text/Senate-2047.txt @@ -0,0 +1,38 @@ + S.2047 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-209.txt b/bills_text/Senate-209.txt new file mode 100644 index 0000000..1c4f183 --- /dev/null +++ b/bills_text/Senate-209.txt @@ -0,0 +1,1344 @@ + S.209 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2107.txt b/bills_text/Senate-2107.txt new file mode 100644 index 0000000..01a84fd --- /dev/null +++ b/bills_text/Senate-2107.txt @@ -0,0 +1,126 @@ + S.2107 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-212.txt b/bills_text/Senate-212.txt new file mode 100644 index 0000000..d364109 --- /dev/null +++ b/bills_text/Senate-212.txt @@ -0,0 +1,464 @@ + S.212 + + One Hundred Sixteenth Congress + + 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 + 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 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. +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, 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''. +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 ``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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-216.txt b/bills_text/Senate-216.txt new file mode 100644 index 0000000..e3d1093 --- /dev/null +++ b/bills_text/Senate-216.txt @@ -0,0 +1,230 @@ + S.216 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2163.txt b/bills_text/Senate-2163.txt new file mode 100644 index 0000000..9f666b1 --- /dev/null +++ b/bills_text/Senate-2163.txt @@ -0,0 +1,189 @@ + S.2163 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + (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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2174.txt b/bills_text/Senate-2174.txt new file mode 100644 index 0000000..d5e2fcf --- /dev/null +++ b/bills_text/Senate-2174.txt @@ -0,0 +1,233 @@ + S.2174 + + One Hundred Sixteenth Congress + + 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 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. + ``(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: + ``(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 102 of Kristen's Act (34 U.S.C. 40504 +note) is amended to read as follows: + ``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.''. +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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2193.txt b/bills_text/Senate-2193.txt new file mode 100644 index 0000000..f9afeb0 --- /dev/null +++ b/bills_text/Senate-2193.txt @@ -0,0 +1,73 @@ + S.2193 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 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. + (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 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2216.txt b/bills_text/Senate-2216.txt new file mode 100644 index 0000000..17b2cb5 --- /dev/null +++ b/bills_text/Senate-2216.txt @@ -0,0 +1,123 @@ + S.2216 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + (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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2249.txt b/bills_text/Senate-2249.txt new file mode 100644 index 0000000..e87f864 --- /dev/null +++ b/bills_text/Senate-2249.txt @@ -0,0 +1,41 @@ + S.2249 + + One Hundred Sixteenth Congress + + 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. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2258.txt b/bills_text/Senate-2258.txt new file mode 100644 index 0000000..6c6b66b --- /dev/null +++ b/bills_text/Senate-2258.txt @@ -0,0 +1,151 @@ + S.2258 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-227.txt b/bills_text/Senate-227.txt new file mode 100644 index 0000000..8ad0440 --- /dev/null +++ b/bills_text/Senate-227.txt @@ -0,0 +1,293 @@ + S.227 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the 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. +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. +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.''. + (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. +SEC. 5. GUIDELINES FOR RESPONDING TO CASES OF MISSING OR MURDERED +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. + (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. + (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. + (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. + (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. + (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. + (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. + (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. + (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.''. + (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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2330.txt b/bills_text/Senate-2330.txt new file mode 100644 index 0000000..14b2bad --- /dev/null +++ b/bills_text/Senate-2330.txt @@ -0,0 +1,1665 @@ + S.2330 + + One Hundred Sixteenth Congress + + 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 + 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. +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 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-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''. + +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 + 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 + +``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. +``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.''. + (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: + + ``subchapter iv--united states center for safesport''; 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.''. + + (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. + (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).''. + (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\ 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 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: + +``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 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 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 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).''. + (f) Reports and Audits.-- + (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. + ``(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.''. + + (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''; + (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.''. + (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 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. + (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 + 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: + ``(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 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. + ``(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 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 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 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. + ``(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)-- + (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: + ``(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; + ``(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; 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. 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. + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-239.txt b/bills_text/Senate-239.txt new file mode 100644 index 0000000..cadf6b8 --- /dev/null +++ b/bills_text/Senate-239.txt @@ -0,0 +1,151 @@ + S.239 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 ``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. +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, 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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-24.txt b/bills_text/Senate-24.txt new file mode 100644 index 0000000..8239efd --- /dev/null +++ b/bills_text/Senate-24.txt @@ -0,0 +1,66 @@ + S.24 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2472.txt b/bills_text/Senate-2472.txt new file mode 100644 index 0000000..99c0462 --- /dev/null +++ b/bills_text/Senate-2472.txt @@ -0,0 +1,58 @@ + S.2472 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-252.txt b/bills_text/Senate-252.txt new file mode 100644 index 0000000..5df858a --- /dev/null +++ b/bills_text/Senate-252.txt @@ -0,0 +1,85 @@ + S.252 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-256.txt b/bills_text/Senate-256.txt new file mode 100644 index 0000000..72fee34 --- /dev/null +++ b/bills_text/Senate-256.txt @@ -0,0 +1,55 @@ + S.256 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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)''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2638.txt b/bills_text/Senate-2638.txt new file mode 100644 index 0000000..052844b --- /dev/null +++ b/bills_text/Senate-2638.txt @@ -0,0 +1,66 @@ + S.2638 + + One Hundred Sixteenth Congress + + 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 + 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)''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2661.txt b/bills_text/Senate-2661.txt new file mode 100644 index 0000000..c575923 --- /dev/null +++ b/bills_text/Senate-2661.txt @@ -0,0 +1,214 @@ + S.2661 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. +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 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 +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, 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). +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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2683.txt b/bills_text/Senate-2683.txt new file mode 100644 index 0000000..0b31262 --- /dev/null +++ b/bills_text/Senate-2683.txt @@ -0,0 +1,133 @@ + S.2683 + + One Hundred Sixteenth Congress + + 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 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 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 +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-- + (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. + (d) Consultation.--The Task Force shall consult with +representatives from State child care agencies, State child protective +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. 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. + (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). +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. + (j) Sunset.--The Task Force shall terminate 1 year after submitting +its final report under subsection (g). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2710.txt b/bills_text/Senate-2710.txt new file mode 100644 index 0000000..53dac41 --- /dev/null +++ b/bills_text/Senate-2710.txt @@ -0,0 +1,65 @@ + S.2710 + + One Hundred Sixteenth Congress + + 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. + + 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. +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. +SEC. 3. SUNSET. + The prohibition under section 2 shall expire one year 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. diff --git a/bills_text/Senate-2730.txt b/bills_text/Senate-2730.txt new file mode 100644 index 0000000..6eedd23 --- /dev/null +++ b/bills_text/Senate-2730.txt @@ -0,0 +1,57 @@ + S.2730 + + One Hundred Sixteenth Congress + + 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 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. 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2746.txt b/bills_text/Senate-2746.txt new file mode 100644 index 0000000..7e1e200 --- /dev/null +++ b/bills_text/Senate-2746.txt @@ -0,0 +1,83 @@ + S.2746 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2904.txt b/bills_text/Senate-2904.txt new file mode 100644 index 0000000..6c176fe --- /dev/null +++ b/bills_text/Senate-2904.txt @@ -0,0 +1,139 @@ + S.2904 + + One Hundred Sixteenth Congress + + 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 +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. +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 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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-294.txt b/bills_text/Senate-294.txt new file mode 100644 index 0000000..071df3a --- /dev/null +++ b/bills_text/Senate-294.txt @@ -0,0 +1,489 @@ + S.294 + + One Hundred Sixteenth Congress + + 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 + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-2981.txt b/bills_text/Senate-2981.txt new file mode 100644 index 0000000..06ff7b0 --- /dev/null +++ b/bills_text/Senate-2981.txt @@ -0,0 +1,1491 @@ + S.2981 + + One Hundred Sixteenth Congress + + 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. + + 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''. + (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. 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. 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 + +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. + + 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. + 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 one-half, the next higher whole + number shall be taken. + ``(d) Temporary Increase in Numbers.--The total number of officers +authorized by law to be on the lineal list during a fiscal year may be +temporarily exceeded if the average number on that list during that +fiscal year does not exceed the authorized number. + ``(e) Positions of Importance and Responsibility.--Officers serving +in positions designated under section 228(a) and officers recalled from +retired status shall not be counted when computing authorized strengths +under subsection (c) and shall not count against those strengths. + ``(f) Preservation of Grade and Pay.--No officer may be reduced in +grade or pay or separated from the commissioned officer corps of the +Administration as the result of a computation made to determine the +authorized number of officers in the various grades.''. + SEC. 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 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: + +``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 retirements of officers not + otherwise covered by law. + ``(2) Written agreements.--The Secretary and officers shall + enter into written agreements that describe the officers' obligated + service requirements prescribed under paragraph (1) in return for + such appointments, training, promotions, separations, + continuations, and retirements as the Secretary considers + appropriate. + ``(b) Repayment for Failure to Satisfy Requirements.-- + ``(1) In general.--The Secretary may require an officer who + fails to meet the service requirements prescribed under subsection + (a)(1) to reimburse the Secretary in an amount that bears the same + ratio to the total costs of the training provided to that officer + by the Secretary as the unserved portion of active duty bears to + the total period of active duty the officer agreed to serve. + ``(2) Obligation as debt to united states.--An obligation to + reimburse the Secretary under paragraph (1) is, for all purposes, a + debt owed to the United States. + ``(3) Discharge in bankruptcy.--A discharge in bankruptcy under + title 11 that is entered less than five years after the termination + of a written agreement entered into under subsection (a)(2) does + not discharge the individual signing the agreement from a debt + arising under such agreement. + ``(c) Waiver or Suspension of Compliance.--The Secretary may waive +the service obligation of an officer who-- + ``(1) becomes unqualified to serve on active duty in the + commissioned officer corps of the Administration because of a + circumstance not within the control of that officer; or + ``(2) is-- + ``(A) not physically qualified for appointment; and + ``(B) determined to be unqualified for service in the + commissioned officer corps of the Administration because of a + physical or medical condition that was not the result of the + officer's own misconduct or grossly negligent conduct.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to 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: + +``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 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: + +``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 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. + ``(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). + ``(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 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: + +``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 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 218 the following: + +``Sec. 219. Use of recruiting materials for public relations.''. + 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. + (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is amended by +adding at the end the following: + ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM. + ``(a) Authority To Repay Education Loans.--For the purpose of +maintaining adequate numbers of officers of the commissioned officer +corps of the Administration on active duty who have skills required by +the commissioned officer corps, the Secretary may repay, in the case of +a person described in subsection (b), a loan that-- + ``(1) was used by the person to finance education; and + ``(2) was obtained from a governmental entity, private + financial institution, educational institution, or other authorized + entity. + ``(b) Eligible Persons.--To be eligible to obtain a loan repayment +under this section, a person must-- + ``(1) satisfy one of the requirements specified in subsection + (c); + ``(2) be fully qualified for, or hold, an appointment as a + commissioned officer in the commissioned officer corps of the + Administration; and + ``(3) sign a written agreement to serve on active duty, or, if + on active duty, to remain on active duty for a period in addition + to any other incurred active duty obligation. + ``(c) Academic and Professional Requirements.--One of the following +academic requirements must be satisfied for purposes of determining the +eligibility of an individual for a loan repayment under this section: + ``(1) The person is fully qualified in a profession that the + Secretary has determined to be necessary to meet identified skill + shortages in the commissioned officer corps 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. + ``(e) Active Duty Service Obligation.-- + ``(1) In general.--A person entering into an agreement + described in subsection (b)(3) incurs an active duty service + obligation. + ``(2) Length of obligation determined under regulations.-- + ``(A) In general.--Except as provided in subparagraph (B), + the length of the obligation under paragraph (1) shall be + determined under regulations prescribed by the Secretary. + ``(B) Minimum obligation.--The regulations prescribed under + subparagraph (A) may not provide for a period of obligation of + less than one year for each maximum annual amount, or portion + thereof, paid on behalf of the person for qualified loans. + ``(3) Persons on active duty before entering into agreement.-- + The active duty service obligation of persons on active duty before + entering into the agreement shall be served after the conclusion of + any other obligation incurred under the agreement. + ``(4) Concurrent completion of service obligations.--A service + obligation under this section may be completed concurrently with a + service obligation under section 216. + ``(f) Effect of Failure To Complete Obligation.-- + ``(1) Alternative obligations.--An officer who is relieved of + the officer's active duty obligation under this section before the + completion of that obligation may be given any alternative + obligation, at the discretion of the Secretary. + ``(2) Repayment.--An officer who does not complete the period + of active duty specified in the agreement entered into under + subsection (b)(3), or the alternative obligation imposed under + paragraph (1), shall be subject to the repayment provisions under + section 216. + ``(g) Rulemaking.--The Secretary shall prescribe regulations to +carry out this section, including-- + ``(1) standards for qualified loans and authorized payees; and + ``(2) other terms and conditions for the making of loan + repayments.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to 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: + +``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 one or more student loans of an +eligible officer, in accordance with this section. + ``(b) Eligible Officers.--An officer is eligible for the benefit +described in subsection (a) while the officer-- + ``(1) is serving on active duty; + ``(2) has not completed more than three years of service on + active duty; + ``(3) is the debtor on one or more unpaid loans described in + subsection (c); and + ``(4) is not in default on any such loan. + ``(c) Student Loans.--The authority to make payments under +subsection (a) may be exercised with respect to the following loans: + ``(1) A loan made, insured, or guaranteed under part B of title + IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.). + ``(2) A loan made under part D of such title (20 U.S.C. 1087a + et seq.). + ``(3) A loan made under part E of such title (20 U.S.C. 1087aa + et seq.). + ``(d) Maximum Benefit.--Interest and any special allowance may be +paid on behalf of an officer under this section for any of the 36 +consecutive months during which the officer is eligible under +subsection (b). + ``(e) 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.). + ``(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''. + (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), +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 five academic + years; or + ``(2) a postbaccalaureate degree. + ``(b) Eligible Persons.-- + ``(1) In general.--A person is eligible to obtain financial + assistance under subsection (a) if the person-- + ``(A) is enrolled on a full-time basis in a program of + education referred to in subsection (a) at any educational + institution described in such subsection; + ``(B) meets all of the requirements for acceptance into the + commissioned officer corps of the Administration except for the + completion of a baccalaureate degree; and + ``(C) enters into a written agreement with the Secretary + described in paragraph (2). + ``(2) Agreement.--A written agreement referred to in paragraph + (1)(C) is an agreement between the person and the Secretary in + which the person-- + ``(A) agrees to accept an appointment as an officer, if + tendered; and + ``(B) upon completion of the person's educational program, + agrees to serve on active duty, immediately after appointment, + for-- + ``(i) up to three years if the person received less + than three years of assistance; and + ``(ii) up to five years if the person received at least + three years of assistance. + ``(c) Qualifying Expenses.--Expenses for which financial assistance +may be provided under subsection (a) are the following: + ``(1) Tuition and fees charged by the educational institution + involved. + ``(2) The cost of educational materials. + ``(3) In the case of a program of education leading to a + baccalaureate degree, laboratory expenses. + ``(4) Such other expenses as the Secretary considers + appropriate. + ``(d) Limitation on Amount.--The Secretary shall prescribe the +amount of financial assistance provided to a person under subsection +(a), which may not exceed the amount specified in section 2173(e)(2) of +title 10, United States Code, for each year of obligated service that a +person agrees to serve in an agreement described in subsection (b)(2). + ``(e) Duration of Assistance.--Financial assistance may be provided +to a person under subsection (a) for not more than five consecutive +academic years. + ``(f) Subsistence Allowance.-- + ``(1) In general.--A person who receives financial assistance + under subsection (a) shall be entitled to a monthly subsistence + allowance at a rate prescribed under paragraph (2) for the duration + of the period for which the person receives such financial + assistance. + ``(2) Determination of amount.--The Secretary shall prescribe + monthly rates for subsistence allowance provided under paragraph + (1), which shall be equal to the amount specified in section + 2144(a) of title 10, United States Code. + ``(g) Initial Clothing Allowance.-- + ``(1) Training.--The Secretary may prescribe a sum which shall + be credited to each person who receives financial assistance under + subsection (a) to cover the cost of the person's initial clothing + and equipment issue. + ``(2) Appointment.--Upon completion of the program of education + for which a person receives financial assistance under subsection + (a) and acceptance of appointment in the commissioned officer corps + of the Administration, the person may be issued a subsequent + clothing allowance equivalent to that normally provided to a newly + appointed officer. + ``(h) Termination of Financial Assistance.-- + ``(1) In general.--The Secretary shall terminate the assistance + provided to a person under this section if-- + ``(A) the Secretary accepts a request by the person to be + released from an agreement described in subsection (b)(2); + ``(B) the misconduct of the person results in a failure to + complete the period of active duty required under the + agreement; or + ``(C) the person fails to fulfill any term or condition of + the agreement. + ``(2) Reimbursement.--The Secretary may require a person who + receives assistance described in subsection (c), (f), or (g) under + an agreement entered into under subsection (b)(1)(C) to reimburse + the Secretary in an amount that bears the same ratio to the total + costs of the assistance provided to that person as the unserved + portion of active duty bears to the total period of active duty the + officer agreed to serve under the agreement. + ``(3) Waiver.--The Secretary may waive the service obligation + of a person through an agreement entered into under subsection + (b)(1)(C) if the person-- + ``(A) becomes unqualified to serve on active duty in the + commissioned officer corps of the Administration because of a + circumstance not within the control of that person; or + ``(B) is-- + ``(i) not physically qualified for appointment; and + ``(ii) determined to be unqualified for service in the + commissioned officer corps of the Administration because of + a physical or medical condition that was not the result of + the person's own misconduct or grossly negligent conduct. + ``(4) Obligation as debt to united states.--An obligation to + reimburse the Secretary imposed under paragraph (2) is, for all + purposes, a debt owed to the United States. + ``(5) Discharge in bankruptcy.--A discharge in bankruptcy under + title 11, United States Code, that is entered less than five years + after the termination of a written agreement entered into under + subsection (b)(1)(C) does not discharge the person signing the + agreement from a debt arising under such agreement or under + paragraph (2). + ``(i) Regulations.--The Secretary may prescribe such regulations +and orders as the Secretary considers appropriate to carry out this +section. + ``(j) Concurrent Completion of Service Obligations.--A service +obligation under this section may be completed concurrently with a +service obligation under section 216.''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to 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: + +``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, 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: + ``(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. + ``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.''. + (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: + +``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 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 +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. 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. + (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. + ``(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 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 +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 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(b), 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 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. + ``(c) Qualifications.--An appointment under subsection (a) or (b) +may not be given to an individual until the individual's mental, moral, +physical, and professional fitness to perform the duties of an officer +has been established under such regulations as the Secretary shall +prescribe. + ``(d) Order of Precedence.--Appointees under this section shall +take precedence in the grade to which appointed in accordance with the +dates of their commissions as commissioned officers in such grade. The +order of precedence of appointees whose dates of commission are the +same shall be determined by the Secretary. + ``(e) Inter-Service Transfers.--For inter-service transfers (as +described in Department of Defense Directive 1300.4 (dated December 27, +2006)) the Secretary shall-- + ``(1) coordinate with the Secretary of Defense and the + Secretary of the Department in which the Coast Guard is operating + to promote and streamline inter-service transfers; + ``(2) give preference to such inter-service transfers for + recruitment purposes as determined appropriate by the Secretary; + and + ``(3) reappoint such inter-service transfers to the equivalent + grade in the commissioned officer corps 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) +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 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. + ``(d) Action on Recommendations Not Acceptable.--If any +recommendation by a board convened under subsection (a) is not accepted +by the Secretary or the President, the board shall make such further +recommendations as the Secretary or the President considers +appropriate. + ``(e) Authority for Officers to Opt Out of Promotion +Consideration.-- + ``(1) In general.--The Director of the National Oceanic and + Atmospheric Administration Commissioned Officer Corps may provide + that an officer, upon the officer's request and with the approval + of the Director, be excluded from consideration for promotion by a + personnel board convened under this section. + ``(2) Approval.--The Director shall approve a request made by + an officer under paragraph (1) only if-- + ``(A) the basis for the request is to allow the officer to + complete a broadening assignment, advanced education, another + assignment of significant value to the Administration, a career + progression requirement delayed by the assignment or education, + or a qualifying personal or professional circumstance, as + determined by the Director; + ``(B) the Director determines the exclusion from + consideration is in the best interest of the Administration; + and + ``(C) the officer has not previously failed selection for + promotion to the grade for which the officer requests the + exclusion from consideration.''. + SEC. 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 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 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: + +``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 basic officer training program of +the Administration, and all other matters affecting such appointment. + ``(c) Dismissal.--The Secretary may dismiss from the basic officer +training program of the Administration any officer candidate who, +during the officer candidate's term as an officer candidate, the +Secretary considers unsatisfactory in either academics or conduct, or +not adapted for a career in the commissioned officer corps of the +Administration. Officer candidates shall be subject to rules governing +discipline prescribed by the Director of the National Oceanic and +Atmospheric Administration Commissioned Officer Corps. + ``(d) Agreement.-- + ``(1) In general.--Each officer candidate shall sign an + agreement with the Secretary in accordance with section 216(a)(2) + regarding the officer candidate's term of service in the + commissioned officer corps of the Administration. + ``(2) Elements.--An agreement signed by an officer candidate + under paragraph (1) shall provide that the officer candidate agrees + to the following: + ``(A) That the officer candidate will complete the course + of instruction at the basic officer training program of the + Administration. + ``(B) That upon graduation from such program, the officer + candidate-- + ``(i) will accept an appointment, if tendered, as an + officer; and + ``(ii) will serve on active duty for at least four + years immediately after such appointment. + ``(e) Regulations.--The Secretary shall prescribe regulations to +carry out this section. Such regulations shall include-- + ``(1) standards for determining what constitutes a breach of an + agreement signed under subsection (d)(1); and + ``(2) procedures for determining whether such a breach has + occurred. + ``(f) Repayment.--An officer candidate or former officer candidate +who does not fulfill the terms of the obligation to serve as specified +under subsection (d) shall be subject to the repayment provisions of +section 216(b).''. + (b) Clerical Amendment.--The table of contents in section 1 of the +Act entitled ``An Act to 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: + +``Sec. 234. Officer candidates.''. + + (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 3002(b)) +is amended-- + (1) by redesignating paragraphs (4) through (6) as paragraphs + (5) through (7), respectively; and + (2) by inserting after paragraph (3) the following: + ``(4) Officer candidate.--The term `officer candidate' means an + individual who is enrolled in the basic officer training program of + the Administration and is under consideration for appointment as an + officer under section 221(a)(2)(A).''. + (d) Pay for Officer Candidates.--Section 203 of title 37, United +States Code, is amended by adding at the end the following: + ``(f)(1) An officer candidate enrolled in the basic officer +training program of the commissioned officer corps of the National +Oceanic and Atmospheric Administration is entitled, while participating +in such program, to monthly officer candidate pay at monthly rates +equal to the basic pay of an enlisted member in the pay grade E-5 with +less than two years of service. + ``(2) An individual who graduates from such program shall receive +credit for the time spent participating in such program as if such time +were time served while on active duty as a commissioned officer. If the +individual does not graduate from such program, such time shall not be +considered creditable for active duty or pay.''. + SEC. 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 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 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: + +``Sec. 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 three years. + ``(2) Exclusion from retirement.--Any period of participation + of an officer in a program under this section shall not count + toward eligibility for retirement or computation of retired pay + under subtitle C. + ``(c) Agreement.--Each officer who participates in a program under +this section shall enter into a written agreement with the Secretary +under which that officer shall agree as follows: + ``(1) To undergo during the period of the inactivation of the + officer from active duty under the program such inactive duty + training as the Director of the National Oceanic and Atmospheric + Administration Commissioned Officer Corps shall require in order to + ensure that the officer retains proficiency, at a level determined + by the Director to be sufficient, in the technical skills, + professional qualifications, and physical readiness of the officer + during the inactivation of the officer from active duty. + ``(2) Following completion of the period of the inactivation of + the officer from active duty under the program, to serve two months + on active duty for each month of the period of the inactivation of + the officer from active duty under the program. + ``(d) Conditions of Release.--The Secretary shall-- + ``(1) prescribe regulations specifying the guidelines regarding + the conditions of release that must be considered and addressed in + the agreement required by subsection (c); and + ``(2) at a minimum, prescribe the procedures and standards to + be used to instruct an officer on the obligations to be assumed by + the officer under paragraph (1) of such subsection while the + officer is released from active duty. + ``(e) Order to Active Duty.--Under regulations prescribed by the +Secretary, an officer participating in a program under this section +may, in the discretion of the Secretary, be required to terminate +participation in the program and be ordered to active duty. + ``(f) Pay and Allowances.-- + ``(1) Basic pay.--During each month of participation in a + program under this section, an officer who participates in the + program shall be paid basic pay in an amount equal to two- + thirtieths of the amount of monthly basic pay to which the officer + would otherwise be entitled under section 204 of title 37, United + States Code, as a member of the uniformed services on active duty + in the grade and years of service of the officer when the officer + commences participation in the program. + ``(2) Special or incentive pay or bonus.-- + ``(A) Prohibition.--An officer who participates in a + program under this section shall not, while participating in + the program, be paid any special or incentive pay or bonus to + which the officer is otherwise entitled under an agreement + under chapter 5 of title 37, United States Code, that is in + force when the officer commences participation in the program. + ``(B) Not treated as failure to perform services.--The + inactivation from active duty of an officer participating in a + program under this section shall not be treated as a failure of + the officer to perform any period of service required of the + officer in connection with an agreement for a special or + incentive pay or bonus under chapter 5 of title 37, United + States Code, that is in force when the officer commences + participation in the program. + ``(3) Return to active duty.-- + ``(A) Special or incentive pay or bonus.--Subject to + subparagraph (B), upon the return of an officer to active duty + after completion by the officer of participation in a program + under this section-- + ``(i) any agreement entered into by the officer under + chapter 5 of title 37, United States Code, for the payment + of a special or incentive pay or bonus that was in force + when the officer commenced participation in the program + shall be revived, with the term of such agreement after + revival being the period of the agreement remaining to run + when the officer commenced participation in the program; + and + ``(ii) any special or incentive pay or bonus shall be + payable to the officer in accordance with the terms of the + agreement concerned for the term specified in clause (i). + ``(B) Limitation.-- + ``(i) In general.--Subparagraph (A) shall not apply to + any special or incentive pay or bonus otherwise covered by + that subparagraph with respect to an officer if, at the + time of the return of the officer to active duty as + described in that subparagraph-- + + ``(I) such pay or bonus is no longer authorized by + law; or + ``(II) the officer does not satisfy eligibility + criteria for such pay or bonus as in effect at the time + of the return of the officer to active duty. + + ``(ii) Pay or bonus ceases being authorized.-- + Subparagraph (A) shall cease to apply to any special or + incentive pay or bonus otherwise covered by that + subparagraph with respect to an officer if, during the term + of the revived agreement of the officer under subparagraph + (A)(i), such pay or bonus ceases being authorized by law. + ``(C) Repayment.--An officer who is ineligible for payment + of a special or incentive pay or bonus otherwise covered by + this paragraph by reason of subparagraph (B)(i)(II) shall be + subject to the requirements for repayment of such pay or bonus + in accordance with the terms of the applicable agreement of the + officer under chapter 5 of title 37, United States Code. + ``(D) Required service is additional.--Any service required + of an officer under an agreement covered by this paragraph + after the officer returns to active duty as described in + subparagraph (A) shall be in addition to any service required + of the officer under an agreement under subsection (c). + ``(4) Travel and transportation allowance.-- + ``(A) In general.--Subject to subparagraph (B), an officer + who participates in a program under this section is entitled, + while participating in the program, to the travel and + transportation allowances authorized by section 474 of title + 37, United States Code, for-- + ``(i) travel performed from the residence of the + officer, at the time of release from active duty to + participate in the program, to the location in the United + States designated by the officer as the officer's residence + during the period of participation in the program; and + ``(ii) travel performed to the residence of the officer + upon return to active duty at the end of the participation + of the officer in the program. + ``(B) Single residence.--An allowance is payable under this + paragraph only with respect to travel of an officer to and from + a single residence. + ``(5) Leave balance.--An officer who participates in a program + under this section is entitled to carry forward the leave balance + existing as of the day on which the officer begins participation + and accumulated in accordance with section 701 of title 10, 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. + ``(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.''. + (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), +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.''. + + 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.''. + + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3051.txt b/bills_text/Senate-3051.txt new file mode 100644 index 0000000..5ef46f4 --- /dev/null +++ b/bills_text/Senate-3051.txt @@ -0,0 +1,1996 @@ + S.3051 + + One Hundred Sixteenth Congress + + 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 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. 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. +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 + +Sec. 201. Purpose. +Sec. 202. Definitions. +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 III--MISCELLANEOUS + +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 + + 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)''. + (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 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. + (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. + (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) 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.--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. + (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. + 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.''. + 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. + (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 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) 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 + 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. + (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. + + TITLE II--NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS + + 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. + 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. + (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. + (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 + 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. + (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); + (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. + (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. 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 +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. 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. + 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. 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. + (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. + (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 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. + (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 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 +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. + The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply +to-- + (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. + (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. 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. + + TITLE III--MISCELLANEOUS + + 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. + (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). + (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. + (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. 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. + ``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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3084.txt b/bills_text/Senate-3084.txt new file mode 100644 index 0000000..cdfb375 --- /dev/null +++ b/bills_text/Senate-3084.txt @@ -0,0 +1,52 @@ + S.3084 + + One Hundred Sixteenth Congress + + 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. + + 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3105.txt b/bills_text/Senate-3105.txt new file mode 100644 index 0000000..1b2a2e3 --- /dev/null +++ b/bills_text/Senate-3105.txt @@ -0,0 +1,38 @@ + S.3105 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3147.txt b/bills_text/Senate-3147.txt new file mode 100644 index 0000000..ba15db3 --- /dev/null +++ b/bills_text/Senate-3147.txt @@ -0,0 +1,234 @@ + S.3147 + + One Hundred Sixteenth Congress + + 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 +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3201.txt b/bills_text/Senate-3201.txt new file mode 100644 index 0000000..5160d65 --- /dev/null +++ b/bills_text/Senate-3201.txt @@ -0,0 +1,139 @@ + S.3201 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3257.txt b/bills_text/Senate-3257.txt new file mode 100644 index 0000000..414e0c2 --- /dev/null +++ b/bills_text/Senate-3257.txt @@ -0,0 +1,39 @@ + S.3257 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-327.txt b/bills_text/Senate-327.txt new file mode 100644 index 0000000..580c7db --- /dev/null +++ b/bills_text/Senate-327.txt @@ -0,0 +1,49 @@ + S.327 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3312.txt b/bills_text/Senate-3312.txt new file mode 100644 index 0000000..0027405 --- /dev/null +++ b/bills_text/Senate-3312.txt @@ -0,0 +1,209 @@ + S.3312 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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, 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 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 +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. APPLICATIONS. + ``(a) In General.--To request a grant under this part, the chief +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, 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 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, 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. diff --git a/bills_text/Senate-3414.txt b/bills_text/Senate-3414.txt new file mode 100644 index 0000000..aa3dae0 --- /dev/null +++ b/bills_text/Senate-3414.txt @@ -0,0 +1,60 @@ + S.3414 + + One Hundred Sixteenth Congress + + 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 + 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3418.txt b/bills_text/Senate-3418.txt new file mode 100644 index 0000000..bce46a3 --- /dev/null +++ b/bills_text/Senate-3418.txt @@ -0,0 +1,453 @@ + S.3418 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + 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 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. + ``(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, 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 +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 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. + ``(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. + ``(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) 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. + ``(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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3461.txt b/bills_text/Senate-3461.txt new file mode 100644 index 0000000..31c641b --- /dev/null +++ b/bills_text/Senate-3461.txt @@ -0,0 +1,38 @@ + S.3461 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3462.txt b/bills_text/Senate-3462.txt new file mode 100644 index 0000000..cc45d23 --- /dev/null +++ b/bills_text/Senate-3462.txt @@ -0,0 +1,38 @@ + S.3462 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3503.txt b/bills_text/Senate-3503.txt new file mode 100644 index 0000000..db4d736 --- /dev/null +++ b/bills_text/Senate-3503.txt @@ -0,0 +1,70 @@ + S.3503 + + One Hundred Sixteenth Congress + + 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. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3587.txt b/bills_text/Senate-3587.txt new file mode 100644 index 0000000..1095928 --- /dev/null +++ b/bills_text/Senate-3587.txt @@ -0,0 +1,66 @@ + S.3587 + + One Hundred Sixteenth Congress + + 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 + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3607.txt b/bills_text/Senate-3607.txt new file mode 100644 index 0000000..1ca3cd0 --- /dev/null +++ b/bills_text/Senate-3607.txt @@ -0,0 +1,88 @@ + S.3607 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 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) 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 +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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3637.txt b/bills_text/Senate-3637.txt new file mode 100644 index 0000000..2b878e3 --- /dev/null +++ b/bills_text/Senate-3637.txt @@ -0,0 +1,102 @@ + S.3637 + + One Hundred Sixteenth Congress + + 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. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3703.txt b/bills_text/Senate-3703.txt new file mode 100644 index 0000000..ea49aff --- /dev/null +++ b/bills_text/Senate-3703.txt @@ -0,0 +1,93 @@ + S.3703 + + One Hundred Sixteenth Congress + + 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 + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3744.txt b/bills_text/Senate-3744.txt new file mode 100644 index 0000000..a82a98c --- /dev/null +++ b/bills_text/Senate-3744.txt @@ -0,0 +1,484 @@ + S.3744 + + One Hundred Sixteenth Congress + + 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 + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-375.txt b/bills_text/Senate-375.txt new file mode 100644 index 0000000..788f6f8 --- /dev/null +++ b/bills_text/Senate-375.txt @@ -0,0 +1,1156 @@ + S.375 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-3758.txt b/bills_text/Senate-3758.txt new file mode 100644 index 0000000..05c3ed4 --- /dev/null +++ b/bills_text/Senate-3758.txt @@ -0,0 +1,77 @@ + S.3758 + + One Hundred Sixteenth Congress + + 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 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''. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-394.txt b/bills_text/Senate-394.txt new file mode 100644 index 0000000..d695868 --- /dev/null +++ b/bills_text/Senate-394.txt @@ -0,0 +1,218 @@ + S.394 + + One Hundred Sixteenth Congress + + 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 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 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. diff --git a/bills_text/Senate-3989.txt b/bills_text/Senate-3989.txt new file mode 100644 index 0000000..1641438 --- /dev/null +++ b/bills_text/Senate-3989.txt @@ -0,0 +1,96 @@ + S.3989 + + One Hundred Sixteenth Congress + + 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 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.--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 +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 (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 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4054.txt b/bills_text/Senate-4054.txt new file mode 100644 index 0000000..b8a8ce7 --- /dev/null +++ b/bills_text/Senate-4054.txt @@ -0,0 +1,199 @@ + S.4054 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4072.txt b/bills_text/Senate-4072.txt new file mode 100644 index 0000000..9c27881 --- /dev/null +++ b/bills_text/Senate-4072.txt @@ -0,0 +1,41 @@ + S.4072 + + One Hundred Sixteenth Congress + + 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, + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4075.txt b/bills_text/Senate-4075.txt new file mode 100644 index 0000000..ffcec33 --- /dev/null +++ b/bills_text/Senate-4075.txt @@ -0,0 +1,77 @@ + S.4075 + + One Hundred Sixteenth Congress + + 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 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).''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4091.txt b/bills_text/Senate-4091.txt new file mode 100644 index 0000000..d7174db --- /dev/null +++ b/bills_text/Senate-4091.txt @@ -0,0 +1,66 @@ + S.4091 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4116.txt b/bills_text/Senate-4116.txt new file mode 100644 index 0000000..8e9f5bb --- /dev/null +++ b/bills_text/Senate-4116.txt @@ -0,0 +1,49 @@ + S.4116 + + One Hundred Sixteenth Congress + + 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. + + 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 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. diff --git a/bills_text/Senate-4126.txt b/bills_text/Senate-4126.txt new file mode 100644 index 0000000..2762fa3 --- /dev/null +++ b/bills_text/Senate-4126.txt @@ -0,0 +1,38 @@ + S.4126 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4148.txt b/bills_text/Senate-4148.txt new file mode 100644 index 0000000..cb241bc --- /dev/null +++ b/bills_text/Senate-4148.txt @@ -0,0 +1,38 @@ + S.4148 + + One Hundred Sixteenth Congress + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4209.txt b/bills_text/Senate-4209.txt new file mode 100644 index 0000000..e81ed85 --- /dev/null +++ b/bills_text/Senate-4209.txt @@ -0,0 +1,63 @@ + S.4209 + + One Hundred Sixteenth Congress + + 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 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-457.txt b/bills_text/Senate-457.txt new file mode 100644 index 0000000..961a315 --- /dev/null +++ b/bills_text/Senate-457.txt @@ -0,0 +1,55 @@ + S.457 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + (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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-461.txt b/bills_text/Senate-461.txt new file mode 100644 index 0000000..997513b --- /dev/null +++ b/bills_text/Senate-461.txt @@ -0,0 +1,256 @@ + S.461 + + One Hundred Sixteenth Congress + + 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 +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 (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. +SEC. 3. DEFINITIONS. + In this Act: + (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-- + (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, +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 +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) 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. +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.-- + (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, +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4684.txt b/bills_text/Senate-4684.txt new file mode 100644 index 0000000..3ef44e3 --- /dev/null +++ b/bills_text/Senate-4684.txt @@ -0,0 +1,38 @@ + S.4684 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-47.txt b/bills_text/Senate-47.txt new file mode 100644 index 0000000..67690ee --- /dev/null +++ b/bills_text/Senate-47.txt @@ -0,0 +1,13936 @@ + S.47 + + One Hundred Sixteenth Congress + + 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. + + 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 ``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 + +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. 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. +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 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 +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 ``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 ``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 +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 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.''. +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 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 +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 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. + ``(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 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 +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 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. + ``(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 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. + 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 ``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)''. + + 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 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: + ``(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 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. +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 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 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''. +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. 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.''. + (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 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 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''. + (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 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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4762.txt b/bills_text/Senate-4762.txt new file mode 100644 index 0000000..2d659d8 --- /dev/null +++ b/bills_text/Senate-4762.txt @@ -0,0 +1,40 @@ + S.4762 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-483.txt b/bills_text/Senate-483.txt new file mode 100644 index 0000000..ce7f1fa --- /dev/null +++ b/bills_text/Senate-483.txt @@ -0,0 +1,2642 @@ + S.483 + + One Hundred Sixteenth Congress + + 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 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. 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: + +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-- + + ``(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. + + ``(iii) With respect to pests specified in clauses + (iii) and (iv) of such subparagraph-- + + ``(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. + + ``(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;''; + + (B) in subparagraph (G)-- + (i) in clause (i)-- + + (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. diff --git a/bills_text/Senate-49.txt b/bills_text/Senate-49.txt new file mode 100644 index 0000000..294ab64 --- /dev/null +++ b/bills_text/Senate-49.txt @@ -0,0 +1,120 @@ + S.49 + + One Hundred Sixteenth Congress + + 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. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-490.txt b/bills_text/Senate-490.txt new file mode 100644 index 0000000..8015be5 --- /dev/null +++ b/bills_text/Senate-490.txt @@ -0,0 +1,53 @@ + S.490 + + One Hundred Sixteenth Congress + + 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''. + + Be it enacted by the Senate 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.--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. diff --git a/bills_text/Senate-4902.txt b/bills_text/Senate-4902.txt new file mode 100644 index 0000000..7a061d8 --- /dev/null +++ b/bills_text/Senate-4902.txt @@ -0,0 +1,38 @@ + S.4902 + + One Hundred Sixteenth Congress + + 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''. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-4996.txt b/bills_text/Senate-4996.txt new file mode 100644 index 0000000..be54314 --- /dev/null +++ b/bills_text/Senate-4996.txt @@ -0,0 +1,421 @@ + S.4996 + + One Hundred Sixteenth Congress + + 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 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-50.txt b/bills_text/Senate-50.txt new file mode 100644 index 0000000..3d4f8c6 --- /dev/null +++ b/bills_text/Senate-50.txt @@ -0,0 +1,90 @@ + S.50 + + One Hundred Sixteenth Congress + + 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 + 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 $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). +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-5036.txt b/bills_text/Senate-5036.txt new file mode 100644 index 0000000..64c1e01 --- /dev/null +++ b/bills_text/Senate-5036.txt @@ -0,0 +1,86 @@ + S.5036 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-504.txt b/bills_text/Senate-504.txt new file mode 100644 index 0000000..4574dbb --- /dev/null +++ b/bills_text/Senate-504.txt @@ -0,0 +1,222 @@ + S.504 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 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.''. + + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-578.txt b/bills_text/Senate-578.txt new file mode 100644 index 0000000..d723a0e --- /dev/null +++ b/bills_text/Senate-578.txt @@ -0,0 +1,46 @@ + S.578 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-693.txt b/bills_text/Senate-693.txt new file mode 100644 index 0000000..a98d8ca --- /dev/null +++ b/bills_text/Senate-693.txt @@ -0,0 +1,39 @@ + S.693 + + One Hundred Sixteenth Congress + + 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 it enacted by the Senate 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-725.txt b/bills_text/Senate-725.txt new file mode 100644 index 0000000..1186551 --- /dev/null +++ b/bills_text/Senate-725.txt @@ -0,0 +1,32 @@ + S.725 + + One Hundred Sixteenth Congress + + 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. + + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-737.txt b/bills_text/Senate-737.txt new file mode 100644 index 0000000..b2ae6b2 --- /dev/null +++ b/bills_text/Senate-737.txt @@ -0,0 +1,134 @@ + S.737 + + One Hundred Sixteenth Congress + + 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 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 disparity extends down through all levels of education. +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 elementary and +prekindergarten 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, 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. + 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-743.txt b/bills_text/Senate-743.txt new file mode 100644 index 0000000..67ffcee --- /dev/null +++ b/bills_text/Senate-743.txt @@ -0,0 +1,110 @@ + S.743 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-744.txt b/bills_text/Senate-744.txt new file mode 100644 index 0000000..7576f0a --- /dev/null +++ b/bills_text/Senate-744.txt @@ -0,0 +1,59 @@ + S.744 + + One Hundred Sixteenth Congress + + 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 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:''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-760.txt b/bills_text/Senate-760.txt new file mode 100644 index 0000000..5db5296 --- /dev/null +++ b/bills_text/Senate-760.txt @@ -0,0 +1,83 @@ + S.760 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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) 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-785.txt b/bills_text/Senate-785.txt new file mode 100644 index 0000000..2b01995 --- /dev/null +++ b/bills_text/Senate-785.txt @@ -0,0 +1,2888 @@ + S.785 + + One Hundred Sixteenth Congress + + 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 + 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. 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. 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. 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. 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. +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. Statistical analyses and data evaluation 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. Comptroller General management review of mental health and + 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 + +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. 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. +Sec. 505. Briefing on alternative work schedules for employees of + 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 + +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. 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 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. + (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.''. + + 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. + (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) 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 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 +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. + (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. + (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) 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. + (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. + (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). + (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 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. + (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 +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-- + (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. + (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. 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 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. + (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 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 +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 + 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, 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) 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, 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. + (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 + ``(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 adding at the end the following +new item: + +``119. Contracting for statistical analyses and data evaluation.''. + + 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 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. + (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. + (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. + (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. + (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). + (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. + 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: + + (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. + (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 +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. 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, 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. + (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. + (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. + (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. + (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. + (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 + 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. + ``(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'). + ``(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(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 +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. 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 +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. + (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. + (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-- + ``(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). + (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 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. + + 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 +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) 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. + (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. + (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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-832.txt b/bills_text/Senate-832.txt new file mode 100644 index 0000000..68ff24b --- /dev/null +++ b/bills_text/Senate-832.txt @@ -0,0 +1,36 @@ + S.832 + + One Hundred Sixteenth Congress + + 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. + + 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-862.txt b/bills_text/Senate-862.txt new file mode 100644 index 0000000..d03e8ac --- /dev/null +++ b/bills_text/Senate-862.txt @@ -0,0 +1,54 @@ + S.862 + + One Hundred Sixteenth Congress + + 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 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. 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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-863.txt b/bills_text/Senate-863.txt new file mode 100644 index 0000000..5a115d0 --- /dev/null +++ b/bills_text/Senate-863.txt @@ -0,0 +1,79 @@ + S.863 + + One Hundred Sixteenth Congress + + 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 + 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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-881.txt b/bills_text/Senate-881.txt new file mode 100644 index 0000000..2028f65 --- /dev/null +++ b/bills_text/Senate-881.txt @@ -0,0 +1,583 @@ + S.881 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 +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 606--SPACE WEATHER + +``Sec. +``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 + 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). + ``(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 (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) 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, 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 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, 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 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 +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, 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 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 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: + +``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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-893.txt b/bills_text/Senate-893.txt new file mode 100644 index 0000000..af7252d --- /dev/null +++ b/bills_text/Senate-893.txt @@ -0,0 +1,239 @@ + S.893 + + One Hundred Sixteenth Congress + + 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 + 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. +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 + 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. + (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. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-900.txt b/bills_text/Senate-900.txt new file mode 100644 index 0000000..af5ff6a --- /dev/null +++ b/bills_text/Senate-900.txt @@ -0,0 +1,42 @@ + S.900 + + One Hundred Sixteenth Congress + + 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. + + 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 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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-906.txt b/bills_text/Senate-906.txt new file mode 100644 index 0000000..e9ecc86 --- /dev/null +++ b/bills_text/Senate-906.txt @@ -0,0 +1,120 @@ + S.906 + + One Hundred Sixteenth Congress + + 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 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''. +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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-910.txt b/bills_text/Senate-910.txt new file mode 100644 index 0000000..7f0fb08 --- /dev/null +++ b/bills_text/Senate-910.txt @@ -0,0 +1,261 @@ + S.910 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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''. + (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. + (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 +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 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 +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 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.''. + (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''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-914.txt b/bills_text/Senate-914.txt new file mode 100644 index 0000000..72439e9 --- /dev/null +++ b/bills_text/Senate-914.txt @@ -0,0 +1,985 @@ + S.914 + + One Hundred Sixteenth Congress + + 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 + 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 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 + 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 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. + (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. + (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.''. + (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''. + (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 coastal 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 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. + 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 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 +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. + ``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. + 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. + (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) 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 +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 + 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: + ``(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, 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: + ``(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) $44,500,000 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. diff --git a/bills_text/Senate-945.txt b/bills_text/Senate-945.txt new file mode 100644 index 0000000..19e0af5 --- /dev/null +++ b/bills_text/Senate-945.txt @@ -0,0 +1,160 @@ + S.945 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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).''. +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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-979.txt b/bills_text/Senate-979.txt new file mode 100644 index 0000000..7320cb0 --- /dev/null +++ b/bills_text/Senate-979.txt @@ -0,0 +1,131 @@ + S.979 + + One Hundred Sixteenth Congress + + 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 + 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; + ``(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.''. + (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). + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-982.txt b/bills_text/Senate-982.txt new file mode 100644 index 0000000..86ff9a5 --- /dev/null +++ b/bills_text/Senate-982.txt @@ -0,0 +1,226 @@ + S.982 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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). +SEC. 3. COORDINATOR OF FEDERAL EFFORTS TO COMBAT VIOLENCE AGAINST +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. + (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. 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 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. + (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. + (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. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate. diff --git a/bills_text/Senate-998.txt b/bills_text/Senate-998.txt new file mode 100644 index 0000000..940a77a --- /dev/null +++ b/bills_text/Senate-998.txt @@ -0,0 +1,76 @@ + S.998 + + One Hundred Sixteenth Congress + + 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. + + Be it enacted by the Senate 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 ``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. + 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.''. + + Speaker of the House of Representatives. + + Vice President of the United States and + President of the Senate.