---
kind: "diff"
citation: "S. 1790"
bill: "116-s-1790"
heading: "National Defense Authorization Act for Fiscal Year 2020"
from: "rs"
from_label: "Reported in Senate"
to: "es"
to_label: "Engrossed in Senate"
sections_amended: 1
sections_added: 350
sections_removed: 0
url: "https://uscodex.org/bills/116/s/1790/changes/es"
---
# S. 1790 — what changed
S. 1790, National Defense Authorization Act for Fiscal Year 2020 — 1 section amended and 350 added between Reported in Senate and Engrossed in Senate.
Edits are marked `struck` and `inserted`.
## Sec. 2 Organization of Act into divisions; table of contents
- (a) Divisions— This Act is organized into four seven divisions as follows:
- (1) Division A—Department of Defense Authorizations.
- (2) Division B—Military Construction Authorizations.
- (3) Division C—Department of Energy National Security Authorizations and Other Authorizations.
- (4) Division D—Funding Tables.
- (5) Division E—Additional Provisions.
- (6) Division F—Intelligence Authorizations for Fiscal Year 2020.
- (7) Division G—Intelligence Authorizations for Fiscal Year 2018 and 2019.
- (b) Table of contents— The table of contents for this Act is as follows:
## Sec. 1045 Use of funds for defense of the Armed Forces and United States citizens against attack by foreign hostile forces — added
- Amounts authorized to be appropriated by this Act may be used to ensure the ability of the Armed Forces of the United States to defend themselves, and United States citizens, against attack by the government, military forces, or proxies of a foreign nation or by other hostile forces.
## Sec. 5101 Briefing on plans to increase readiness of B–1 bomber aircraft — added
- (a) In general— Not later than January 31, 2020, the Secretary of the Air Force shall provide the congressional defense committees a briefing on the Air Force's plans to increase the readiness of the B–1 bomber aircraft.
- (b) Elements— The briefing required under subsection (a) shall include the following elements:
- (1) A description of aircraft structural issues.
- (2) A plan for continued structural deficiency data analysis and training.
- (3) Projected repair timelines.
- (4) Future mitigation strategies.
- (5) An aircrew maintainer training plan, including a plan to ensure that the training pipeline remains steady, for any degradation period.
- (6) A recovery timeline to meet future deployment tasking.
- (7) A plan for continued upgrades and improvements.
## Sec. 5126 Limitation on availability of funds for the Littoral Combat Ship — added
- (a) Limitation— The text of subsection (a) of section 126 is hereby deemed to read as follows:
- “(a) Limitations—None of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be used to exceed, and the Department may not otherwise exceed, the total procurement quantity of thirty-five Littoral Combat Ships, unless the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees the certifications described in subsection (b).”
- (b) Definition— Subsection (c) of section 126 shall have no force or effect.
## Sec. 5151 Limitation on availability of funds for communications systems lacking certain resiliency features — added
- The text of subsection (a) of section 151 preceding paragraph (1) is hereby deemed to read as follows:
- “(a) In general—Except as provided under subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be used for the procurement of a current or future Department of Defense communications program of records, and the Department may not otherwise procure a current or future communications program of record, unless the communications equipment—”
## Sec. 5201 Energetics plan — added
- (a) Plan required— The Under Secretary of Defense for Research and Engineering shall, in coordination with the technical directors at defense laboratories and such other officials as the Under Secretary considers appropriate, develop an energetics research and development plan to ensure a long-term multi-domain research, development, prototyping, and experimentation effort that—
- (1) maintains United States technological superiority in energetics technology critical to national security;
- (2) efficiently develops new energetics technologies and transitions them into operational use, as appropriate; and
- (3) maintains a robust industrial base and workforce to support Department of Defense requirements for energetic materials.
- (b) Briefing— Not later than one year after the date of the enactment of this Act, the Under Secretary shall brief the congressional defense committees on the plan developed under subsection (a).
## Sec. 5202 Amendments to research project transaction authorities to eliminate cost-sharing requirements and reduce burdens on use — added
- (a) Cooperative agreements for research projects— Section 2371(e) of title 10, United States Code, is amended—
- (1) by striking paragraph (2);
- (2) by striking paragraph (1)(B);
- (3) in paragraph (1)(A), by striking “; and” and inserting a period; and
- (4) by striking “(e) Conditions.—(1) The Secretary of Defense” and all that follows through “(A) to the maximum extent practicable” and inserting “(e) Conditions.—The Secretary of Defense, to the maximum extent practicable”.
- (b) Conforming amendment— Section 2371b(b) of title 10, United States Code, is amended by striking “(b) Exercise of authority.—” and all that follows through “(2) To the maximum extent practicable” and inserting “(b) Exercise of authority.—To the maximum extent practicable”.
## Sec. 5203 Comparative capabilities of adversaries in artificial intelligence — added
- (a) Expansion of duties of official with principal responsibility for coordination of activities relating to development and demonstration of artificial intelligence— Section 238(c)(2)(I) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—
- (1) in clause (i), by striking “; and” and inserting a semicolon;
- (2) in clause (ii), by striking the period at the end and inserting “; and”; and
- (3) by adding at the end the following new clause:
- “(iii) that appropriate entities in the Department are reviewing all open sources publications from both the United States and outside the United States that contribute, impact, or advance artificial intelligence research and development.”
- (b) Analysis of comparative capabilities of China in artificial intelligence— The Secretary of Defense shall provide the congressional defense committees with an analysis and briefing that includes the following:
- (1) A comprehensive and national-level—
- (A) comparison of public and private investment differentiated by sector and industry;
- (B) review of current trends in ability to set and determine global standards and norms for artificial intelligence technology in national security, including efforts in international standard setting bodies;
- (C) assessment of access to artificial intelligence technology in national security; and
- (D) assessment of areas and activities in which the Unites States should invest in order to provide the United States with technical superiority over China in relevant areas of artificial intelligence.
- (2) A comprehensive assessment of relative technical quality of activities in the United States and China.
- (3) A comprehensive assessment of the likelihood that developments in artificial intelligence will successfully transition into military systems of China.
- (4) Predicted effects on United States national security if current trends in China and the United States continue.
- (5) Predicted effects of current trends on digital and technology export relationships of both countries with existing and new trading partners.
- (6) Assessment of the relationships that are critical and in need of development in both private and public sector to ensure investment in artificial intelligence to keep pace with current global trends.
## Sec. 5204 Additional amounts for research, development, test, and evaluation — added
- (a) Additional amount for workforce transformation cyber initiative pilot program— The amount authorized to be appropriated for fiscal year 2020 by section 201 for research, development, test, and evaluation is hereby increased by $25,000,000, with the amount of the increase to be available for Information Systems Security Program (PE 0303140D8Z) for the National Security Agency National Cryptologic School for cybersecurity and artificial intelligence curriculum development and establishment of a pilot program to enable workforce transformation certificate-based courses that are developed through this effort and then offered by Center of Academic Excellence Universities.
- (b) Additional amount for research on advanced digital radar systems— The amount authorized to be appropriated for fiscal year 2020 by section 201 for Navy research, development, test, and evaluation is hereby increased by $5,000,000, with the amount of the increase to be available for University Research Initiatives (PE 0601103N) for continued research on advanced digital radar systems to meet the evolving goals of the Department of Defense to improve threat detection at greater stand-off distances.
- (c) Offset— The amount authorized to be appropriated for fiscal year 2020 by section 1405 for Defense Health Program is hereby decreased by $30,000,000, with the amount of the decrease to be taken from the amount made available for procurement of the Department of Defense Healthcare Management System Modernization.
## Sec. 5205 Briefing on explainable artificial intelligence — added
- (a) Briefing required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the development and applications of explainable artificial intelligence.
- (b) Elements— The briefing required under subsection (a) shall address the following:
- (1) The extent to which the Department of Defense currently uses and prioritizes explainable artificial intelligence.
- (2) The limitations of explainable artificial intelligence and the plans of the Department to address those limitations.
- (3) The future plans of the Department to require explainable artificial intelligence, particularly in technologies that have warfighting applications.
- (4) Any potential roadblocks to the effective deployment of explainable artificial intelligence across the Department.
- (5) Identification and description of programs and activities, including funding and schedule, to develop or procure explainable artificial intelligence to meet defense requirements and technology development goals.
- (6) Such other matters as the Secretary considers appropriate.
- (c) Form of briefing— The briefing required under subsection (a) shall be provided in unclassified form, but may include a classified supplement.
- (d) Definition of explainable artificial intelligence— In this section, the term explainable artificial intelligence means artificial intelligence that has the ability to demonstrate the rationale behind its decisions in order for its human user to comprehend and characterize the strengths and weaknesses of its decisionmaking process, as well as understand how it will behave in the future in the contexts in which it is used.
## Sec. 5206 Administration of centers for manufacturing innovation funded by the Department of Defense — added
- (a) In general— The Secretary of Defense shall make such changes to the administration of covered centers so as—
- (1) to encourage covered centers to leverage existing workforce development programs across the Federal Government and State governments in order to build successful workforce development programs;
- (2) to develop metrics to evaluate the workforce development performed by the covered centers, including metrics on job quality, career pathways, wages and benefits, and efforts to support veterans, and progress in aligning workforce skillsets with the current and long-term needs of the Department of Defense and the defense industrial base;
- (3) to allow metrics to vary between covered centers and be updated and evaluated continuously in order to more accurately evaluate covered centers with different goals and missions;
- (4) to encourage covered centers to consider developing technologies that were previously funded by Federal Government investment for early-stage research and development and expand cross-government coordination and collaboration to achieve this goal;
- (5) to provide an opportunity for increased Department of Defense input and oversight from senior-level military and civilian personnel on future technology roadmaps produced by covered centers;
- (6) to reduce the barriers to collaboration between and among multiple covered centers;
- (7) to use contracting vehicles that can increase flexibility, reduce barriers for contracting with subject-matter experts and small and medium enterprises, enhance partnerships between covered centers, and reduce the time to award contracts at covered centers; and
- (8) to overcome barriers to the adoption of manufacturing processes and technologies developed by the covered centers by the defense and commercial industrial base, particularly small and medium enterprises, by engaging with public and private sector partnerships and appropriate government programs and activities, including the Hollings Manufacturing Extension Partnership.
- (b) Coordination with other activities— The Secretary shall carry out this section in coordination with activities undertaken under—
- (1) the Manufacturing Technology Program established under section 2521 of title 10, United States Code;
- (2) the Manufacturing Engineering Education Program established under section 2196 of such title;
- (3) the Defense Manufacturing Community Support Program established under section 846 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232);
- (4) manufacturing initiatives of the Secretary of Commerce, the head of the National Office of the Network for Manufacturing Innovation Program, the Secretary of Energy, and such other government and private sector organizations as the Secretary of Defense considers appropriate; and
- (5) such other activities as the Secretary considers appropriate.
- (c) Definition of covered center— In this section, the term covered center means a manufacturing innovation institute that is funded by the Department of Defense.
## Sec. 5207 Commercial edge computing technologies and best practices for Department of Defense warfighting systems — added
- (a) Report required— Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on commercial edge computing technologies and best practices for Department of Defense warfighting systems.
- (b) Contents— The report submitted under subsection (a) shall include the following:
- (1) Identification of initial warfighting system programs of record that will benefit most from accelerated insertion of commercial edge computing technologies and best practices, resulting in significant near-term improvement in system performance and mission capability.
- (2) The plan of the Department of Defense to provide additional funding for the systems identified in paragraph (1) to achieve fielding of accelerated commercial edge computing technologies before or during fiscal year 2021.
- (3) The plan of the Department to identify, manage, and provide additional funding for commercial edge computing technologies more broadly over the next four fiscal years where appropriate for—
- (A) command, control, communications, and intelligence systems;
- (B) logistics systems; and
- (C) other mission-critical systems.
- (4) A detailed description of the policies, procedures, budgets, and accelerated acquisition and contracting mechanisms of the Department for near-term insertion of commercial edge computing technologies and best practices into military mission-critical systems.
## Sec. 5211 Development and acquisition strategy to procure secure, low probability of detection data link network capability — added
- The text of subsection (c) of section 211 is hereby deemed to read as follows:
- “(c) Limitation—Of the funds authorized to be appropriated by this Act for fiscal year 2020 for operation and maintenance for the Office of the Secretary of the Air Force and for operation and maintenance for the Office of the Secretary of the Navy, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Chief of Staff of the Air Force and the Chief of Naval Operations, respectively, submit the development and acquisition strategy required by subsection (a).”
## Sec. 5213 Limitation and report on Indirect Fire Protection Capability Increment 2 enduring capability — added
- The text of subsection (a) of section 213 preceding paragraph (1) is hereby deemed to read as follows:
- “(a) Limitation and report—None of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Army may be obligated or expended for research, development, test, or evaluation for the Indirect Fire Protection Capability Increment 2 enduring capability, and the Department may not otherwise engage in the research, development, test, or evaluation on such capability, until the Secretary of the Army submits to the congressional defense committees a report on the Indirect Fire Protection Capability Increment 2 program that contains the following:”
## Sec. 5301 Life cycle sustainment annual report for major weapon systems of the Department of Defense — added
- (a) In general— The Secretary of Defense shall provide the congressional defense committees with an annual report for the life cycle sustainment of each major weapon system as defined in (b).
- (b) The Secretary of Defense shall ensure the report described in subsection (a)—
- (1) identifies a goal for material availability, material reliability, and mean down time metrics for each weapons system and includes an explanation of factors that may preclude the Secretary of the military department concerned from meeting that goal; and
- (2) reflects the period covered by the future-years defense program specified by section 221 of title 10, United States Code, with respect to the budget for which the budget exhibit is prepared.
- (c) To be submitted by February 1st of each year.
## Sec. 5302 Sense of Senate on prioritizing survivable logistics for the Department of Defense — added
- It is the sense of the Senate that—
- (1) resilient and agile logistics are necessary to implement the 2018 National Defense Strategy because it enables the United States to project power and sustain the fight against its strategic competitors in peacetime and during war;
- (2) the joint logistics enterprise of the Armed Forces of the United States faces high-end threats from strategic competitors China, Russia, and Iran, all of whom have invested in anti-access area denial capabilities and gray zone tactics;
- (3) there are significant logistics shortfalls, as outlined in the November 2018 final report of the Defense Science Board (DSB) Task Force on Survivable Logistics, which, if left unaddressed, would hamper the readiness and ability of the Armed Forces of the United States to conduct operations globally;
- (4) since the military departments have not shown a strong commitment to funding logistics, the Secretary of Defense should review the full list of recommendations listed in the report described in paragraph (3) and address the chronic underfunding of logistics relative to other priorities of the Department of Defense.
## Sec. 5303 Plan on sustainment of Rough Terrain Container Handler fleets — added
- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall—
- (1) jointly develop plans for sustainment of their respective RT240 Rough Terrain Container Handler (RTCH) fleets to ensure operational capability of such fleets into the 2030s;
- (2) assess available modernization capabilities to enhance joint deployment of such fleets; and
- (3) provide a joint briefing to the Committees on Armed Services of the Senate and the House of Representatives on the readiness of such fleets.
## Sec. 5304 Requirement to include foreign language proficiency in readiness reporting systems of Department of Defense — added
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of each military department shall include in the Global Readiness and Force Management Enterprise, for the appropriate billets with relevant foreign language requirements, measures of foreign language proficiency as a mandatory element of unit readiness reporting, to include the Defense Readiness Reporting Systems-Strategic (DRRS–S) and all other subordinate systems that report readiness data.
## Sec. 5305 Monitoring of noise from flights and training of EA–18G Growlers associated with Naval Air Station Whidbey Island — added
- (a) Monitoring—
- (1) In general— The Secretary of Defense shall provide for real-time monitoring of noise from local flights of EA–18G Growlers associated with Naval Air Station Whidbey Island, including field carrier landing practice at Naval Outlying Field (OLF) Coupeville and Ault Field.
- (2) Public availability— The Secretary shall publish the results of monitoring conducted under paragraph (1) on a publicly available Internet website of the Department of Defense.
- (3) Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of monitoring conducted under paragraph (1) and the results of such monitoring.
- (b) Plan for additional monitoring—
- (1) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for real-time monitoring described in subsection (a)(1) of noise relating to field carrier landing practice conducted above or adjacent to Olympic National Park, Olympic National Forest, and Ebey's Landing National Historical Reserve.
- (2) Development of plan— The Secretary shall work with the Director of the National Park Service and the Chief of the Forest Service in developing the plan under paragraph (1).
- (c) Funding—
- (1) In general— The amount authorized to be appropriated by this Act for Navy Operation and Maintenance is hereby increased by $1,000,000 and the amount of such increase shall be made available to carry out this section.
- (2) Offset— The amount authorized to be appropriated by this Act for Marine Corps Operation and Maintenance for SAG 4A4G is hereby reduced by $1,000,000.
## Sec. 5306 Sense of Congress on restoration of Tyndall Air Force Base — added
- It is the sense of Congress that the Secretary of the Air Force should—
- (1) restore Tyndall Air Force Base to achieve military installation resilience, as defined in section 101(e)(8) of title 10, United States Code; and
- (2) use innovative construction methods, materials, designs, and technologies in carrying out such restoration in order to achieve efficiencies, cost savings, resiliency, and capability, which may include—
- (A) open architecture design to evolve with the national defense strategy; and
- (B) efficient ergonomic enterprise for members of the Air Force in the 21st century.
## Sec. 5318 Cooperative agreements with States to address contamination by perfluoralkyl and polyflruoroalkyl substances — added
- The text of section 318(a) is hereby deemed to include at the end the following:
- “(3) Other authority—In addition to the requirements under paragraph (1), when otherwise authorized to expend funds for the purpose of addressing ground or surface water contaminated by a perfluorinated compound, the Secretary of Defense may, to expend those funds, enter into a grant agreement, cooperative agreement, or contract with—
- “(A) the local water authority with jurisdiction over the contamination site, including—
- “(i) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); and
- “(ii) a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); or
- “(B) a State, local, or Tribal government.”
## Sec. 5352 Limitation on use of funds regarding the basing of KC–46A aircraft outside the continental United States — added
- The text of subsection (b) of section 352 is hereby deemed to read as follows:
- “(b) Limitation on use of funds—Not more than 85 percent of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Air Force for operation and maintenance for the Management Headquarters Program (Program Element 92398F) may be obligated or expended until the Secretary of the Air Force submits the report required by subsection (a) unless the Secretary certifies to Congress that the use of additional funds is mission essential.”
## Sec. 5401 Modification of authorized strength of Air Force Reserve serving on full-time reserve component duty for administration of the reserves or the National Guard — added
- (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:
- (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.
## Sec. 5501 Annual State report card — added
- Section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is amended by striking “on active duty (as defined in section 101(d)(5) of such title)”.
## Sec. 5502 Information and opportunities for registration for voting and absentee ballot requests for members of the Armed Forces undergoing deployment overseas — added
- (a) In general— Not later than 45 days prior to a general election for Federal office, a member of the Armed Forces shall be provided with the following:
- (1) A Federal write-in absentee ballot prescribed pursuant to section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20303), together with instructions on the appropriate use of the ballot with respect to the State in which the member is registered to vote.
- (2) In the case of a member intending to vote in a State that does not accept the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections, a briefing on, and an opportunity to fill out, the official post card form for absentee voter registration application and absentee ballot application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(b)(2)).
- (b) Personnel responsible of discharge— Ballots and instructions pursuant to paragraph (1) of subsection (a), and briefings and forms pursuant to paragraph (2) of such subsection, shall be provided by Voting Assistance Officers or such other personnel as the Secretary of the military department concerned shall designate.
- (c) Sense of Congress relating to the use of the Federal write-in absentee ballot—
- (1) Findings— Congress makes the following findings:
- (A) Servicemembers serving abroad are subject to disproportionate challenges in voting.
- (B) As of May, 2019, only 28 States allow servicemembers to use the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections.
- (2) Sense of Congress— It is the sense of Congress that—
- (A) Federal and State governments should remove all obstacles that would inhibit deployed servicemembers from voting; and
- (B) States that do not allow servicemembers to use the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections should modify their laws to permit such use.
## Sec. 5503 Study on two-way military ballot barcode tracking — added
- (a) Study— The Director of the Federal Voting Assistance Program of the Department of Defense shall conduct a study on the feasibility of a pilot program providing full ballot tracking of overseas military absentee ballots through the mail stream in a manner that is similar to the 2016 Military Ballot Tracking Pilot Program conducted by the Federal Voting Assistance Program.
- (b) Report— Not later than 1 year after the date of the enactment of this Act, the Director of the Federal Voting Assistance Program shall submit to Congress a report on the results of the study conducted under subsection (a). Such report shall include—
- (1) an estimate of the costs and requirements needed to conduct the pilot program described in subsection (a);
- (2) a description of organizations that would provide substantial support for such a pilot program; and
- (3) a time line for the phased implementation of the pilot program to all military personnel actively serving overseas.
## Sec. 5504 Sense of Senate on the honorable and distinguished service of General Joseph F. Dunford, United States Marine Corps, to the United States — added
- (a) Findings— The Senate makes the following findings:
- (1) General Joseph F. Dunford was commissioned as a second lieutenant in the United States Marine Corps in 1977.
- (2) Since 1977, General Dunford has served as an infantry officer at all levels and has held numerous leadership roles, including Commander of the 5th Marine Regiment during Operation IRAQI FREEDOM, Commander of the International Security Assistance Force and United States Forces-Afghanistan, and Commander, Marine Forces United States Central Command.
- (3) General Dunford served as the 32nd Assistant Commandant of the Marine Corps from October 23, 2010, to December 15, 2012.
- (4) General Dunford subsequently served as the 36th Commandant of the Marine Corps from October 17, 2014, to September 24, 2015.
- (5) General Dunford became the highest-ranking military officer in the United States when he was appointed as the 19th Chairman of the Joint Chiefs of Staff on October 1, 2015.
- (6) General Dunford is only the second United States Marine to hold the position of Chairman of the Joint Chiefs of Staff.
- (7) During his nearly four years as Chairman of the Joint Chiefs of Staff, General Dunford effectively and honorably executed the duties of the office to the highest degree.
- (8) General Dunford has an extensive record of impeccable service to the United States.
- (b) Sense of Senate— It is the sense of the Senate that—
- (1) the United States deeply appreciates the decades of honorable service of General Joseph F. Dunford; and
- (2) the indispensable leadership of General Dunford and his dedication to the men and women of the Armed Forces demonstrates the finest example of service to the United States.
## Sec. 5505 Participation of other Federal agencies in the SkillBridge apprenticeship and internship program for members of the Armed Forces — added
- Section 1143(e) of title 10, United States Code, is amended—
- (1) by redesignating paragraph (3) as paragraph (4); and
- (2) by inserting after paragraph (2) the following new paragraph (3):
- “(3) Any program under this subsection may be carried out at, through, or in consultation with such other departments or agencies of the Federal Government as the Secretary of the military department concerned considers appropriate.”
## Sec. 5506 Personnel tempo of the Armed Forces and the United States Special Operations Command during periods of inapplicability of high-deployment limitations — added
- (a) In general— Section 991(d) of title 10, United States Code, is amended—
- (1) by inserting “(1)” before “The Secretary”; and
- (2) by adding at the end the following new paragraph:
- “(2)
- “(A) Whenever a waiver is in effect under paragraph (1), the member or group of members covered by the waiver shall be subject to specific and measurable deployment thresholds established and maintained for purposes of this subsection.
- “(B) Thresholds under this paragraph may be applicable—
- “(i) uniformly, Department of Defense-wide; or
- “(ii) separately, with respect to each armed force and the United States Special Operations Command.
- “(C) If thresholds under this paragraph are applicable Department-wide, such thresholds shall be established and maintained by the Under Secretary of Defense for Personnel and Readiness. If such thresholds are applicable only to a separate armed force or the Under States Special Operations Command, such thresholds shall be established and maintained by the Secretary of the Army, the Secretary of the Navy (other than with respect to the Marine Corps), the Secretary of the Air Force, the Commandant of the Marine Corps (with respect to the Marine Corps), and the Commander of the United States Special Operations Command, as applicable.
- “(D) In undertaking recordkeeping for purposes of subsection (c), the Under Secretary shall, in conjunction with the other officials and officers referred to in subparagraph (C), collect complete and reliable personnel tempo data of members described in subparagraph (A) in order to ensure that the Department, the armed forces, and the United States Special Operations Command fully and completely monitor personnel tempo under a waiver under paragraph (1) and its impact on the armed forces.”
- (b) Deadline for implementation— Paragraph (2) of section 991(d) of title 10, United States Code, as added by subsection (a), shall be fully implemented by not later than March 1, 2020.
## Sec. 5507 Report and briefing on the Senior Reserve Officers' Training Corps — added
- (a) Report on various expansions of the Corps— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following:
- (1) An assessment of the feasibility and advisability of distance learning programs for the Senior Reserve Officers' Training Corps for students at educational institutions who reside outside the viable range for a cross-town program.
- (2) An assessment of the feasibility and advisability of expanding the eligibility of institutions authorized to maintain a unit of the Senior Reserve Officers' Training Corps to include community colleges.
- (b) Briefing on long-term effects on the Corps of the operation of certain recent prohibitions—
- (1) Briefing required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the effects of the prohibitions in section 8032 of the Department of Defense Appropriations Act, 2019 (division A of Public Law 115–245) on the long-term viability of the Senior Reserve Officers' Training Corps (SROTC).
- (2) Elements— The matters addressed by the briefing under paragraph (1) shall include an assessment of The effects of the prohibitions described in paragraph (1) on the following:
- (A) Readiness.
- (B) The efficient manning and administration of Senior Reserve Officers' Training Corps units.
- (C) The ability of the Armed Forces to commission on a yearly basis the number and quality of new officers they need and that are representative of the nation as a whole .
- (D) The availability of Senior Reserve Officers' Training Corps scholarships in rural areas.
- (E) Whether the Senior Reserve Officers' Training Corps program produces officers representative of the demographic and geographic diversity of the United States, especially with respect to urban areas, and whether restrictions on establishing or disestablishing units of the Corps affects the diversity of the officer corps of the Armed Forces.
## Sec. 5508 Report on suicide prevention programs and activities for members of the Armed Forces and their families — added
- (a) Report required— Not later than 240 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the programs and activities of the Department of Defense and the Armed Forces for the prevention of suicide among members of the Armed Forces (including the reserve components) and their families.
- (b) Elements— The report required by subsection (a) shall include the following:
- (1) A description of the current programs and activities of the Department and the Armed Forces for the prevention of suicide among members of the Armed Forces and their families.
- (2) An assessment whether the programs and activities described pursuant to paragraph (1)—
- (A) are evidence-based and incorporate best practices identified in peer-reviewed medical literature;
- (B) are appropriately resourced; and
- (C) deliver outcomes that are appropriate relative to peer activities and programs (including those undertaken in the civilian community and in military forces of other countries).
- (3) A description and assessment of any impediments to the effectiveness of such programs and activities.
- (4) Such recommendations as the Comptroller General considers appropriate for improvements to such programs and activities.
- (5) Such recommendations as the Comptroller General considers appropriate for additional programs and activities for the prevention of suicide among members of the Armed Forces and their families.
## Sec. 5509 Sense of Congress on local performance of military accession physicals — added
- (a) Findings— Congress makes the following findings:
- (1) The United States Military Entrance Processing Command (USMEPCOM) consists of 65 Military Entrance Processing Stations (MEPS) dispersed throughout the contiguous United States, Alaska, Hawaii, and Puerto Rico.
- (2) Applicants who must travel to the closest Processing Station are often driven by their military recruiter and receive free lodging at a nearby hotel paid by the Armed Force concerned.
- (3) In fiscal year 2015, the United States Military Entrance Processing Command processed 473,000 applicants at its Processing Stations, with an aggregate total of 931,000 applicant visits to such Processing Stations in that fiscal year.
- (b) Sense of Congress— It is the sense of Congress that—
- (1) permitting military accession physicals in local communities would allow recruiters to focus on their core recruiting mission; and
- (2) the conduct of military accession physicals in local communities would permit the United States Military Entrance Processing Command to reduce costly and inefficient return visits by applicants to Military Entrance Processing Stations and increase efficiency in its processing times.
## Sec. 5510 Permanent authority to defer past age 64 the retirement of chaplains in general and flag officer grades — added
- Section 1253(c) of title 10, United States Code, is amended by striking paragraph (3).
## Sec. 5546 Boards for Correction of Military Records and Discharge Review Board matters — added
- Part III of subtitle D of title V, and the amendments made by that part, shall have no force or effect.
## Sec. 5585 Authorization for award of the Medal of Honor to John J. Duffy for acts of valor in Vietnam — added
- Section 585 shall have no force or effect.
## Sec. 5587 Authority to award or present a decoration not previously recommended in a timely fashion following a review requested by Congress — added
- Section 587, and the amendments made by that section, shall have no force or effect.
## Sec. 5601 Inclusion of certain veterans on temporary disability or permanent disabled retirement lists in military adaptive sports programs — added
- (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:
- “2564a. Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans”
- (2) Table of section— The table of sections at the beginning of chapter 152 of such title is amended by striking the item relating to section 2564a and inserting the following new item:
## Sec. 5602 Report on extension to members of the reserve components of the Armed Forces of special and incentive pays for members of the Armed Forces not currently payable to members of the reserve components — added
- (a) Report required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of a study, conducted by the Secretary for purposes of the report, on the feasability and advisability of paying eligible members of the reserve components of the Armed Forces any special or incentive pay for members of the Armed Forces that is not currently payable to members of the reserve components.
- (b) Elements— The report required by subsection (a) shall set forth the following:
- (1) An estimate of the yearly cost of paying members of the reserve components risk pay and flight pay under sections 334, 334a, and 351 of title 37, United States Code, at the same rate as members on active duty, regardless of number of periods of instruction or appropriate duty participated in, so long as there is at least one such period of instruction or appropriate duty in the month.
- (2) A statement of the number of members of the reserve components who qualify or potentially qualify for hazardous duty incentive pay based on current professions or required duties, broken out by hazardous duty categories set forth in section 351 of title 37, United States Code.
- (3) If the Secretary determines that payment to eligible members of the reserve components of any special or incentive pay for members of the Armed Forces that is not currently payable to members of the reserve components is feasible and advisable, such recommendations as the Secretary considers appropriate for legislative or administrative action to authorize such payment.
## Sec. 5642 Treatment of fees of service provided as supplemental funds for commissary operations — added
- Section 642, and the amendment made by that section, shall have no force or effect.
## Sec. 5701 Contraceptive parity under the TRICARE program — added
- The text of subsection (c) of section 701 is hereby deemed to read as follows:
- “(c) Effective date—The amendments made by this section shall take effect on January 1, 2030.”
## Sec. 5702 Exposure to open burn pits and toxic airborne chemicals as part of periodic health assessments and other physical examinations — added
- (a) Periodic health assessment— The Secretary of Defense shall ensure that any periodic health assessment provided to members of the Armed Forces includes an evaluation of whether the member has been—
- (1) based or stationed at a location where an open burn pit was used; or
- (2) exposed to toxic airborne chemicals, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.
- (b) Separation history and physical examinations— Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
- “(C) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—
- “(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or
- “(ii) exposed to toxic airborne chemicals, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.”
- (c) Deployment assessments— Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
- “(D) An assessment of whether the member was—
- “(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or
- “(ii) exposed to toxic airborne chemicals, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.”
- (d) Sharing of information—
- (1) DOD–VA— The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to toxic airborne chemicals.
- (2) Registry— If a covered evaluation of a member of the Armed Forces establishes that the member was based or stationed at a location where an open burn pit was used, or the member was exposed to toxic airborne chemicals, the member shall be enrolled in the Airborne Hazards and Open Burn Pit Registry, unless the member elects to not so enroll.
- (e) Rule of construction— Nothing in this section may be construed to preclude eligibility for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the open burn pit exposure history of a veteran not being recorded in a covered evaluation.
- (f) Definitions— In this section:
- (1) The term Airborne Hazards and Open Burn Pit Registry means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
- (2) The term covered evaluation means—
- (A) a periodic health assessment conducted in accordance with subsection (a);
- (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by this section; and
- (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by this section.
- (3) The term open burn pit has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
## Sec. 5703 Preservation of resources of the Army Medical Research and Materiel Command and treatment of realignment of such command — added
- (a) In general— The Secretary of Defense shall preserve the resources of the Army Medical Research and Materiel Command for use by such command, which shall include manpower and funding, as such command realigns with the Army Futures Command in 2019 and the Defense Health Agency in 2020.
- (b) Transfer of funds— Upon completion of the realignment described in subsection (a), all amounts available for the Army Medical Research and Materiel Command, at the baseline for such amounts for fiscal year 2019, shall be transferred from accounts for research, development, test, and evaluation for the Army to accounts for the Defense Health Program.
- (c) Continuation as Center of Excellence— After completion of the realignment described in subsection (a), the Army Medical Research and Materiel Command and Fort Detrick shall continue to serve as a Center of Excellence for Joint Biomedical Research, Development and Acquisition Management for efforts undertaken under the Defense Health Program.
## Sec. 5801 Report on contracts with entities affiliated with the Government of the People's Republic of China or the Chinese Communist Party — added
- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing all Department of Defense contracts with companies or business entities that are owned or operated by, or affiliated with, the Government of the People's Republic of China or the Chinese Communist Party.
## Sec. 5802 Documentation of market research related to commercial item determinations — added
- Section 3307(d) of title 41, United States Code, is amended by adding at the end the following new paragraph:
- “(4) Agencies shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.”
## Sec. 5803 Analysis of alternatives pursuant to materiel development decisions — added
- (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.
## Sec. 5901 Institutionalization within Department of Defense of responsibilities and authorities of the Chief Management Officer — added
- (a) Manner of direction of business-related activities of military departments— The Secretary of Defense shall determine the manner in which the Chief Management Officer directs the business-related activities of the military departments.
- (b) Responsibility for Defense Agencies and Field Activities— The Secretary shall determine the responsibilities and authorities, if any, of the Chief Management Officer for the Defense Agencies and the Department of Defense Field Activities, including a determination as to the following:
- (1) Whether one or more additional Defense Agencies, Department of Defense Field Activities, or both should provide shared business services.
- (2) Which Defense Agencies, Department of Defense Field Activities, or both should be required to submit their proposed budgets for enterprise business operations to the Chief Management Officer for review.
- (c) Assignment of responsibilities and authorities— The Secretary shall, in light of determinations under subsections (a) and (b), assign the responsibilities and authorities of the Chief Management Officer (whether specified in statute or otherwise), and the manner of the discharge of such responsibilities and authorities, applicable Department-wide, as appropriate.
- (d) Plan of action required— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan, including a timeline, for carrying out the requirements of this section.
## Sec. 5902 Allocation of former responsibilities of the Under Secretary of Defense for Acquisition, Technology, and Logistics — added
- (a) Title 10, United States Code— Title 10, United States Code, is amended as follows:
- (1) In section 129a(c)(3), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
- (2) In section 134(c), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment”.
- (3) In section 139—
- (A) in subsection (b)—
- (i) in the matter preceding paragraph (1), by striking “and the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment”; and
- (ii) in paragraph (2), by striking “and the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “, the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,”;
- (B) in subsection (c), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,”; and
- (C) in subsection (h)(2), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment”.
- (4) In section 139a(d)(6), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,”.
- (5) In section 171(a)—
- (A) by striking paragraphs (3) and (8);
- (B) by redesignating paragraphs (4), (5), (6), (7), (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (11), (12), (13), (14), and(15), respectively;
- (C) by inserting after paragraph (2) the following new paragraphs:
- “(3) the Under Secretary of Defense for Research and Engineering;
- “(4) the Under Secretary of Defense of Acquisition and Sustainment;”
- (D) by inserting after paragraph (8), as redesignated by subparagraph (B), the following new paragraphs:
- “(9) the Deputy Under Secretary of Defense for Research and Engineering;
- “(10) the Deputy Under Secretary of Defense for Acquisition and Sustainment;”
- (6) In section 181(d)(1)—
- (A) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively;
- (B) by striking subparagraph (C); and
- (C) by inserting after subparagraph (B) the following new subparagraphs:
- “(C) The Under Secretary of Defense for Research and Engineering.
- “(D) The Under Secretary of Defense for Acquisition and Sustainment.”
- (7) In section 393(b)(2)—
- (A) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively;
- (B) by striking subparagraph (B); and
- (C) by inserting after subparagraph (A) the following new subparagraphs:
- “(B) The Under Secretary of Defense for Research and Engineering.
- “(C) The Under Secretary of Defense for Acquisition and Sustainment.”
- (8)
- (A) In section 1702—
- (i) by striking the heading and inserting the following:
- “1702. Under Secretary of Defense for Acquisition and Sustainment: authorities and responsibilities”
- (ii) in the text, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (B) The table of sections at the beginning of subchapter I of chapter 87 is amended by striking the item relating to section 1702 and inserting the following new item:
- (9) In section 1705, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
- (10) In section 1722, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (11) In section 1722a, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (12) In section 1722b(a), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (13) In section 1723, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (14) In section 1725(e)(2), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (15) In section 1735(c)(1), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (16) In section 1737(c), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (17) In section 1741(b), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
- (18) In section 1746(a), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (19) In section 1748, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (20) In section 2222, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
- (21) In section 2272, by striking “the Assistant Secretary of Defense for Research and Engineering” and inserting “the Under Secretary of Defense for Research and Engineering”.
- (22) In section 2275(a), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
- (23) In section 2279(d), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (24) In section 2279b—
- (A) in subsection (b)—
- (i) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively;
- (ii) by striking paragraph (2); and
- (iii) by inserting after paragraph (1) the following new paragraphs:
- “(2) The Under Secretary of Defense for Research and Engineering.
- “(3) The Under Secretary of Defense for Acquisition and Sustainment.”
- (B) in subsection (c) by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,”
- (25) In section 2304, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (26) In section 2306b(i)(7), by striking “of Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “of Under Secretary of Defense for Acquisition and Sustainment”.
- (27) In section 2311(c), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (28) In section 2326(g), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (29) In section 2330, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
- (30) In section 2334, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
- (31) In section 2350a(b)(2), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Assistant Secretary of Defense for Research and Engineering” and inserting “the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment”.
- (32) In section 2359(b), by striking paragraph (1) and inserting the following new paragraph (1):
- “(1) The Under Secretary of Defense for Research and Engineering.”
- (33) In section 2359b, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Research and Engineering”.
- (34) In section 2365(d)(3)(A), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering”.
- (35) In section 2375, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (36) In section 2399(b)(3)—
- (A) by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment”; and
- (B) by striking “and Under Secretary” and inserting “and the Under Secretaries”.
- (37) In section 2419(a)(1), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
- (38) In section 2431a(b), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (39) In section 2435, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (40) In section 2438(b), by striking “the Under Secretary of Defense for Acquisition, Technology and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (41) In section 2503(b)—
- (A) by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment”; and
- (B) by striking “the Under Secretary shall” and inserting “the Under Secretaries shall”.
- (42) In section 2508(b), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics, acting through the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (43) In section 2521, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Research and Engineering”.
- (44) In section 2533b(k)(2)(A), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (45) In section 2546—
- (A) in the heading of subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
- (B) by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (46) In section 2548, by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (47) In section 2902(b)—
- (A) by striking paragraph (1) and inserting the following new paragraph (1):
- “(1) The official within the Office of the Under Secretary of Defense for Research and Engineering who is responsible for science and technology.”
- (B) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;
- (C) by striking paragraph (3); and
- (D) by inserting after paragraph (2) the following new paragraphs:
- “(3) The official within the Office of the Under Secretary of Defense for Research and Engineering who is responsible for environmental security.
- “(4) The official within the Office of the Under Secretary of Defense for Acquisition and Sustainment who is responsible for environmental security.”
- (48) In section 2926(e)(5)(D), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (b) National Defense Authorization Acts—
- (1) Public Law 115–232— Section 338 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1728) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (2) Public Law 115–91— Section 136(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1317) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (3) Public Law 114–328— The National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended as follows:
- (A) In section 829(b) (10 U.S.C. 2306 note), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (B) In section 874(b)(1) (10 U.S.C. 2375 note), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (C) In section 875 (10 U.S.C. 2305 note)—
- (i) in subsections (b), (c), (e), and (f), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
- (ii) in subsection (d), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Research and Engineering”.
- (D) In section 898(a)(2)(A) (10 U.S.C. 2302 note), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (E) In section 1652(a) (130 Stat. 2609), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering”.
- (F) In section 1689(d) (130 Stat. 2631), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering”.
- (4) Public Law 114–92— The National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) is amended as follows:
- (A) In section 131 (129 Stat. 754), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (B) In section 856(a)(2)(B) (10 U.S.C. 2377 note), by striking “the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Office of the Under Secretary of Defense for Acquisition and Sustainment”.
- (C) In section 1111(b)(1) (10 U.S.C. 1701 note), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (D) In section 1675(a) (129 Stat. 1131), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Research and Engineering”.
- (5) Public Law 113–291— Section 852 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
- (6) Public law 112–239— Section 157(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public law 112–239; 126 Stat. 1668) is amended by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
- (7) Public Law 112–81— The National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended as follows:
- (A) In section 144 (125 Stat. 1325)—
- (i) in subsection (a), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”; and
- (ii) in subsection (b)(4), by striking “the Assistant Secretary of Defense for Research and Engineering” and inserting “the Under Secretary of Defense for Research and Engineering”.
- (B) In section 836(a)(2) (22 U.S.C. 2767 note), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering,” and inserting “the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,”.
- (C) In section 838(2)(B) (125 Stat. 1509), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (8) Public Law 111–383— Section 882(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2222 note) is amended by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
- (9) Public law 110–417— Section 814 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4528) is amended—
- (A) in subsection (b)(2)—
- (i) by redesignating subparagraphs (B) through (H) as subparagraphs (C) through (I), respectively;
- (ii) by striking subparagraph (A); and
- (iii) by inserting before subparagraph (C), as redesignated by clause (i), the following new subparagraphs:
- “(A) The Office of the Under Secretary of Defense for Research and Engineering.
- “(B) The Office of the Under Secretary of Defense for Acquisition and Sustainment.”
- (B) in subsection (c)(5), in the flush matter following subparagraph (B), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees, and includes” and inserting “the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment jointly certify to the congressional defense committees, and include”.
- (10) Public Law 110–181— The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended as follows:
- (A) In section 231(a) (10 U.S.C. 1701 note), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (B) In section 802(a)(3)(C) (10 U.S.C. 2410p note), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (C) In section 821(a) (10 U.S.C. 2304 note), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
- (D) In section 2864 (10 U.S.C. 2911 note), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”.
- (c) Recommendations for legislative action— Not later than 14 days after the President submits to Congress the budget for fiscal year 2021 pursuant to section 1105 of title 31, United States Code, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees such recommendations for legislative action as the Under Secretary considers appropriate to implement the recommendations of the report required by section 901 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1920).
## Sec. 6001 Utilizing significant emissions with innovative technologies — added
- (a) Short title— This section may be cited as the “Utilizing Significant Emissions with Innovative Technologies Act” or the “USE IT Act”.
- (b) Research, investigation, training, and other activities— Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended—
- (1) in subsection (c)(3), in the first sentence of the matter preceding subparagraph (A), by striking “percursors” and inserting “precursors”; and
- (2) in subsection (g)—
- (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;
- (B) in the undesignated matter following subparagraph (D) (as so redesignated)—
- (i) in the second sentence, by striking “The Administrator” and inserting the following:
- “(5) Coordination and avoidance of duplication—The Administrator”
- (ii) in the first sentence, by striking “Nothing” and inserting the following:
- “(4) Effect of subsection—Nothing”
- (C) in the matter preceding subparagraph (A) (as so redesignated)—
- (i) in the third sentence, by striking “Such program” and inserting the following:
- “(3) Program inclusions—The program under this subsection”
- (ii) in the second sentence—
- (I) by inserting “States, institutions of higher education,” after “scientists,”; and
- (II) by striking “Such strategies and technologies shall be developed” and inserting the following:
- “(2) Participation requirement—Such strategies and technologies described in paragraph (1) shall be developed”
- (iii) in the first sentence, by striking “In carrying out” and inserting the following:
- “(1) In general—In carrying out”
- (D) by adding at the end the following:
- “(6) Certain carbon dioxide activities
- “(A) In general—In carrying out paragraph (3)(A) with respect to carbon dioxide, the Administrator shall carry out the activities described in each of subparagraphs (B), (C), (D), and (E).
- “(B) Direct air capture research
- “(i) Definitions—In this subparagraph:
- “(I) Board—The term Board means the Direct Air Capture Technology Advisory Board established by clause (iii)(I).
- “(II) Dilute—The term dilute means a concentration of less than 1 percent by volume.
- “(III) Direct air capture
- “(aa) In general—The term direct air capture, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
- “(bb) Exclusion—The term direct air capture does not include any facility, technology, or system that captures carbon dioxide—
- “(AA) that is deliberately released from a naturally occurring subsurface spring; or
- “(BB) using natural photosynthesis.
- “(IV) Intellectual property—The term intellectual property means—
- “(aa) an invention that is patentable under title 35, United States Code; and
- “(bb) any patent on an invention described in item (aa).
- “(ii) Technology prizes
- “(I) In general—Not later than 1 year after the date of enactment of the USE IT Act, the Administrator, in consultation with the Secretary of Energy, shall establish a program to provide, and shall provide, financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute.
- “(II) Duties—In carrying out this clause, the Administrator shall—
- “(aa) subject to subclause (III), develop specific requirements for—
- “(AA) the competition process; and
- “(BB) the demonstration of performance of approved projects;
- “(bb) offer financial awards for a project designed—
- “(AA) to the maximum extent practicable, to capture more than 10,000 tons of carbon dioxide per year; and
- “(BB) to operate in a manner that would be commercially viable in the foreseeable future (as determined by the Board); and
- “(cc) to the maximum extent practicable, make financial awards to geographically diverse projects, including at least—
- “(AA) 1 project in a coastal State; and
- “(BB) 1 project in a rural State.
- “(III) Public participation—In carrying out subclause (II)(aa), the Administrator shall—
- “(aa) provide notice of and, for a period of not less than 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in subclause (II)(aa); and
- “(bb) take into account public comments received in developing the final version of those requirements.
- “(iii) Direct air capture technology advisory board
- “(I) Establishment—There is established an advisory board to be known as the “Direct Air Capture Technology Advisory Board”.
- “(II) Composition—The Board shall be composed of 9 members appointed by the Administrator, who shall provide expertise in—
- “(aa) climate science;
- “(bb) physics;
- “(cc) chemistry;
- “(dd) biology;
- “(ee) engineering;
- “(ff) economics;
- “(gg) business management; and
- “(hh) such other disciplines as the Administrator determines to be necessary to achieve the purposes of this subparagraph.
- “(III) Term; vacancies
- “(aa) Term—A member of the Board shall serve for a term of 6 years.
- “(bb) Vacancies—A vacancy on the Board—
- “(AA) shall not affect the powers of the Board; and
- “(BB) shall be filled in the same manner as the original appointment was made.
- “(IV) Initial meeting—Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board.
- “(V) Meetings—The Board shall meet at the call of the Chairperson or on the request of the Administrator.
- “(VI) Quorum—A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings.
- “(VII) Chairperson and vice chairperson—The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.
- “(VIII) Compensation—Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Board.
- “(IX) Duties—The Board shall advise the Administrator on carrying out the duties of the Administrator under this subparagraph.
- “(X) FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.
- “(iv) Intellectual property
- “(I) In general—As a condition of receiving a financial award under this subparagraph, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States.
- “(II) Reservation of license—The United States—
- “(aa) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subclause (I); but
- “(bb) shall not, in the exercise of a license reserved under item (aa), publicly disclose proprietary information relating to the license.
- “(III) Transfer of title—Title to any intellectual property described in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property.
- “(v) Authorization of appropriations
- “(I) In general—Of the amounts authorized to be appropriated for the Environmental Protection Agency, $35,000,000 shall be available to carry out this subparagraph, to remain available until expended.
- “(II) Requirement—Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.
- “(vi) Termination of authority—The Board and all authority provided under this subparagraph shall terminate not later than 10 years after the date of enactment of the USE IT Act.
- “(C) Carbon dioxide utilization research
- “(i) Definition of carbon dioxide utilization—In this subparagraph, the term carbon dioxide utilization refers to technologies or approaches that lead to the use of carbon dioxide—
- “(I) through the fixation of carbon dioxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria;
- “(II) through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored; or
- “(III) through the use of carbon dioxide for any other purpose for which a commercial market exists, as determined by the Administrator.
- “(ii) Program—The Administrator, in consultation with the Secretary of Energy, shall carry out a research and development program for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide generated by industrial processes into a product of commercial value, or as an input to products of commercial value.
- “(iii) Technical and financial assistance—Not later than 2 years after the date of enactment of the USE IT Act, in carrying out this subsection, the Administrator, in consultation with the Secretary of Energy, shall support research and infrastructure activities relating to carbon dioxide utilization by providing technical assistance and financial assistance in accordance with clause (iv).
- “(iv) Eligibility—To be eligible to receive technical assistance and financial assistance under clause (iii), a carbon dioxide utilization project shall—
- “(I) have access to an emissions stream generated by a stationary source within the United States that is capable of supplying not less than 250 metric tons per day of carbon dioxide for research;
- “(II) have access to adequate space for a laboratory and equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and
- “(III) have existing partnerships with institutions of higher education, private companies, States, or other government entities.
- “(v) Coordination—In supporting carbon dioxide utilization projects under this paragraph, the Administrator shall consult with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency, States, the private sector, and institutions of higher education to develop methods and technologies to account for the carbon dioxide emissions avoided by the carbon dioxide utilization projects.
- “(vi) Authorization of appropriations
- “(I) In general—Of the amounts authorized to be appropriated for the Environmental Protection Agency, $50,000,000 shall be available to carry out this subparagraph, to remain available until expended.
- “(II) Requirement—Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.
- “(D) Deep saline formation report
- “(i) Definition of deep saline formation
- “(I) In general—In this subparagraph, the term deep saline formation means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid.
- “(II) Clarification—In this subparagraph, the term deep saline formation does not include oil and gas reservoirs.
- “(ii) Report—In consultation with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency and relevant stakeholders, not later than 1 year after the date of enactment of the USE IT Act, the Administrator shall prepare, submit to Congress, and make publicly available a report that includes—
- “(I) a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline formations, using existing research;
- “(II) recommendations, if any, for managing the potential risks identified under subclause (I), including potential risks unique to public land; and
- “(III) recommendations, if any, for Federal legislation or other policy changes to mitigate any potential risks identified under subclause (I).
- “(E) Report on carbon dioxide nonregulatory strategies and technologies
- “(i) In general—Not less frequently than once every 2 years, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes—
- “(I) the recipients of assistance under subparagraphs (B) and (C); and
- “(II) a plan for supporting additional nonregulatory strategies and technologies that could significantly prevent carbon dioxide emissions or reduce carbon dioxide levels in the air, in conjunction with other Federal agencies.
- “(ii) Inclusions—The plan submitted under clause (i) shall include—
- “(I) a methodology for evaluating and ranking technologies based on the ability of the technologies to cost effectively reduce carbon dioxide emissions or carbon dioxide levels in the air; and
- “(II) a description of any nonair-related environmental or energy considerations regarding the technologies.
- “(F) GAO report—The Comptroller General of the United States shall submit to Congress a report that—
- “(i) identifies all Federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies, including direct air capture technologies; and
- “(ii) examines the extent to which the Federal grant programs identified pursuant to clause (i) overlap or are duplicative.”
- (c) Report— Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”) shall submit to Congress a report describing how funds appropriated to the Administrator during the 5 most recent fiscal years have been used to carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including a description of—
- (1) the amount of funds used to carry out specific provisions of that section; and
- (2) the practices used by the Administrator to differentiate funding used to carry out that section, as compared to funding used to carry out other provisions of law.
- (d) Inclusion of carbon capture infrastructure projects— Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended—
- (1) in subparagraph (A)—
- (A) in the matter preceding clause (i), by inserting “carbon capture,” after “manufacturing,”;
- (B) in clause (i)(III), by striking “or” at the end;
- (C) by redesignating clause (ii) as clause (iii); and
- (D) by inserting after clause (i) the following:
- “(ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; or”
- (2) by adding at the end the following:
- “(C) Inclusion—For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of—
- “(i) any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)); and
- “(ii) carbon dioxide pipelines.”
- (e) Development of carbon capture, utilization, and sequestration report, permitting guidance, and regional permitting task force—
- (1) Definitions— In this subsection:
- (A) Carbon capture, utilization, and sequestration projects— The term carbon capture, utilization, and sequestration projects includes projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g))).
- (B) Efficient, orderly, and responsible— The term efficient, orderly, and responsible means, with respect to development or the permitting process for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, a process that is completed in an expeditious manner while maintaining environmental, health, and safety protections.
- (2) Report—
- (A) In general— Not later than 180 days after the date of enactment of this Act, the Chair of the Council on Environmental Quality (referred to in this section as the “Chair”), in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, the Executive Director of the Federal Permitting Improvement Council, and the head of any other relevant Federal agency (as determined by the President), shall prepare a report that—
- (i) compiles all existing relevant Federal permitting and review information and resources for project applicants, agencies, and other stakeholders interested in the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including—
- (I) the appropriate points of interaction with Federal agencies;
- (II) clarification of the permitting responsibilities and authorities among Federal agencies; and
- (III) best practices and templates for permitting;
- (ii) inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;
- (iii) inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;
- (iv) identifies gaps in the current Federal regulatory framework for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and
- (v) identifies Federal financing mechanisms available to project developers.
- (B) Submission; publication— The Chair shall—
- (i) submit the report under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
- (ii) as soon as practicable, make the report publicly available.
- (3) Guidance—
- (A) In general— After submission of the report under paragraph (2)(B), but not later than 1 year after the date of enactment of this Act, the Chair shall submit guidance consistent with that report to all relevant Federal agencies that—
- (i) facilitates reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and
- (ii) supports the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
- (B) Requirements—
- (i) In general— The guidance under subparagraph (A) shall address requirements under—
- (I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
- (II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
- (III) the Clean Air Act (42 U.S.C. 7401 et seq.);
- (IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
- (V) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
- (VI) division A of subtitle III of title 54, United States Code (formerly known as the “National Historic Preservation Act”);
- (VII) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
- (VIII) the Act of June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as the “Bald and Golden Eagle Protection Act”); and
- (IX) any other Federal law that the Chair determines to be appropriate.
- (ii) Environmental reviews— The guidance under subparagraph (A) shall include direction to States and other interested parties for the development of programmatic environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
- (iii) Public involvement— The guidance under subparagraph (A) shall be subject to the public notice, comment, and solicitation of information procedures under section 1506.6 of title 40, Code of Federal Regulations (or a successor regulation).
- (C) Submission; publication— The Chair shall—
- (i) submit the guidance under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
- (ii) as soon as practicable, make the guidance publicly available.
- (D) Evaluation— The Chair shall—
- (i) periodically evaluate the reports of the task forces under paragraph (4)(E) and, as necessary, revise the guidance under subparagraph (A); and
- (ii) each year, submit to the Committee on Environment and Public Works of the Senate, the Committee on Energy and Commerce of the House of Representatives, and relevant Federal agencies a report that describes any recommendations for legislation, rules, revisions to rules, or other policies that would address the issues identified by the task forces under paragraph (4)(E).
- (4) Task force—
- (A) Establishment— Not later than 18 months after the date of enactment of this Act, the Chair shall establish not less than 2 task forces, which shall each cover a different geographical area with differing demographic, land use, or geological issues—
- (i) to identify permitting and other challenges and successes that permitting authorities and project developers and operators face; and
- (ii) to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
- (B) Members and selection—
- (i) In general— The Chair shall—
- (I) develop criteria for the selection of members to each task force; and
- (II) select members for each task force in accordance with subclause (I) and clause (ii).
- (ii) Members— Each task force—
- (I) shall include not less than 1 representative of each of—
- (aa) the Environmental Protection Agency;
- (bb) the Department of Energy;
- (cc) the Department of the Interior;
- (dd) any other Federal agency the Chair determines to be appropriate;
- (ee) any State that requests participation in the geographical area covered by the task force;
- (ff) developers or operators of carbon capture, utilization, and sequestration projects or carbon dioxide pipelines; and
- (gg) nongovernmental membership organizations, the primary mission of which concerns protection of the environment; and
- (II) at the request of a Tribal or local government, may include a representative of—
- (aa) not less than 1 local government in the geographical area covered by the task force; and
- (bb) not less than 1 Tribal government in the geographical area covered by the task force.
- (C) Meetings—
- (i) In general— Each task force shall meet not less than twice each year.
- (ii) Joint meeting— To the maximum extent practicable, the task forces shall meet collectively not less than once each year.
- (D) Duties— Each task force shall—
- (i) inventory existing or potential Federal and State approaches to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including best practices that—
- (I) avoid duplicative reviews;
- (II) engage stakeholders early in the permitting process; and
- (III) make the permitting process efficient, orderly, and responsible;
- (ii) develop common models for State-level carbon dioxide pipeline regulation and oversight guidelines that can be shared with States in the geographical area covered by the task force;
- (iii) provide technical assistance to States in the geographical area covered by the task force in implementing regulatory requirements and any models developed under clause (ii);
- (iv) inventory current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;
- (v) identify any priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;
- (vi) identify gaps in the current Federal and State regulatory framework and in existing data for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines;
- (vii) identify Federal and State financing mechanisms available to project developers; and
- (viii) develop recommendations for relevant Federal agencies on how to develop and research technologies that—
- (I) can capture carbon dioxide; and
- (II) would be able to be deployed within the region covered by the task force, including any projects that have received technical or financial assistance for research under paragraph (6) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)).
- (E) Report— Each year, each task force shall prepare and submit to the Chair and to the other task forces a report that includes—
- (i) any recommendations for improvements in efficient, orderly, and responsible issuance or administration of Federal permits and other Federal authorizations required under a law described in paragraph (3)(B)(i); and
- (ii) any other nationally relevant information that the task force has collected in carrying out the duties under subparagraph (D).
- (F) Evaluation— Not later than 5 years after the date of enactment of this Act, the Chair shall—
- (i) reevaluate the need for the task forces; and
- (ii) submit to Congress a recommendation as to whether the task forces should continue.
## Sec. 6002 Reporting regarding cancelled appropriations — added
- (a) Assessments required—
- (1) Fiscal years 2009 through 2018— Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the committees of Congress described in paragraph (3) a report that assesses the amount of appropriations cancelled under section 1552 of title 31, United States Code, during each of fiscal years 2009 through 2018.
- (2) Fiscal year 2019— Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the committees of Congress described in paragraph (3) a report that assesses the amount of appropriations cancelled under section 1552 of title 31, United States Code, during fiscal year 2019.
- (3) Committees— The committees of Congress described in this paragraph are—
- (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on the Budget of the Senate; and
- (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on the Budget of the House of Representatives.
- (b) Elements of assessment— Each assessment conducted under subsection (a) shall address the following:
- (1) The amount of appropriations for each agency that were cancelled during each fiscal year covered by the report, including—
- (A) the name of each appropriation account from which amounts were cancelled;
- (B) for each cancelled appropriation, the fiscal year for which the appropriation was made, the period of availability of the appropriation, and the fiscal year during which the appropriation was cancelled;
- (C) for each fiscal year for which appropriations made to the agency were cancelled, the percentage of the appropriations made available to the agency for the fiscal year that were cancelled; and
- (D) whether there was an adjustment made with respect to the cancelled appropriation under section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) or the cancelled appropriation was otherwise excluded from being taken into account for purposes of the discretionary spending limits (as defined in section 250 of such Act (2 U.S.C. 900)).
- (2) The extent to which canceled appropriations different significantly across agencies or over time.
- (3) The extent to which canceled appropriations are correlated with obligation rates or the length of time.
- (4) The extent to which canceled appropriations are correlated with the length of continuing resolutions in the original year of the appropriation.
## Sec. 6003 Inclusion of progress of the Department of Defense in achieving auditable financial statements in annual reports on the Financial Improvement and Audit Remediation Plan — added
- Section 240b(b)(1)(B) of title 10, United States Code, is amended by adding at the end the following new clause:
- “(ix) A ranking each of the military departments and Defense Agency in order of its current progress in achieving auditable financial statements as required by law, and for each military department or Defense Agency that is so ranked in the bottom quartile, separate information from the head of such department or Defense Agency on the following:
- “(I) A description of the material weaknesses of such military department or Defense Agency in achieving auditable financial statements.
- “(II) The underlying causes of each such weakness.
- “(III) A plan for remediating each such weakness.”
## Sec. 6004 Exemption from calculation of monthly income, for purposes of bankruptcy laws, certain payments from the Department of Veterans Affairs and the Department of Defense — added
- Section 101(10A) of title 11, United States Code, is amended by striking subparagraph (B) and inserting the following:
- “(B)
- “(i) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor's spouse), on a regular basis for the household expenses of the debtor or the debtor's dependents (and, in a joint case, the debtor's spouse if not otherwise a dependent); and
- “(ii) excludes—
- “(I) benefits received under the Social Security Act (42 U.S.C. 301 et seq.);
- “(II) payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes;
- “(III) payments to victims of international terrorism or domestic terrorism, as those terms are defined in section 2331 of title 18, on account of their status as victims of such terrorism; and
- “(IV) any monthly compensation, pension, pay, annuity, or allowance paid under title 10, 37, or 38 in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services, except that any retired pay excluded under this subclause shall include retired pay paid under chapter 61 of title 10 only to the extent that such retired pay exceeds the amount of retired pay to which the debtor would otherwise be entitled if retired under any provision of title 10 other than chapter 61 of that title.”
## Sec. 6005 Silver Star Service Banner Day — added
- (a) Findings— Congress finds the following:
- (1) Congress is committed to honoring the sacrifices of wounded and ill members of the Armed Forces.
- (2) The Silver Star Service Banner recognizes the members of the Armed Forces and veterans who were wounded or became ill while serving in combat for the United States.
- (3) The sacrifices made by members of the Armed Forces and veterans on behalf of the United States should never be forgotten.
- (4) May 1 is an appropriate date to designate as “Silver Star Service Banner Day”.
- (b) Designation—
- (1) In general— Chapter 1 of title 36, United States Code, is amended by adding at the end the following:
- “146. Silver Star Service Banner Day
- “(a) Designation—May 1 is Silver Star Service Banner Day.
- “(b) Proclamation—The President is requested to issue each year a proclamation calling on the people of the United States to observe Silver Star Service Banner Day with appropriate programs, ceremonies, and activities.”
- (2) Clerical amendment— The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 145 the following:
## Sec. 6006 Electromagnetic pulses and geomagnetic disturbances — added
- (a) Definitions— In this section—
- (1) the term appropriate congressional committees has the meaning given that term in subsection (d) of section 320 of the Homeland Security Act of 2002, as added by subsection (b) of this section; and
- (2) the terms critical infrastructure, EMP, and GMD have the meanings given such terms in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
- (b) Homeland security— Section 320 of the Homeland Security Act of 2002 (6 U.S.C. 195f) is amended—
- (1) in the section heading, by inserting “and threat assessment, response, and recovery” after “development”; and
- (2) by adding at the end the following:
- “(d) Threat assessment, response, and recovery
- “(1) Definitions—In this subsection—
- “(A) the term appropriate congressional committees means—
- “(i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate; and
- “(ii) the Committee on Homeland Security, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives;
- “(B) the terms prepare and preparedness mean the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the homeland, including the prediction and notification of impending EMPs and GMDs; and
- “(C) the term Sector-Specific Agency has the meaning given that term in section 2201.
- “(2) Roles and responsibilities
- “(A) Distribution of information
- “(i) In general—Beginning not later than June 19, 2020, the Secretary shall provide timely distribution of information on EMPs and GMDs to Federal, State, and local governments, owners and operators of critical infrastructure, and other persons determined appropriate by the Secretary.
- “(ii) Briefing—The Secretary shall brief the appropriate congressional committees on the effectiveness of the distribution of information under clause (i).
- “(B) Response and recovery
- “(i) In general—The Secretary shall—
- “(I) coordinate the response to and recovery from the effects of EMPs and GMDs on critical infrastructure, in coordination with the heads of appropriate Sector-Specific Agencies, and on matters related to the bulk power system, in consultation with the Secretary of Energy and the Federal Energy Regulatory Commission; and
- “(II) incorporate events that include EMPs and extreme GMDs as a factor in preparedness scenarios and exercises.
- “(ii) Implementation—The Secretary and the Administrator of the Federal Emergency Management Agency, and on matters related to the bulk power system, the Secretary of Energy and the Federal Energy Regulatory Commission, shall—
- “(I) not later than June 19, 2020, develop plans and procedures to coordinate the response to and recovery from EMP and GMD events; and
- “(II) not later than December 21, 2020, conduct a national exercise to test the preparedness and response of the Nation to the effect of an EMP or extreme GMD event.
- “(C) Research and development
- “(i) In general—The Secretary, in coordination with the heads of relevant Sector-Specific Agencies, shall—
- “(I) without duplication of existing or ongoing efforts, conduct research and development to better understand and more effectively model the effects of EMPs and GMDs on critical infrastructure (which shall not include any system or infrastructure of the Department of Defense or any system or infrastructure of the Department of Energy associated with nuclear weapons activities); and
- “(II) develop technologies to enhance the resilience of and better protect critical infrastructure.
- “(ii) Plan—Not later than March 26, 2020, and in coordination with the heads of relevant Sector-Specific Agencies, the Secretary shall submit to the appropriate congressional committees a research and development action plan to rapidly address modeling shortfall and technology development.
- “(D) Emergency information system
- “(i) In general—The Secretary, in coordination with relevant stakeholders, shall implement a network of systems that are capable of providing appropriate emergency information to the public before (if possible), during, and in the aftermath of an EMP or GMD.
- “(ii) Briefing—Not later than December 21, 2020, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall brief the appropriate congressional committees regarding the system required under clause (i).
- “(E) Quadrennial risk assessments
- “(i) In general—The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce, and informed by intelligence-based threat assessments, shall conduct a quadrennial EMP and GMD risk assessment.
- “(ii) Briefings—Not later than March 26, 2020, and every 4 years thereafter until 2032, the Secretary, the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce shall provide a briefing to the appropriate congressional committees regarding the quadrennial EMP and GMD risk assessment.
- “(iii) Enhancing resilience—The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other relevant Sector-Specific Agencies, shall use the results of the quadrennial EMP and GMD risk assessments to better understand and to improve resilience to the effects of EMPs and GMDs across all critical infrastructure sectors, including coordinating the prioritization of critical infrastructure at greatest risk to the effects of EMPs and GMDs.
- “(3) Coordination
- “(A) Report on technological options—Not later than December 21, 2020, and every 4 years thereafter until 2032, the Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the heads of other appropriate agencies, and, as appropriate, private-sector partners, shall submit to the appropriate congressional committees, a report that—
- “(i) assesses the technological options available to improve the resilience of critical infrastructure to the effects of EMPs and GMDs; and
- “(ii) identifies gaps in available technologies and opportunities for technological developments to inform research and development activities.
- “(B) Test data
- “(i) In general—Not later than December 20, 2020, the Secretary, in coordination with the heads of Sector-Specific Agencies, the Secretary of Defense, and the Secretary of Energy, shall—
- “(I) review test data regarding the effects of EMPs and GMDs on critical infrastructure systems, networks, and assets representative of those throughout the Nation; and
- “(II) identify any gaps in the test data.
- “(ii) Plan—Not later than 180 days after identifying gaps in test data under clause (i), the Secretary, in coordination with the heads of Sector-Specific Agencies and in consultation with the Secretary of Defense and the Secretary of Energy, shall use the sector partnership structure identified in the National Infrastructure Protection Plan to develop an integrated cross-sector plan to address the identified gaps.
- “(iii) Implementation—The heads of each agency identified in the plan developed under clause (ii) shall implement the plan in collaboration with the voluntary efforts of the private sector, as appropriate.
- “(e) Rule of construction—Nothing in this section may be construed to affect in any manner the authority, existing on the day before the date of enactment of this subsection, of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector-Specific Agency specified in section 61003(c) of division F of the Fixing America’s Surface Transportation Act (6 U.S.C. 121 note), including the authority under section 215 of the Federal Power Act (16 U.S.C. 824o), and including the authority of independent agencies to be independent.”
- (c) National essential functions—
- (1) Definition— In this subsection, the term national essential functions means the overarching responsibilities of the Federal Government to lead and sustain the Nation before, during, and in the aftermath of a catastrophic emergency, such as an EMP or GMD that adversely affects the performance of the Federal Government.
- (2) Updated operational plans— Not later than March 20, 2020, each agency that supports a national essential function shall prepare updated operational plans documenting the procedures and responsibilities of the agency relating to preparing for, protecting against, and mitigating the effects of EMPs and GMDs.
- (d) Benchmarks— Not later than March 26, 2020, and as appropriate thereafter, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and, as appropriate, the private sector, may develop or update, as necessary, quantitative and voluntary benchmarks that sufficiently describe the physical characteristics of EMPs, including waveform and intensity, in a form that is useful to and can be shared with owners and operators of critical infrastructure. Nothing in this subsection shall affect the authority of the Electric Reliability Organization to develop and enforce, or the authority of the Federal Energy Regulatory Commission to approve, reliability standards.
- (e) Pilot test by DHS to evaluate engineering approaches—
- (1) In general— Not later than September 22, 2020, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Secretary of Energy, and in consultation with the private sector, as appropriate, shall develop and implement a pilot test to evaluate available engineering approaches for mitigating the effects of EMPs and GMDs on the most vulnerable critical infrastructure systems, networks, and assets.
- (2) Briefing— Not later than 90 days after the date on which the pilot test described in paragraph (1) is completed, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Secretary of Energy, shall jointly brief the appropriate congressional committees on the cost and effectiveness of the evaluated approaches.
- (f) Pilot test by DOD to evaluate engineering approaches—
- (1) In general— Not later than September 22, 2020, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Energy, shall conduct a pilot test to evaluate engineering approaches for hardening a strategic military installation, including infrastructure that is critical to supporting that installation, against the effects of EMPs and GMDs.
- (2) Report— Not later than 180 days after completing the pilot test described in paragraph (1), the Secretary of Defense shall submit to the appropriate congressional committees a report regarding the cost and effectiveness of the evaluated approaches.
- (g) Communications operational plans— Not later than December 21, 2020, the Secretary of Homeland Security, after holding a series of joint meetings with the Secretary of Defense, the Secretary of Commerce, the Federal Communications Commission, and the Secretary of Transportation shall submit to the appropriate congressional committees a report—
- (1) assessing the effects of EMPs and GMDs on critical communications infrastructure; and
- (2) recommending any necessary changes to operational plans to enhance national response and recovery efforts after an EMP or GMD.
- (h) Technical and conforming amendment— The table of sections in section 1(b) of the Homeland Security Act of 2002 is amended by striking the item relating to section 320 and inserting the following:
## Sec. 6007 Termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service — added
- (a) Catastrophic injuries and illnesses— Subsection (a) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955), as amended by section 301 of the Veterans Benefits and Transition Act of 2018 (Public Law 115–407), is further amended by adding at the end the following new paragraph:
- “(4) Catastrophic injury or illness of lessee—The spouse of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date on which the lessee incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the lessee incurs the catastrophic injury or illness during a period of military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”
- (b) Deaths— Paragraph (3) of such subsection is amended by striking “in subsection (b)(1)” and inserting “in subsection (b)”.
## Sec. 6008 Improvements to Network for Manufacturing Innovation Program — added
- (a) Alternate program name— Subsection (a) of section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s) is amended by inserting “or as “Manufacturing USA”” after “as the “Network for Manufacturing Innovation Program””.
- (b) Centers for manufacturing innovation— Subsection (c) of such section is amended—
- (1) in subparagraphs (B) and (C)(i) of paragraph (1), by striking “and tool development for microelectronics” both places it appears and inserting “tool development for microelectronics, food manufacturing, superconductors, advanced battery technologies, robotics, advanced sensors, quantum information science, supply chain water optimization, aeronautics and advanced materials, and graphene and graphene commercialization”;
- (2) in paragraph (2)(D), by striking “and minority” and inserting “, minority, and veteran”; and
- (3) in paragraph (3)(A), by striking “, but such” and all that follows through “under subsection (d)”.
- (c) Financial assistance To establish and support centers for manufacturing innovation— Subsection (d) of such section is amended—
- (1) in paragraph (1) is amended to read as follows:
- “(1) In general—In carrying out the Program, the Secretary shall award financial assistance to the following:
- “(A) To a person or group of persons to assist the person or group of persons in planning, establishing, or supporting a center for manufacturing innovation.
- “(B) To a center for manufacturing innovation, including a center that was not established using Federal funds, to support workforce development, cross-center projects, and other efforts which support the purposes of the Program.”
- (2) in paragraphs (2), (3), and (4), by striking “under paragraph (1)” each place it appears and inserting “under paragraph (1)(A)”;
- (3) in paragraph (4)—
- (A) in subparagraph (C)—
- (i) in clause (i), by striking “; and” and inserting a semicolon;
- (ii) in clause (ii)—
- (I) by inserting “, including appropriate measures for assessing the effectiveness of the activities funded with regards to the center's success in advancing the current state of the applicable advanced manufacturing technology area such as technology readiness level and manufacturing readiness level,” after “measures”; and
- (II) by striking the period at the end and inserting a semicolon; and
- (iii) by adding at the end the following:
- “(iii) establish standards for the performance of centers for manufacturing innovation that are based on the measures developed under clause (ii); and
- “(iv) for each center for manufacturing innovation supported by the award, 5 years after the initial award and every 5 years thereafter until Federal funding is discontinued, conduct an assessment of the center to confirm whether the performance of the center is meeting the standards for performance established under clause (iii).”
- (B) in subparagraph (D), by inserting “, including, as appropriate, the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Labor, the Food and Drug Administration, the National Aeronautics and Space Administration, the National Institutes of Health, and the National Science Foundation” after “manufacturing”; and
- (C) in subparagraph (E)—
- (i) in clause (ii), by striking “without the need for long-term Federal funding”;
- (ii) in clause (iii), by striking “significantly”;
- (iii) in clause (v), by inserting “and to improve the domestic supply chain” after “technologies”; and
- (iv) in clause (ix), by inserting “industrial, research, entrepreneurship, and other” after “leverage the”;
- (4) in paragraph (5)—
- (A) by striking subparagraph (A) and inserting the following:
- “(A) Performance deficiency
- “(i) Notice of deficiency—If the Secretary finds that a center for manufacturing innovation does not meet the standards for performance established under clause (iii) of paragraph (4)(C) during an assessment pursuant to clause (iv) of such paragraph, the Secretary shall notify the center of any deficiencies in the performance of the center and provide the center one year to remedy such deficiencies.
- “(ii) Failure to remedy—If a center for manufacturing innovation fails to remedy a deficiency identified under clause (i) or to show significant improvement in performance one year after notification of a performance deficiency identified under clause (i), the Secretary shall notify the center that the center is ineligible for further financial assistance awarded under paragraph (1) .”
- (B) in subparagraph (B), in the first sentence, by striking “large capital facilities or equipment purchases” and inserting “satellite centers, large capital facilities, equipment purchases, workforce development, or general operations”; and
- (C) by striking subparagraph (C); and
- (5) by adding at the end the following:
- “(6) Use of financial assistance—Financial assistance awarded under paragraph (1)(B) may be used to carry out Program-wide activities directed by the Secretary, such as activities targeting workforce development.”
- (d) Funding— Subsection (e)(2) of such section is amended—
- (1) by amending subparagraph (A) to read as follows:
- “(A) NIST industrial technical services account—To the extent provided for in advance by appropriations Acts, the Secretary may use amounts appropriated to the Institute for Industrial Technical Services account to carry out this section as follows:
- “(i) For each of the fiscal years 2015 through 2019, an amount not to exceed $5,000,000.
- “(ii) For each of fiscal years 2020 through 2030, such amounts as may be necessary to carry out this section.”
- (2) in subparagraph (B), by striking “through 2024” and inserting “through 2019”.
- (e) National Program Office— Subsection (f) of such section is amended—
- (1) in paragraph (2)—
- (A) in subparagraph (B)—
- (i) by inserting “coordinate with and, as appropriate,” before “enter”; and
- (ii) by inserting “including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Labor, the Food and Drug Administration, the National Aeronautics and Space Administration, the National Institutes of Health, and the National Science Foundation,” after “manufacturing,”;
- (B) in subparagraph (E), by striking “; and” and inserting a semicolon;
- (C) by redesignating subparagraph (F) as subparagraph (J); and
- (D) by inserting after subparagraph (E) the following:
- “(F) to carry out pilot programs in collaboration with the centers for manufacturing innovation such as a laboratory-embedded entrepreneurship program;
- “(G) to provide support services and funding as necessary to promote workforce development activities;
- “(H) to coordinate with centers for manufacturing innovation to develop best practices for the membership agreements and coordination of similar project solicitations;
- “(I) to collaborate with the Department of Labor, the Department of Education, industry, career and technical education schools, local community colleges, universities, and labor organizations to provide input for the development of national certifications for advanced manufacturing workforce skills in the technology areas of the centers for manufacturing innovation; and”
- (2) in paragraph (3), by inserting “State, Tribal, and local governments,” after “community colleges,”; and
- (3) in paragraph (5)—
- (A) by striking “The Secretary” and inserting the following:
- “(A) In general—The Secretary”
- (B) by adding at the end the following:
- “(B) Liaisons
- “(i) In general—The Secretary may provide financial assistance to a manufacturing extension center established as part of the Hollings Manufacturing Extension Partnership to support the purposes of the Program by providing services in one or more of the following areas:
- “(I) Cybersecurity awareness and support services for small- and medium-sized manufacturers.
- “(II) Assistance with workforce development.
- “(III) Technology transfer for small and medium-sized manufacturers.
- “(IV) Such other areas as the Secretary determines appropriate to support the purposes of the Program.
- “(ii) Support—Support under clause (i) may include the designation of a liaison.”
- (f) Reporting and auditing— Subsection (g) of such section is amended—
- (1) in paragraphs (1) and (2), by striking “under subsection (d)(1)” and inserting “under subsection (d)(1)(A)”;
- (2) in paragraph (2)(A), by striking “December 31, 2024” and inserting “December 31, 2030”; and
- (3) in paragraph (3)—
- (A) in subparagraph (A)—
- (i) by striking “2 years” and inserting “3 years”; and
- (ii) by striking “2-year” and inserting “3-year”; and
- (B) in subparagraph (B), by striking “December 31, 2024” and inserting “December 31, 2030”.
- (g) Expansion— Subject to the availability of appropriations, the Secretary of Commerce shall increase the number of centers for manufacturing innovation that participate in the Network for Manufacturing Innovation Program.
## Sec. 6009 Regional innovation program — added
- Section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) is amended to read as follows:
- “27. Regional innovation program
- “(a) Definitions—In this section:
- “(1) Eligible recipient defined—The term eligible recipient means—
- “(A) a State;
- “(B) an Indian tribe;
- “(C) a city or other political subdivision of a State;
- “(D) an entity that is a nonprofit organization, an institution of higher education, a public-private partnership, a science or research park, a Federal laboratory, a venture development organization, or an economic development organization or similar entity that is focused primarily on improving science, technology, innovation, or entrepreneurship; or
- “(E) a consortium of any of the entities described in subparagraphs (A) through (D).
- “(2) Regional innovation initiative—The term regional innovation initiative means a geographically-bounded public or nonprofit activity or program to address issues in the local innovation systems in order to—
- “(A) increase the success of innovation-driven industry;
- “(B) strengthen the competitiveness of industry through new product innovation and new technology adoption;
- “(C) improve the pace of market readiness and overall commercialization of innovative research;
- “(D) enhance the overall innovation capacity and long-term resilience of the region; and
- “(E) leverage the region’s unique competitive strengths to stimulate innovation and to create jobs.
- “(3) State—The term State means one of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.
- “(4) Venture development organization—The term venture development organization means a State or nonprofit organization that contributes to regional or sector-based economic prosperity by providing services for the purposes of—
- “(A) accelerating the commercialization of research;
- “(B) strengthening the competitive position of industry through the development, commercial adoption, or deployment of technology; and
- “(C) providing financial grants, loans, or direct financial investment to commercialize technology.
- “(b) Establishment—The Secretary shall establish a regional innovation program to encourage and support the development of regional innovation strategies designed to increase innovation-driven economic opportunity within their respective regions.
- “(c) Regional innovation grants
- “(1) Authorization of grants—As part of the program established pursuant to subsection (b), the Secretary may award grants, on a competitive basis, to eligible recipients for activities designed to develop and support a regional innovation initiative.
- “(2) Permissible activities—A grant awarded under this subsection shall be used for multiple activities determined appropriate by the Secretary, including—
- “(A) improving the connectedness and strategic orientation of the region through planning, technical assistance, and communication among participants of a regional innovation initiative;
- “(B) attracting additional participants to a regional innovation initiative;
- “(C) increasing the availability and investment of private and philanthropic financing that supports innovation-based business ventures;
- “(D) completing the research, development and introduction of new products, processes, and services into the commercial market;
- “(E) increasing the number of full-time equivalent employment opportunities within innovation-based business ventures in the geographic region; and
- “(F) achieving quantifiable, positive benefits to, or measurable enhancements for, the economic performance of the geographic region.
- “(3) Restricted activities—Grants awarded under this subsection may not be used to pay for—
- “(A) costs related to the recruitment, inducement, or associated financial or tangible incentives that might be offered to relocate an existing business from a geographic area to another geographic area; or
- “(B) costs associated with offsetting revenues forgone by one or more taxing authorities through tax incentives, tax increment financing, special improvement districts, tax abatements for private development within designated zones or geographic areas, or other reduction in revenues resulting from tax credits affecting the geographic region of the eligible recipients.
- “(4) Applications
- “(A) In general—An eligible recipient shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.
- “(B) Components—Each application submitted under subparagraph (A) shall—
- “(i) describe the regional innovation initiative;
- “(ii) indicate whether the regional innovation initiative is supported by the private sector, State and local governments, and other relevant stakeholders;
- “(iii) identify what activities the regional innovation initiative will undertake;
- “(iv) describe the expected outcomes of the regional innovation initiative and how the eligible recipient will measure progress toward those outcomes;
- “(v) indicate whether the participants in the regional innovation initiative have access to, or contribute to, a well-trained workforce and other innovation assets that are critical to the successful outcomes specified in the application;
- “(vi) indicate whether the participants in the regional innovation initiative are capable of attracting additional funds from non-Federal sources; and
- “(vii) if appropriate for the activities proposed in the application, analyze the likelihood that the participants in the regional innovation initiative will be able to sustain activities after grant funds received under this subsection have been expended.
- “(C) Feedback—The Secretary shall provide feedback to program applicants that are not awarded grants to help them improve future applications.
- “(D) Special considerations—The Secretary shall give special consideration to—
- “(i) applications proposing to include workforce or training related activities in their regional innovation initiative from eligible recipients who agree to collaborate with local workforce investment area boards; and
- “(ii) applications from regions that contain communities negatively impacted by trade.
- “(5) Cost share—The Secretary may not provide more than 50 percent of the total cost of any activity funded under this subsection.
- “(6) Outreach to rural communities
- “(A) In general—The Secretary shall conduct outreach to public and private sector entities in rural communities to encourage those entities to participate in regional innovation initiatives under this subsection.
- “(B) Justification—As part of the program established pursuant to subsection (b), the Secretary, through the Economic Development Administration, shall submit an annual report to Congress that explains the balance in the allocation of grants to eligible recipients under this subsection between rural and urban areas.
- “(7) Funding—The Secretary may accept funds from other Federal agencies to support grants and activities under this subsection.
- “(d) Regional innovation research and information program
- “(1) In general—As part of the program established pursuant to subsection (b), the Secretary shall establish a regional innovation research and information program—
- “(A) to gather, analyze, and disseminate information on best practices for regional innovation initiatives, including information relating to how innovation, productivity, and economic development can be maximized through such strategies;
- “(B) to provide technical assistance, including through the development of technical assistance guides, for the development and implementation of regional innovation initiatives;
- “(C) to support the development of relevant metrics and measurement standards to evaluate regional innovation initiatives, including the extent to which such strategies stimulate innovation, productivity, and economic development; and
- “(D) to collect and make available data on regional innovation initiatives in the United States, including data on—
- “(i) the size, specialization, and competitiveness of regional innovation initiatives;
- “(ii) the regional domestic product contribution, total jobs and earnings by key occupations, establishment size, nature of specialization, patents, Federal research and development spending, and other relevant information for regional innovation initiatives; and
- “(iii) supply chain product and service flows within and between regional innovation initiatives.
- “(2) Research grants—The Secretary may award research grants on a competitive basis to support and further the goals of the program established under this section.
- “(3) Dissemination of information—Data and analysis compiled by the Secretary under the program established in this subsection shall be made available to other Federal agencies, State and local governments, and nonprofit and for-profit entities.
- “(4) Regional innovation grant program—The Secretary shall incorporate data and analysis relating to any grant awarded under subsection (c) into the program established under this subsection.
- “(e) Interagency coordination
- “(1) In general—To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other programs at the Department of Commerce or at other Federal agencies.
- “(2) Collaboration
- “(A) In general—The Secretary shall explore and pursue collaboration with other Federal agencies, including through multi-agency funding opportunities, on regional innovation strategies.
- “(B) Small businesses—The Secretary shall ensure that such collaboration with Federal agencies prioritizes the needs and challenges of small businesses.
- “(f) Evaluation
- “(1) In general—Not later than 5 years after Congress first appropriates funds to carry out this section, the Secretary shall competitively award a contract with an independent entity to conduct an evaluation of programs established under this section.
- “(2) Requirements—The evaluation conducted under paragraph (1) shall include—
- “(A) an assessment of whether the program is achieving its goals;
- “(B) the program’s efficacy in providing awards to geographically diverse entities;
- “(C) any recommendations for how the program may be improved; and
- “(D) a recommendation as to whether the program should be continued or terminated.
- “(g) Reporting requirement—Not later than 5 years after the first grant is awarded under subsection (c), and every 5 years thereafter until 5 years after the last grant recipient completes the regional innovation initiative for which such grant was awarded, the Secretary shall submit a report to Congress that describes the outcome of each regional innovation initiative that was completed during the previous 5 years.
- “(h) Funding—From amounts appropriated by Congress for economic development assistance authorized under section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), the Secretary may use up to $50,000,000 in each of the fiscal years 2020 through 2024 to carry out this section.”
## Sec. 6010 Report on National Guard and United States Northern Command capacity to meet homeland defense and security incidents — added
- Not later than September 30, 2020, the Chief of the National Guard Bureau shall, in consultation with the Commander of United States Northern Command, submit to the congressional defense committees a report setting forth the following:
- (1) A clarification of the roles and missions, structure, capabilities, and training of the National Guard and the United States Northern Command, and an identification of emerging gaps and shortfalls in light of current homeland security threats to our country.
- (2) A list of the resources that each State and Territory National Guard has at its disposal that are available to respond to a homeland defense or security incident, with particular focus on a multi-State electromagnetic pulse event.
- (3) The readiness and resourcing status of forces listed pursuant to paragraph (2).
- (4) The current strengths and areas of improvement in working with State and Federal interagency partners.
- (5) The current assessments that address National Guard readiness and resourcing of regular United States Northern Command forces postured to respond to homeland defense and security incidents.
- (6) A roadmap to 2040 that addresses readiness across the spectrum of long-range emerging threats facing the United States.
## Sec. 6011 Comptroller General of the United States report on the effects of continuing resolutions on readiness and planning of the Department of Defense — added
- (a) Report required— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth a description and assessment of the effects of continuing resolutions on readiness and planning of the Department of Defense.
- (b) Elements— The report required by subsection (a) shall address the following:
- (1) The extent to which the acquisition of goods and services, the support of operational systems, and the stewardship of installations and facilities by the Department of Defense are impacted by continuing resolutions, including the following:
- (A) The extent to which continuing resolutions negatively impact contract fidelity, including Department purchasing power, and Department leverage in non-pecuniary contract terms such as contract type and delivery date.
- (B) The extent to which the Department pays more, all other things being equal, because of frequent continuing resolutions.
- (C) An estimate of the total decrease in Department purchasing power as a result of continuing resolutions.
- (D) The extent to which continuing resolutions negatively impact Department maintenance work.
- (2) The effects of preparations for and operations of Department personnel under continuing resolutions, including the following:
- (A) The time spent by Senior Executive Service personnel and general and flag officers in preparations for and responses to the enactment of continuing resolutions, set forth by average per year and average per continuing resolution.
- (B) The time spent by other Department personnel in preparations for and implementation of continuing resolutions.
- (C) The extent to which Department personnel take more time to focus on budget execution under a continuing resolution when compared with a full year appropriation.
- (D) The extent to which continuing resolutions negatively impact the ability of managers at the Department to hire.
- (3) The funding issues of the Department associated with continuing resolutions, including the extent to which the Department has requested so-called “anomalies” or exceptions to limitations on duration, amount, or purposes of funds that otherwise apply to interim funding under continuing resolutions, including the following (beginning with fiscal year 2010):
- (A) The number and absolute value of programs affected by continuing resolutions restrictions on new starts.
- (B) The number and absolute value of programs affected by continuing resolutions restrictions on production increases.
- (C) The number and absolute value of such exceptions requested by the Department.
- (D) The percentage of such exceptions, in both numbers and dollar amount, included in continuing resolutions.
- (E) The total cumulative delay due to continuing resolutions in programs funded through procurement or research, development, test, and evaluation.
- (F) The amount by which the budget of the Department has been misaligned either between or within accounts due to continuing resolutions, set forth by budget category 050 and amount, together with adjustments for length of the continuing resolution concerned.
- (c) Continuing resolution defined— In this section, the term continuing resolution means a continuing resolution or similar partial-year appropriation providing funds for the Department of Defense pending enactment of a full-year appropriation for the Department.
## Sec. 6012 Integrated public alert and warning system — added
- (a) Definitions— In this section—
- (1) the term Administrator means the Administrator of the Agency;
- (2) the term Agency means the Federal Emergency Management Agency;
- (3) the term public alert and warning system means the integrated public alert and warning system of the United States described in section 526 of the Homeland Security Act of 2002 (6 U.S.C. 321o);
- (4) the term Secretary means the Secretary of Homeland Security; and
- (5) the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
- (b) Integrated public alert and warning system—
- (1) In general— Not later than 1 year after the date of enactment of this Act, the Administrator shall develop minimum requirements for State, Tribal, and local governments to participate in the public alert and warning system and that are necessary to maintain the integrity of the public alert and warning system, including—
- (A) guidance on the categories of public emergencies and appropriate circumstances that warrant an alert and warning from State, Tribal, and local governments using the public alert and warning system;
- (B) the procedures for State, Tribal, and local government officials to authenticate civil emergencies and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols and technology capabilities for—
- (i) the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual;
- (ii) testing a State, Tribal, or local government incident management and warning tool without accidentally initiating an alert through the public alert and warning system; and
- (iii) steps a State, Tribal, or local government official should take to mitigate the possibility of the issuance of a false alert through the public alert and warning system;
- (C) the standardization, functionality, and interoperability of incident management and warning tools used by State, Tribal, and local governments to notify the public of an emergency through the public alert and warning system;
- (D) the annual training and recertification of emergency management personnel on requirements for originating and transmitting an alert through the public alert and warning system;
- (E) the procedures, protocols, and guidance concerning the protective action plans that State, Tribal, and local governments shall issue to the public following an alert issued under the public alert and warning system;
- (F) the procedures, protocols, and guidance concerning the communications that State, Tribal, and local governments shall issue to the public following a false alert issued under the public alert and warning system;
- (G) a plan by which State, Tribal, and local government officials may, during an emergency, contact each other as well as Federal officials and participants in the Emergency Alert System and the Wireless Emergency Alert System, when appropriate and necessary, by telephone, text message, or other means of communication regarding an alert that has been distributed to the public; and
- (H) any other procedure the Administrator considers appropriate for maintaining the integrity of and providing for public confidence in the public alert and warning system.
- (2) Coordination with National Advisory Council report— The Administrator shall ensure that the minimum requirements developed under paragraph (1) do not conflict with recommendations made for improving the public alert and warning system provided in the report submitted by the National Advisory Council under section 2(b)(7)(B) of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114–143; 130 Stat. 332).
- (3) Public consultation— In developing the minimum requirements under paragraph (1), the Administrator shall ensure appropriate public consultation and, to the extent practicable, coordinate the development of the requirements with stakeholders of the public alert and warning system, including—
- (A) appropriate personnel from Federal agencies, including the National Institute of Standards and Technology, the Agency, and the Federal Communications Commission;
- (B) representatives of State and local governments and emergency services personnel, who shall be selected from among individuals nominated by national organizations representing those governments and personnel;
- (C) representatives of Federally recognized Indian tribes and national Indian organizations;
- (D) communications service providers;
- (E) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services;
- (F) third-party service bureaus;
- (G) the national organization representing the licensees and permittees of noncommercial broadcast television stations;
- (H) technical experts from the broadcasting industry;
- (I) educators from the Emergency Management Institute; and
- (J) other individuals with technical expertise as the Administrator determines appropriate.
- (4) Inapplicability of FACA— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the public consultation with stakeholders under paragraph (3).
- (c) Incident management and warning tool validation—
- (1) In general— The Administrator shall establish a process to ensure that an incident management and warning tool used by a State, Tribal, or local government to originate and transmit an alert through the public alert and warning system meets the requirements developed by the Administrator under subsection (b)(1).
- (2) Requirements— The process required to be established under paragraph (1) shall include—
- (A) the ability to test an incident management and warning tool in the public alert and warning system lab;
- (B) the ability to certify that an incident management and warning tool complies with the applicable cyber frameworks of the Department of Homeland Security and the National Institute of Standards and Technology;
- (C) a process to certify developers of emergency management software; and
- (D) requiring developers to provide the Administrator with a copy of and rights of use for ongoing testing of each version of incident management and warning tool software before the software is first used by a State, Tribal, or local government.
- (d) Review and update of memoranda of understanding—
- (1) In general— The Administrator shall review the memoranda of understanding between the Agency and State, Tribal, and local governments with respect to the public alert and warning system to ensure that all agreements ensure compliance with the requirements developed by the Administrator under subsection (b)(1).
- (e) Future memoranda— The Administrator shall ensure that any new memorandum of understanding entered into between the Agency and a State, Tribal, or local government on or after the date of enactment of this Act with respect to the public alert and warning system ensures that the agreement requires compliance with the requirements developed by the Administrator under subsection (b)(1).
- (f) Missile alert and warning authorities—
- (1) In general—
- (A) Authority— On and after the date that is 120 days after the date of enactment of this Act, the authority to originate an alert warning the public of a missile launch directed against a State using the public alert and warning system shall reside primarily with the Federal Government.
- (B) Delegation of authority— The Secretary may delegate the authority described in subparagraph (A) to a State, Tribal, or local entity if, not later than 180 days after the date of enactment of this Act, the Secretary submits a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that—
- (i) it is not feasible for the Federal Government to alert the public of a missile threat against a State; or
- (ii) it is not in the national security interest of the United States for the Federal Government to alert the public of a missile threat against a State.
- (C) Activation of system— Upon verification of a missile threat, the President, utilizing established authorities, protocols and procedures, may activate the public alert and warning system.
- (D) Rule of construction— Nothing in this paragraph shall be construed to change the command and control relationship between entities of the Federal Government with respect to the identification, dissemination, notification, or alerting of information of missile threats against the United States that was in effect on the day before the date of enactment of this Act.
- (2) Required processes— The Secretary, acting through the Administrator, shall establish a process to promptly notify a State warning point, and any State entities that the Administrator determines appropriate, following the issuance of an alert described in paragraph (1)(A) so the State may take appropriate action to protect the health, safety, and welfare of the residents of the State.
- (3) Guidance— The Secretary, acting through the Administrator, shall work with the Governor of a State warning point to develop and implement appropriate protective action plans to respond to an alert described in paragraph (1)(A) for that State.
- (4) Study and report— Not later than 1 year after the date of enactment of this Act, the Secretary shall—
- (A) examine the feasibility of establishing an alert designation under the public alert and warning system that would be used to alert and warn the public of a missile threat while concurrently alerting a State warning point so that a State may activate related protective action plans; and
- (B) submit a report of the findings under subparagraph (A), including of the costs and timeline for taking action to implement an alert designation described in subparagraph (A), to—
- (i) the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate;
- (ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
- (iii) the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives; and
- (iv) the Committee on Homeland Security of the House of Representatives.
- (g) Use of integrated public alert and warning system lab— Not later than 1 year after the date of enactment of this Act, the Administrator shall—
- (1) develop a program to increase the utilization of the public alert and warning system lab of the Agency by State, Tribal, and local governments to test incident management and warning tools and train emergency management professionals on alert origination protocols and procedures; and
- (2) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing—
- (A) the impact on utilization of the public alert and warning system lab by State, Tribal, and local governments resulting from the program developed under paragraph (1); and
- (B) any further recommendations that the Administrator would make for additional statutory or appropriations authority necessary to increase the utilization of the public alert and warning system lab by State, Tribal, and local governments.
- (h) Awareness of alerts and warnings— Not later than 1 year after the date of enactment of this Act, the Administrator shall—
- (1) conduct a review of the National Watch Center and each Regional Watch Center of the Agency; and
- (2) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the review conducted under paragraph (1), which shall include—
- (A) an assessment of the technical capability of the National and Regional Watch Centers described in paragraph (1) to be notified of alerts and warnings issued by a State through the public alert and warning system;
- (B) a determination of which State alerts and warnings the National and Regional Watch Centers described in paragraph (1) should be aware of; and
- (C) recommendations for improving the ability of the National and Regional Watch Centers described in paragraph (1) to receive any State alerts and warnings that the Administrator determines are appropriate.
- (i) Timeline for compliance— Each State shall be given a reasonable amount of time to comply with any new rules, regulations, or requirements imposed under this section.
## Sec. 6013 Report on impact of Liberian nationals on the national security, foreign policy, and economic and humanitarian interests of the United States and a justification for adjustment of status of qualifying Liberians to that of lawful permanent residents — added
- (a) Findings— Congress makes the following findings:
- (1) In 1989, a seven-year civil war broke out in Liberia that—
- (A) claimed the lives of an estimated 200,000 people;
- (B) displaced over 1/2 of the Liberian population;
- (C) halted food production; and
- (D) destroyed the infrastructure and economy of Liberia.
- (2) A second civil war then followed from 1999 to 2003, further destabilizing Liberia and creating more turmoil and hardship for Liberians.
- (3) In total, the two civil wars in Liberia killed up to an estimated 1/4 million individuals.
- (4) From 2014 to 2016, Liberia faced an Ebola virus outbreak that devastated the fragile health system of Liberia and killed nearly 5,000 individuals.
- (5) As a result of these devastating events, thousands of Liberians sought refuge in the United States, living and working here under Temporary Protected Status (TPS) and Deferred Enforced Departure (DED), extended under both Republican and Democratic administrations beginning in 1991 with the administration of President George H. W. Bush.
- (6) These law-abiding and taxpaying Liberians have made homes in the United States, have worked hard, played by the rules, paid their dues, and submitted to rigorous vetting. Many such Liberians have United States citizen children who have served in the Armed Forces, and in some cases have themselves served in that capacity.
- (7) The Liberian community in the United States has also contributed greatly to private sector investment and socioeconomic assistance in Liberia by providing remittances to relatives in Liberia.
- (8) While there was a positive development in 2017 with the first democratic transfer of power in more than 70 years, the Department of State has identified the capital and most populous city of Liberia, Monrovia, as being a critical-threat location for crime. Access to healthcare remains limited, critical infrastructure is lacking, and widespread corruption coupled with low wages and a weak economic recovery has left the country vulnerable to civil unrest.
- (b) Report—
- (1) In general— Not later than December 31, 2019, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report on the impact of Liberian nationals on the national security, foreign policy, and economic, and humanitarian interests of the United States and a justification for adjustment of status of qualifying Liberians to that of lawful permanent residents.
- (2) Elements— The report required by paragraph (1) shall include the following:
- (A) The number of current or former Liberian nationals and their children who have served or are currently serving in the Armed Forces.
- (B) The amount of remittances sent by current or former Liberian nationals to relatives in Liberia and an assessment of the impact on the economic development of Liberia if these remittances were to cease.
- (C) The economic and tax contributions that Liberian nationals and their children have made to the United States.
- (D) An assessment of the impact on the United States of adjusting the status of Liberian nationals who have continuous physical presence in the United States beginning on November 20, 2014, and ending on the date of the enactment of this Act, or for adjusting the status of the spouses, children, and unmarried sons or daughters of such Liberian nationals.
- (c) Qualifying Liberian—
- (1) In general— In this section, the term qualifying Liberian means and alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who—
- (A)
- (i) is a national of Liberia; and
- (ii) has been continuously present in the United States during the period beginning on November 20, 2014, and ending on the date of the enactment of this Act;
- (B) is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A);
- (C) is otherwise eligible to receive an immigrant visa; and
- (D) is admissible to the United States for permanent residence, except that the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.
- (2) Exceptions— The term qualifying Liberian does not include any alien who—
- (A) has been convicted of any aggravated felony;
- (B) has been convicted of 2 or more crimes involving moral turpitude (other than a purely political offense); or
- (C) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
- (3) Determination of continuous physical presence— For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence based on 1 or more absences from the United States for 1 or more periods amounting, in the aggregate, to not more than 180 days.
## Sec. 6014 Improving quality of information in background investigation request packages — added
- (a) Report on metrics and best practices— Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Counterintelligence and Security Agency, which serves as the primary executive branch service provider for background investigations for eligibility for access to classified information, eligibility to hold a sensitive position, and for suitability and fitness for other matters pursuant to Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information), shall, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established under such executive order, submit to Congress a report on—
- (1) metrics for assessing the completeness and quality of packages for background investigations submitted by agencies requesting background investigations from the Defense Counterintelligence and Security Agency;
- (2) rejection rates of background investigation submission packages due to incomplete or erroneous data, by agency; and
- (3) best practices for ensuring full and complete information in background investigation requests.
- (b) Annual report on performance— Not later than 270 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Security, Suitability, and Credentialing Performance Accountability Council shall submit to Congress a report on performance against the metrics and return rates identified in paragraphs (1) and (2) of subsection (a).
- (c) Improvement plans—
- (1) Identification— Not later than one year after the date of the enactment of this Act, executive agents under Executive Order 13467 (50 U.S.C. 3161 note) shall identify agencies in need of improvement with respect to the quality of the information in the background investigation submissions of the agencies as reported in subsection (b).
- (2) Plans— Not later than 90 days after an agency is identified under paragraph (1), the head of the agency shall provide the executive agents referred to in such paragraph with a plan to improve the performance of the agency with respect to the quality of the information in the agency's background investigation submissions.
## Sec. 6015 Limitation on certain rolling stock procurements; cybersecurity certification for rail rolling stock and operations — added
- Section 5323 of title 49, United States Code, is amended by adding at the end the following:
- “(u) Limitation on certain rolling stock procurements
- “(1) In general—Except as provided in paragraph (5), financial assistance made available under this chapter shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock—
- “(A) is incorporated in or has manufacturing facilities in the United States; and
- “(B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
- “(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
- “(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and
- “(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
- “(2) Exception—For purposes of paragraph (1), the term otherwise related legally or financially does not include a minority relationship or investment.
- “(3) International agreements—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.
- “(4) Certification for rail rolling stock
- “(A) In general—Except as provided in paragraph (5), as a condition of financial assistance made available in a fiscal year under section 5337, a recipient that operates rail fixed guideway service shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in paragraph (1).
- “(B) Separate certification—The certification required under this paragraph shall be in addition to any certification the Secretary establishes to ensure compliance with the requirements of paragraph (1).
- “(5) Exception—This subsection, including the certification requirement under paragraph (4), shall not apply to the award of a contract or subcontract made by a public transportation agency with a rail rolling stock manufacturer described in paragraph (1) if the manufacturer and the public transportation agency have a contract for rail rolling stock that was executed before the date of enactment of this subsection.
- “(v) Cybersecurity certification for rail rolling stock and operations
- “(1) Certification—As a condition of financial assistance made available under this chapter, a recipient that operates a rail fixed guideway public transportation system shall certify that the recipient has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks.
- “(2) Compliance—For the process required under paragraph (1), a recipient of assistance under this chapter shall—
- “(A) utilize the approach described by the voluntary standards and best practices developed under section 2(c)(15) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as applicable;
- “(B) identify hardware and software that the recipient determines should undergo third-party testing and analysis to mitigate cybersecurity risks, such as hardware or software for rail rolling stock under proposed procurements; and
- “(C) utilize the approach described in any voluntary standards and best practices for rail fixed guideway public transportation systems developed under the authority of the Secretary of Homeland Security, as applicable.
- “(3) Limitations on statutory construction—Nothing in this subsection shall be construed to interfere with the authority of—
- “(A) the Secretary of Homeland Security to publish or ensure compliance with requirements or standards concerning cybersecurity for rail fixed guideway public transportation systems; or
- “(B) the Secretary of Transportation under section 5329 to address cybersecurity issues as those issues relate to the safety of rail fixed guideway public transportation systems.”
## Sec. 6016 Sense of Congress on the naming of a naval vessel in honor of Senior Chief Petty Officer Shannon Kent — added
- (a) Findings— Congress makes the following findings:
- (1) Senior Chief Petty Officer Shannon M. Kent was born in Owego, New York.
- (2) Senior Chief Petty Officer Kent enlisted in the United States Navy on December 10, 2003.
- (3) Senior Chief Petty Officer Kent was fluent in four languages and four dialects of Arabic.
- (4) Senior Chief Petty Officer Kent served five combat tours throughout 15 years of service in the Navy.
- (5) On January 16, 2019, at 35 years of age, Senior Chief Petty Officer Kent was killed in a suicide bombing in Manbij, Syria, while supporting Joint Task Force-Operation Inherent Resolve.
- (6) Senior Chief Petty Officer Kent was the recipient of the Bronze Star, the Purple Heart, two Joint Service Commendation Medals, the Navy and Marine Corps Commendation Medal, the Army Commendation Medal, and the Joint Service Achievement Medal, among other decorations and awards.
- (7) Senior Chief Petty Officer Kent was among the first women to deploy with Special Operations Forces and was the first female to graduate from the hard skills program for non-SEALs.
- (8) Senior Chief Petty Officer Kent is survived by her husband and two children.
- (b) Sense of Congress— It is the sense of Congress that the Secretary of the Navy should name the next available naval vessel appropriate for such name in honor of Senior Chief Petty Officer Shannon Kent.
## Sec. 6017 Authorization of appropriations for Defense Production Act of 1950 — added
- Section 711 of the Defense Production Act of 1950 (50 U.S.C. 4561) is amended by striking “$133,000,000” and all that follows and inserting the following: “for the carrying out of the provisions and purposes of this Act by the President and such agencies as he may designate or create—
- “(1) $250,000,000 for each of fiscal years 2020 through 2024; and
- “(2) $133,000,000 for fiscal year 2025 and each fiscal year thereafter.”
## Sec. 6018 Investment in supply chain security under Defense Production Act of 1950 — added
- (a) In general— Section 303 of the Defense Production Act of 1950 (50 U.S.C. 4533) is amended by adding at the end the following:
- “(h) Investment in supply chain security
- “(1) In general—The President may make available to an eligible entity described in paragraph (2) payments to increase the security of supply chains and supply chain activities, if the President certifies to Congress not less than 30 days before making such a payment that the payment is in the national security interests of the United States.
- “(2) Eligible entity—An eligible entity described in this paragraph is an entity that—
- “(A) is organized under the laws of the United States or any jurisdiction within the United States; and
- “(B) produces—
- “(i) one or more critical components;
- “(ii) critical technology; or
- “(iii) one or more products for the increased security of supply chains or supply chain activities.
- “(3) Definitions—In this subsection, the terms supply chain and supply chain activities have the meanings given those terms by the President by regulation under section 6019(b) of the National Defense Authorization Act for Fiscal Year 2020.”
- (b) Regulations—
- (1) In general— Not later than 90 days after the date of the enactment of this Act, the President shall prescribe regulations setting forth definitions for the terms supply chain and supply chain activities for the purposes of section 303(h) of the Defense Production Act of 1950 (50 U.S.C. 4533(h)), as added by subsection (a).
- (2) Scope of definitions— The definitions required by paragraph (1)—
- (A) shall encompass—
- (i) the organization, people, activities, information, and resources involved in the delivery and operation of a product or service used by the Government; or
- (ii) critical infrastructure as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience); and
- (B) may include variations for specific sectors or Government functions.
## Sec. 6019 Aviation workforce development — added
- (a) In general— Section 625(c)(1) of the FAA Reauthorization Act of 2018 (Public Law 115–254) is amended—
- (1) in subparagraph (C), by striking “or” after the semicolon;
- (2) in subparagraph (D), by striking the period and inserting “; or”; and
- (3) by adding at the end the following:
- “(E) an organization representing aircraft users, aircraft owners, or aircraft pilots.”
- (b) Effective Date— The amendments made by subsection (a) shall take effect as if included in the enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254).
## Sec. 6020 Little Shell Tribe of Chippewa Indians of Montana — added
- (a) Findings— Congress finds that—
- (1) the Little Shell Tribe of Chippewa Indians is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States;
- (2) the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, which also are political successors to the signatories of the Pembina Treaty of 1863, have been recognized by the Federal Government as distinct Indian tribes;
- (3) the members of the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State of North Dakota as described in paragraph (1);
- (4) in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”);
- (5) Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”);
- (6) due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize;
- (7) in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”), the Tribe continued to exist as a separate community, with leaders exhibiting clear political authority;
- (8) the Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, filed 2 law suits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the “Indian Claims Commission Act”), to petition for additional compensation for land ceded to the United States under the Pembina Treaty of 1863 and the McCumber Agreement of 1892;
- (9) in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8);
- (10) in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and
- (11) the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s.
- (b) Definitions— In this section:
- (1) Member— The term “member” means an individual who is enrolled in the Tribe pursuant to subsection (f).
- (2) Secretary— The term “Secretary” means the Secretary of the Interior.
- (3) Tribe— The term “Tribe” means the Little Shell Tribe of Chippewa Indians of Montana.
- (c) Federal recognition—
- (1) In general— Federal recognition is extended to the Tribe.
- (2) Effect of federal laws— Except as otherwise provided in this section, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”), shall apply to the Tribe and members.
- (d) Federal services and benefits—
- (1) In general— Beginning on the date of enactment of this Act, the Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to—
- (A) the existence of a reservation for the Tribe; or
- (B) the location of the residence of any member on or near an Indian reservation.
- (2) Service area— For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana.
- (e) Reaffirmation of rights—
- (1) In general— Nothing in this section diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act.
- (2) Claims of tribe— Except as otherwise provided in this section, nothing in this section alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act.
- (f) Membership roll—
- (1) In general— As a condition of receiving recognition, services, and benefits pursuant to this section, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe.
- (2) Determination of membership— The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution).
- (3) Maintenance of roll— The Tribe shall maintain the membership roll under this subsection.
- (g) Acquisition of land—
- (1) Homeland— The Secretary shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base.
- (2) Additional land— The Secretary may acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 (25 U.S.C. 5108) (commonly known as the “Indian Reorganization Act”).
## Sec. 6021 Pensacola dam and reservoir, Grand River, Oklahoma — added
- (a) Purpose— The purpose of this section is to clarify Federal authorities and responsibilities relating to the Pensacola Dam and Reservoir.
- (b) Definitions— In this section:
- (1) Commission— The term Commission means the Federal Energy Regulatory Commission.
- (2) Conservation pool— The term conservation pool means all land and water of Grand Lake O’ the Cherokees, Oklahoma, below elevation 745 feet (Pensacola Datum).
- (3) Flood pool— The term flood pool means all land and water of Grand Lake O’ the Cherokees, Oklahoma, between elevation 745 feet and elevation 755 feet (Pensacola Datum).
- (4) Project— The term project means the Pensacola Hydroelectric Project (FERC No. 1494).
- (5) Secretary— The term “Secretary” means the Secretary of the Army.
- (c) Conservation pool management—
- (1) Federal land— Notwithstanding section 3(2) of the Federal Power Act (16 U.S.C. 796(2)), Federal land within the project boundary, including any right, title, or interest in or to land held by the United States for any purpose, shall not be considered to be—
- (A) a reservation for purposes of section 4(e) of that Act (16 U.S.C. 797(e));
- (B) land or other property of the United States for purposes of recompensing the United States for the use, occupancy, or enjoyment of the land under section 10(e)(1) of that Act (16 U.S.C. 803(e)(1)); or
- (C) land of the United States for purposes of section 24 of that Act (16 U.S.C. 818).
- (2) License conditions—
- (A) In general— Notwithstanding any other provision of law, the Commission shall not include in any license for the project any condition or other requirement relating to—
- (i) surface elevations of the conservation pool; or
- (ii) the flood pool (except to the extent it references flood control requirements prescribed by the Secretary); or
- (iii) land or water above an elevation of 750 feet (Pensacola Datum)
- (B) Exception— Notwithstanding subparagraph (A)(i), the Commission shall, in consultation with the licensee, prescribe flexible target surface elevations of the conservation pool to the extent necessary for the protection of life, health, property, or the environment.
- (3) Project scope—
- (A) Licensing jurisdiction— The licensing jurisdiction of the Commission for the project shall not extend to any land or water outside the project boundary.
- (B) Outside infrastructure— Any land, water, or physical infrastructure or other improvement outside the project boundary shall not be considered to be part of the project.
- (C) Boundary amendment—
- (i) In general— The Commission shall amend the project boundary only on request of the project licensee.
- (ii) Denial of request— The Commission may deny a request to amend a project boundary under clause (i) if the Commission determines that the request is inconsistent with the requirements of part I of the Federal Power Act (16 U.S.C. 792 et seq.).
- (d) Flood pool management—
- (1) Exclusive jurisdiction— Notwithstanding any other provision of law, the Secretary shall have exclusive jurisdiction and responsibility for management of the flood pool for flood control operations at Grand Lake O’ the Cherokees.
- (2) Property acquisition— If a feasibility study or other investigation determines that flood control operations at or associated with Pensacola Dam, including any backwater effect, may result in the inundation of, or damage to, land outside the project boundary to which the United States does not hold flowage rights or holds insufficient flowage rights, the project licensee shall not have any obligation to obtain or enhance those flowage rights.
- (e) Savings provision— Nothing in this section affects, with respect to the project—
- (1) any authority or obligation of the Secretary or the Chief of Engineers pursuant to section 2 of the Act of June 28, 1938 (commonly known as the “Flood Control Act of 1938”) (33 U.S.C. 701c–1);
- (2) any authority of the Secretary or the Chief of Engineers pursuant to section 7 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (33 U.S.C. 709);
- (3) any obligation of the United States to obtain flowage or other property rights pursuant to the Act of July 31, 1946 (60 Stat. 743, chapter 710);
- (4) any obligation of the United States to acquire flowage or other property rights for additional reservoir storage pursuant to Executive Order 9839 (12 Fed. Reg. 2447; relating to the Grand River Dam Project);
- (5) any authority of the Secretary to acquire real property interest pursuant to section 560 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3783);
- (6) any obligation of the Secretary to conduct and pay the cost of a feasibility study pursuant to section 449 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2641);
- (7) the National Flood Insurance Program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), including any policy issued under that Act; or
- (8) any disaster assistance made available under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or other Federal disaster assistance program.
## Sec. 6201 Statement of policy and sense of Senate on Mutual Defense Treaty with the Republic of the Philippines — added
- (a) Statement of policy— It is the policy of the United States that—
- (1) while the United States has long adopted an approach that takes no position on the ultimate disposition of the disputed sovereignty claims in the South China Sea, disputing States should—
- (A) resolve their disputes peacefully without the threat or use of force; and
- (B) ensure that their maritime claims are consistent with international law; and
- (2) an attack on the armed forces, public vessels, or aircraft of the Republic of the Philippines in the Pacific, including the South China Sea, would trigger the mutual defense obligations of the United States under Article IV of the Mutual Defense Treaty between the Republic of the Philippines and the United States of America, done at Washington August 30, 1951, “to meet common dangers in accordance with its constitutional processes”.
- (b) Sense of Senate— It is the sense of the Senate that the Secretary of State and the Secretary of Defense should—
- (1) affirm the commitment of the United States to the Mutual Defense Treaty between the United States and the Republic of the Philippines;
- (2) preserve and strengthen the alliance of the United States with the Republic of the Philippines;
- (3) prioritize efforts to develop a shared understanding of alliance commitments and defense planning; and
- (4) provide appropriate support to the Republic of the Philippines to strengthen the self-defense capabilities of the Republic of the Philippines, particularly in the maritime domain.
## Sec. 6202 Sense of Senate on enhanced cooperation with Pacific Island countries to establish open-source intelligence fusion centers in the Indo-Pacific region — added
- It is the sense of the Senate that—
- (1) the Pacific Island countries in the Indo-Pacific region are critical partners of the United States;
- (2) the United States should take steps to enhance collaboration with Pacific Island countries;
- (3) United States Indo-Pacific Command should pursue the establishment of one or more open-source intelligence fusion centers in the Indo-Pacific region to enhance cooperation with Pacific Island countries, which may include participation in an existing fusion center of a partner or ally in lieu of establishing an entirely new fusion center; and
- (4) the United States should continue to support the political, economic, and security partnerships among Australia, New Zealand, and other Pacific Island countries.
## Sec. 6203 Two-year extension of program authority for Global Security Contingency Fund — added
- (a) Ineffectiveness of section 1203— Section 1203, and the amendments made by that section, shall have no force or effect.
- (b) Two-year extension and availability of funds— Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note) is amended—
- (1) in subsection (i)—
- (A) in paragraph (1), by striking “September 30, 2019” and inserting “September 30, 2021”; and
- (B) by amending paragraph (2) to read as follows:
- “(2) Exception—Amounts appropriated and transferred to the Fund before September 30, 2019, shall remain available for obligation and expenditure after that date, but only for activities under programs commenced under subsection (b) before September 30, 2019.”
- (2) in subsection (o)—
- (A) in the first sentence, by striking “September 30, 2019” and inserting “September 30, 2021”; and
- (B) in the second sentence, by striking “through 2019” and inserting “through 2021”.
## Sec. 6204 Repeal of prohibition on transfer of articles on the United States munitions list to the Republic of Cyprus — added
- (a) Sense of the senate on cyprus— It is the sense of the Senate that—
- (1) allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and
- (2) it is in the interest of the United States—
- (A) to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus; and
- (B) for the Republic of Cyprus to join NATO’s Partnership for Peace program.
- (b) Modification of prohibition— Section 620C(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended—
- (1) in paragraph (1), by striking “Any agreement” and inserting “Except as provided in paragraph (3), any agreement”; and
- (2) by adding at the end the following new paragraph:
- “(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.”
- (c) Exclusion of the Government of the Republic of Cyprus from certain related regulations—
- (1) In general— Subject to subsection (d) and except as provided in paragraph (2), beginning on the date of the enactment of this Act, the Secretary of State shall not apply a policy of denial for exports, re-exports, or transfers of defense articles and defense services destined for or originating in the Republic of Cyprus if—
- (A) the request is made by or on behalf of the Government of the Republic of Cyprus; and
- (B) the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.
- (2) Exception— This exclusion shall not apply to any denial based upon credible human rights concerns.
- (d) Limitations on the transfer of articles on the United States Munitions List to the Republic of Cyprus—
- (1) In general— The policy of denial for exports, re-exports, or transfers of defense articles on the United States Munitions List to the Republic of Cyprus shall remain in place unless the President determines and certifies to the appropriate congressional committees not less than annually that—
- (A) the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and
- (B) the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.
- (2) Waiver— The President may waive the limitations contained in this subsection for one fiscal year if the President determines that it is essential to the national security interests of the United States to do so.
- (3) Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
- (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
- (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
## Sec. 6205 United States-India defense cooperation in the Western Indian Ocean — added
- (a) Report—
- (1) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant congressional committees a report on defense cooperation between the United States and India in the Western Indian Ocean.
- (2) Matters to be included— The report required by paragraph (1) shall include the following:
- (A) A description of military activities of the United States and India, separately, in the Western Indian Ocean.
- (B) A description of military cooperation activities between the United States and India in the areas of humanitarian assistance, counter terrorism, counter piracy, maritime security, and other areas as the Secretary determines appropriate.
- (C) A description of how the relevant geographic combatant commands coordinate their activities with the Indian military in the Western Indian Ocean.
- (D) A description of the mechanisms in place to ensure the relevant geographic combatant commands maximize defense cooperation with India in the Western Indian Ocean.
- (E) Areas of future opportunity to increase military engagement with India in the Western Indian Ocean.
- (3) Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
- (b) Military cooperation agreements; conduct of regular joint military training and operations— The Secretary of Defense is authorized to enter into military cooperation agreements and to conduct regular joint military training and operations with India in the Western Indian Ocean on behalf of the United States Government, and after consultation with the Secretary of State.
- (c) Mechanisms to maximize defense cooperation— The Secretary of Defense shall ensure that the relevant geographic combatant commands have proper mechanisms in place to maximize defense cooperation with India in the Western Indian Ocean.
- (d) Definitions— In this section:
- (1) Relevant congressional committees— The term relevant congressional committees means—
- (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
- (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
- (2) Relevant geographic combatant commands— The term relevant geographic combatant commands means the United States Indo-Pacific Command, United States Central Command, and United States Africa Command.
- (3) Western Indian Ocean— The term Western Indian Ocean means the area in the Indian Ocean extending from the west coast of India to the east coast of Africa.
## Sec. 6206 Expansion of availability of financial assets of Iran to victims of terrorism — added
- (a) Findings— Congress makes the following findings:
- (1) On October 23, 1983, terrorists sponsored by the Government of Iran bombed the United States Marine barracks in Beirut, Lebanon. The terrorists killed 241 servicemen and injured scores more.
- (2) Those servicemen were killed or injured while on a peacekeeping mission.
- (3) Terrorism sponsored by the Government of Iran threatens the national security of the United States.
- (4) The United States has a vital interest in ensuring that members of the Armed Forces killed or injured by such terrorism, and the family members of such members, are able to seek justice.
- (b) Amendments— Section 502 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8772) is amended—
- (1) in subsection (a)(1)—
- (A) in subparagraph (A), by striking “in the United States” and inserting “by or”;
- (B) in subparagraph (B), by inserting “, or an asset that would be blocked if the asset were located in the United States,” after “unblocked)”; and
- (C) in the flush text at the end—
- (i) by inserting after “in aid of execution” the following: “, or to an order directing that the asset be brought to the State in which the court is located and subsequently to execution or attachment in aid of execution,”; and
- (ii) by inserting “, without regard to concerns relating to international comity” after “resources for such an act”;
- (2) in subsection (b)—
- (A) by striking “that are identified” and inserting the following: “that are—
- “(1) identified”
- (B) by striking the period at the end and inserting “; and”; and
- (C) by adding at the end the following:
- “(2) identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 13 Civ. 9195 (LAP).”
- (3) by striking subsection (e).
## Sec. 6207 Report on export of certain satellites to entities with certain beneficial ownership structures — added
- (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the heads of appropriate agencies, shall submit to the appropriate congressional committees a report on addressing the threat or potential threat posed by the export, reexport, or in-country transfer of satellites described in section 1261(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 22 U.S.C. 2778 note) to entities described in subsection (b).
- (b) Entities described—
- (1) In general— An entity described in this subsection is an entity the beneficial owner of which is—
- (A) an individual who is a citizen or national of a country described in section 1261(c)(2) of the National Defense Authorization Act for Fiscal Year 2013;
- (B) an entity organized under the laws of or otherwise subject to the jurisdiction of such a country;
- (C) the government of such a country; or
- (D) any other individual or entity the Secretary determines may detrimentally affect the national security of the United States.
- (2) Determination of beneficial ownership— For purposes of paragraph (1), the Secretary shall identify a person as the beneficial owner of an entity—
- (A) in a manner that is not less stringent than the manner set forth in section 240.13d–3 of title 17, Code of Federal Regulations (as in effect on the date of the enactment of this Act); and
- (B) based on a threshold, to be determined by the Secretary, based on an assessment of whether the person's position would give the person an opportunity to control the use of a satellite described in section 1261(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 and exported, reexported, or transferred in country to the entity.
- (c) Elements— The report required by subsection (a) shall include the following:
- (1) An evaluation of whether satellites described in section 1261(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 have been exported, reexported, or transferred in-country, directly or indirectly, to entities described in subsection (b).
- (2) An examination of the effect on national security of the potential export, reexport, or in-country transfer of satellites in compliance with section 1261(c) of the National Defense Authorization Act for Fiscal Year 2013 in circumstances in which the services, bandwidth, or functions of the satellites could subsequently be leased or sold to, or otherwise used by, an entity described in subsection (b).
- (3) An examination of the effect on national security of not limiting the export, reexport, or in-country transfer of such satellites to entities described in subsection (b).
- (4) Recommendations for, and an assessment of the effectiveness of, a licensing condition that would prohibit or limit the export, reexport, or in-country transfer of such satellites to, or the use of such satellites by, entities described in subsection (b).
- (5) An assessment, based on realistic and justifiable assumptions and forecasts, of the economic implications of and potential harm caused by a licensing condition described in paragraph (4) on the United States industries that develop or produce satellites and commercial telecommunications equipment that do not have direct national security ties, including any costs identified under paragraph (3).
- (6) An evaluation of the resources necessary to ensure the ability of the Bureau of Industry and Security of the Department of Commerce—
- (A) to adequately identify and analyze the beneficial owners of entities in decisions relating to—
- (i) issuing licenses for the export, reexport, or in-country transfer of such satellites to such entities; or
- (ii) the ultimate end uses and end-users of such satellites; and
- (B) when evaluating such a decision—
- (i) to have full knowledge of the potential end-user of the satellite and the current beneficial owner of the entity; and
- (ii) to be able to determine whether issuing the license would be inconsistent with the goal of preventing entities described in subsection (b) from accessing or using such satellites.
- (d) Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
- (e) Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
- (1) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
- (2) the Committee on Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
## Sec. 6208 Sense of Congress on Hong Kong port visits — added
- It is the sense of Congress that the Department of Defense should continue to make regular requests to the Government of the People's Republic of China for the Navy to conduct port calls to Hong Kong, including United States aircraft carrier visits.
## Sec. 6209 Sense of Congress on policy toward Hong Kong — added
- (a) Findings— Congress makes the following findings:
- (1) The United States policy toward Hong Kong is guided by the United States-Hong Kong Policy Act of 1992 (Public Law 102–383; 106 Stat. 1448) (referred to in this section as the “Act”), which reaffirms that “The Hong Kong Special Administrative Region of the People's Republic of China, beginning on July 1, 1997, will continue to enjoy a high degree of autonomy on all matters other than defense and foreign affairs.”.
- (2) The Act furthermore states that “The human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong.”.
- (3) Pursuant to section 301 of the Act (22 U.S.C. 5731), the annual report issued by the Department of State on developments in Hong Kong (referred to in this section as the “Report”), released on March 21, 2019, states that “Cooperation between the United States Government and the Hong Kong government remains broad and effective in many areas, providing significant benefits to the United States economy and homeland security.”.
- (4) The Report states that “the Chinese mainland central government implemented or instigated a number of actions that appeared inconsistent with China’s commitments in the Basic Law, and in the Sino-British Joint Declaration of 1984, to allow Hong Kong to exercise a high degree of autonomy.”.
- (5) The Report furthermore states that the “Hong Kong authorities took actions aligned with mainland priorities at the expense of human rights and fundamental freedoms. There were particular setbacks in democratic electoral processes, freedom of expression, and freedom of association.”.
- (6) On June 10, 2019, the spokesporson for the Department of State issued a statement expressing “grave concern about the Hong Kong government’s proposed amendments to its Fugitive Offenders Ordinance, which, if passed, would permit Chinese authorities to request the extradition of individuals to mainland China.”.
- (7) According to media reports, in June 2019, over 1,000,000 residents of Hong Kong have taken part in demonstrations against the proposed amendments to the Fugitive Offenders Ordinance.
- (b) Sense of Congress— It is the sense of Congress that—
- (1) the government of the People’s Republic of China and the Hong Kong Special Administrative Region of the People's Republic of China authorities should immediately cease taking all actions that undermine Hong Kong’s autonomy and negatively impact the protections of fundamental human rights, freedoms, and democratic values of the people of Hong Kong, as enshrined in the Act, Hong Kong’s Basic Law of 1997, and the Sino-British Joint Declaration of 1984;
- (2) the Hong Kong Special Administrative Region of the People's Republic of China authorities should immediately withdraw from consideration the proposed amendments to its Fugitive Offenders Ordinance and refrain from any unwarranted use of force against the protestors that is inconsistent with internationally recognized law enforcement best practices; and
- (3) the United States should impose financial sanctions, visa bans, and other punitive economic measures against all individuals or entities violating the fundamental human rights and freedoms of the people of Hong Kong, consistent with United States and international law.
## Sec. 6210 Extension and modification of limitation on military cooperation between the United States and the Russian Federation — added
- Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), as most recently amended by section 1247 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is further amended—
- (1) in the matter preceding paragraph (1), by striking “fiscal year 2017, 2018, or 2019” and inserting “fiscal year 2017, 2018, 2019, or 2020”;
- (2) in paragraph (1) by striking “; and”;
- (3) in paragraph (2) by striking the period at the end and inserting “; and”; and
- (4) by adding at the end the following new paragraph:
- “(3) the Russian Federation has released the 24 Ukrainian sailors captured in the Kerch Strait on November 25, 2018.”
## Sec. 6211 Review and report on obligations of the United States under Taiwan Relations Act — added
- (a) Sense of Congress— It is the sense of Congress that—
- (1) Taiwan is a vital partner of the United States and a critical element of the free and open Indo-Pacific region;
- (2) for 40 years, the Taiwan Relations Act (22 U.S.C. 3301 et seq.) has secured peace, stability, and prosperity and provided enormous benefits to the United States, Taiwan, and the Indo-Pacific region; and
- (3) the United States should reaffirm that the policy of the United States toward diplomatic relations with the People's Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, as described in that Act (22 U.S.C. 3301 et seq.).
- (b) Review— The Secretary of Defense, in coordination with the Secretary of State, shall conduct a review of—
- (1) whether, and the means by which, as applicable, the Government of the People's Republic of China is affecting, including through military, economic, information, digital, diplomatic, or any other form of coercion—
- (A) the security, or the social and economic system, of the people of Taiwan;
- (B) the military balance of power between the People's Republic of China and Taiwan; or
- (C) the expectation that the future of Taiwan will continue to be determined by peaceful means; and
- (2) the role of United States policy toward Taiwan with respect to the implementation of the 2017 National Security Strategy and the 2018 National Defense Strategy.
- (c) Report—
- (1) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a report on the review under subsection (b).
- (2) Matters to be included— The report under paragraph (1) shall include the following:
- (A) Recommendations on legislative changes or Department of Defense or Department of State policy changes necessary to ensure that the United States continues to meets its obligations to Taiwan under the Taiwan Relations Act (22 U.S.C. 3301 et seq.).
- (B) Guidelines for—
- (i) new defense requirements, including requirements relating to information and digital space;
- (ii) exchanges between senior-level civilian and military officials of the United States and Taiwan; and
- (iii) the regular transfer of defense articles, especially defense articles that are mobile, survivable, and cost effective, to most effectively deter attacks and support the asymmetric defense strategy of Taiwan.
- (d) Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
- (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
- (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
## Sec. 6212 Implementation of the Asia Reassurance Initiative Act with regard to Taiwan arms sales — added
- (a) Findings— Congress makes the following findings:
- (1) The Department of Defense Indo-Pacific Strategy Report, released on June 1, 2019, states: “[T]he Asia Reassurance Initiative Act, a major bipartisan legislation, was signed into law by President Trump on December 31, 2018. This legislation enshrines a generational whole-of-government policy framework that demonstrates U.S. commitment to a free and open Indo-Pacific region and includes initiatives that promote sovereignty, rule of law, democracy, economic engagement, and regional security.”.
- (2) The Indo-Pacific Strategy Report further states: “The United States has a vital interest in upholding the rules-based international order, which includes a strong, prosperous, and democratic Taiwan…The Department [of Defense] is committed to providing Taiwan with defense articles and services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability.”.
- (3) Section 209(b) of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409), signed into law on December 31, 2018—
- (A) builds on longstanding commitments enshrined in the Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide Taiwan with defense articles; and
- (B) states: “The President should conduct regular transfers of defense articles to Taiwan that are tailored to meet the existing and likely future threats from the People’s Republic of China, including supporting the efforts of Taiwan to develop and integrate asymmetric capabilities, as appropriate, including mobile, survivable, and cost-effective capabilities, into its military forces.”.
- (b) Sense of Congress— It is the sense of Congress that—
- (1) the Asia Reassurance Initiative Act of 2018 (Public Law 115–409) has recommitted the United States to support the close, economic, political, and security relationship between the United States and Taiwan; and
- (2) the United States should fully implement the provisions of that Act with regard to regular defensive arms sales to Taiwan.
- (c) Briefing— Not later than 30 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, or their designees, shall brief the appropriate committees of Congress on the efforts to implement section 209(b) of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409).
- (d) Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
- (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
- (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
## Sec. 6213 North Atlantic Treaty Organization Joint Forces Command — added
- (a) In general— Subchapter II of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section:
- “314 North Atlantic Treaty Organization Joint Forces Command
- “(a) Authorization—The Secretary of Defense shall authorize the establishment of, and the participation by members of the armed forces in, the North Atlantic Treaty Organization Joint Forces Command (in this section referred to as the “Joint Forces Command”), to be established in the United States.
- “(b) Use of Department of Defense facilities and equipment—The Secretary may use facilities and equipment of the Department of Defense to support the Joint Forces Command.
- “(c) Availability of funds—Amounts authorized to be appropriated to the Department of Defense for fiscal year 2020 shall be available to carry out the purposes of this section.”
- (b) Conforming amendment— The table of sections at the beginning of subchapter II of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item:
## Sec. 6214 Report on military activities of the Russian Federation and the People's Republic of China in the Arctic region — added
- (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate committees of Congress the following:
- (1) A report on the military activities of the Russian Federation in the Arctic region.
- (2) A report on the military activities of the People's Republic of China in the Arctic region.
- (b) Matters to be included— The reports under subsection (a) shall include, with respect to the Russian Federation or the People's Republic of China, as applicable, the following:
- (1) A description of military activities of such country in the Arctic region, including—
- (A) the emplacement of military infrastructure, equipment, or forces;
- (B) any exercises or other military activities; and
- (C) activities that are non-military in nature, but are considered to have military implications.
- (2) An assessment of—
- (A) the intentions of such activities;
- (B) the extent to which such activities affect or threaten the interests of the United States and allies in the Arctic region; and
- (C) any response to such activities by the United States or allies.
- (3) A description of future plans and requirements with respect to such activities.
- (c) Form— Each report under subsection (a) shall be submitted in classified form, but may include an unclassified executive summary.
- (d) Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
- (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
- (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
## Sec. 6215 Efforts to ensure meaningful participation of Afghan women in peace negotiations in Afghanistan — added
- (a) In general— The Secretary of State, in coordination with the Secretary of Defense, shall carry out activities to ensure the meaningful participation of Afghan women in the ongoing peace process in Afghanistan in a manner consistent with the Women, Peace, and Security Act of 2017 (22 U.S.C. 2151 note; Public Law 115–68), which shall include—
- (1) continued United States Government advocacy for the inclusion of Afghan women leaders in ongoing and future negotiations to end the conflict in Afghanistan; and
- (2) support for the inclusion of constitutional protections on women’s and girls’ human rights that ensure their freedom of movement, rights to education and work, political participation, and access to healthcare and justice in any agreement reached through intra-Afghan negotiations, including negotiations with the Taliban.
- (b) Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate committees of Congress a report describing the steps taken to fulfill the duties of the Secretary of State and the Secretary of Defense under subsection (a).
- (c) Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
- (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
- (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
## Sec. 6216 Updated strategy to counter the threat of malign influence by the Russian Federation and other countries — added
- (a) In general— The Secretary of Defense and the Secretary of State, in coordination with the appropriate United States Government officials, shall jointly update, with the additional elements described in subsection (b), the comprehensive strategy to counter the threat of malign influence developed pursuant to section 1239A of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1667).
- (b) Additional elements— The updated strategy required under subsection (a) shall include the following:
- (1) With respect to each element specified in paragraphs (1) through (7) of subsection (b) of such section 1239A, actions to counter the threat of malign influence operations by the People's Republic of China and any other country engaged in significant malign influence operations.
- (2) A description of the interagency organizational structures and procedures for coordinating the implementation of the comprehensive strategy for countering malign influence by the Russian Federation, the People's Republic of China, and any other country engaged in significant malign influence operations.
- (c) Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report detailing the updated strategy required under subsection (a).
- (d) Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress has the meaning given the term in subsection (e) of such section 1239A.
## Sec. 6217 Modification of semiannual report on enhancing security and stability in Afghanistan — added
- Paragraph (1) of section 1225(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3550) is amended—
- (1) in the paragraph heading by inserting “and taking into account the August 2017 strategy of the United States” after “2014”; and
- (2) in subparagraph (B)—
- (A) by striking the period at the end and inserting a semicolon;
- (B) by striking “in the assessment of any such” and inserting “in the assessment of—
- “(i) any such”
- (C) by adding at the end the following new clauses:
- “(ii) the United States counterterrorism mission; and
- “(iii) efforts by the Department of Defense to support reconciliation efforts and develop conditions for the expansion of the reach of the Government of Afghanistan throughout Afghanistan.”
## Sec. 6218 Sense of Congress on acquisition by Turkey of S–400 air defense system — added
- It is the sense of Congress that—
- (1) Turkey is an important North Atlantic Treaty Organization ally and military partner;
- (2) the acquisition by the Government of Turkey of the S–400 air defense system from the Russian Federation—
- (A) undermines—
- (i) the security interests of the United States; and
- (ii) the air defense of Turkey;
- (B) weakens the interoperability of the North Atlantic Treaty Organization; and
- (C) is incompatible with the plan of the Government of Turkey—
- (i) to accept delivery of and operate the F–35 aircraft; and
- (ii) to continue to participate in F–35 aircraft production and maintenance;
- (3) the United States and other member countries of the North Atlantic Treaty Organization have put forth several viable and competitive proposals to protect the vulnerable airspace of Turkey and to ensure the security and integrity of Turkey as a North Atlantic Treaty Organization ally;
- (4) Russian Federation aggression on the periphery of Turkey, including in Georgia, Ukraine, the Black Sea, and Syria, and especially the indiscriminate bombing by the Russian Federation of the Idlib province of Syria on the border of Turkey and the incursions of Russian Federation warplanes into the airspace of Turkey on November 24, 2015, and other occasions, endangers the security of Turkey;
- (5) the termination of the participation of Turkey in the F–35 program and supply chain, which may still be avoided if the Government of Turkey abandons its planned acquisition of the S–400 air defense system, would cause significant harm to the growing defense industry and economy of Turkey; and
- (6) if the Government of Turkey accepts delivery of the S–400 air defense system—
- (A) such acceptance would—
- (i) constitute a significant transaction within the meaning of section 231(a) of the Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9525(a));
- (ii) endanger the integrity of the North Atlantic Treaty Organization Alliance and pose a significant threat to Turkey;
- (iii) adversely affect ongoing operations of the United States Armed Forces, including coalition operations in which the United States Armed Forces participate;
- (iv) result in a significant impact to defense cooperation between the United States and Turkey; and
- (v) significantly increase the risk of compromising United States defense systems and operational capabilities; and
- (B) the President should fully implement the Countering Russian Influence in Europe and Eurasia Act of 2017 (Public Law 115–44; 131 Stat. 886) by imposing and applying sanctions under section 235 of that Act (22 U.S.C. 9529) with respect to any individual or entity determined to have engaged in such significant transaction as if such person were a sanctioned person for purposes of such section.
## Sec. 6219 Modification of initiative to support protection of national security academic researchers from undue influence and other security threats — added
- Paragraph (2) of section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended to read as follows:
- “(2) Training, developed and delivered in consultation with academic institutions, and other support to academic institutions to promote security and limit undue influence on institutions and personnel, including financial support for execution for such activities, that—
- “(A) emphasizes best practices for protection of sensitive national security information; and
- “(B) includes the dissemination of unclassified publications and resources for identifying and protecting against emerging threats to academic research institutions, including specific counterintelligence guidance developed for faculty and academic researchers based on specific threats.”
## Sec. 6231 Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea — added
- The text of subsection (a) of section 1231 is hereby deemed to read as follows:
- “(a) Prohibition—None of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea, and the Department may not otherwise implement any such activity.”
## Sec. 6236 Limitation on transfer of F–35 aircraft to the Republic of Turkey — added
- The text of subsection (a) of section 1236 preceding paragraph (1) is hereby deemed to read as follows:
- “(a) Limitation—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense, may be used to do the following, and the Department may not otherwise do the following:”
## Sec. 6401 Assessment of rare earth supply chain issues — added
- (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Defense Logistics Agency, shall submit to Congress a report assessing issues relating to the supply chain for rare earth materials.
- (b) Elements— The report required by subsection (a) shall include the following:
- (1) An assessment of the rare earth materials in the reserves held by the United States.
- (2) A estimate of the needs of the United States for such materials—
- (A) in general; and
- (B) to support a major near-peer conflict such as is outlined in war game scenarios included in the 2018 National Defense Strategy.
- (3) An assessment of the extent to which substitutes for such materials are available.
## Sec. 6422 Expansion of eligibility for residence at the Armed Force Retirement Home — added
- Section 1422, and the amendments made by that section, shall have no force or effect.
## Sec. 6501 Review of Joint Improvised-Threat Defeat Organization research relating to humanitarian demining efforts — added
- (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the research of the Joint Improvised-Threat Defeat Organization to identify information that may be released to United States humanitarian demining organizations for the purpose of improving the efficiency and effectiveness of humanitarian demining efforts.
- (b) Report to Congress— The Secretary shall submit a report to the congressional defense committees detailing the research identified under subsection (a).
## Sec. 6511 Establishment of lead Inspector General for an overseas contingency operation based on Secretary of Defense notification — added
- (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”
- (2) in subsection (d)(1), by striking “the commencement or designation of the military operation concerned as an overseas contingency operation that exceeds 60 days” and inserting “the earlier of—
- “(A) the commencement or designation of the military operation concerned as an overseas contingency operation that exceeds 60 days; or
- “(B) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation”
## Sec. 6512 Clarification of authority of Inspectors General for overseas contingency operations — added
- 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.”
- (2) by adding at the end the following:
- “(I) To enhance cooperation among Inspectors General and encourage comprehensive oversight of the contingency operation, any Inspector General responsible for conducting oversight of any program or operation performed in support of the contingency operation may, to the maximum extent practicable and consistent with the duties, responsibilities, policies, and procedures of such Inspector General—
- “(i) coordinate such oversight activities with the lead Inspector General; and
- “(ii) provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G).”
## Sec. 6513 Employment status of annuitants for Inspectors General for overseas contingency operations — added
- 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.”
- (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. 6601 Annual report on development of ground-based strategic deterrent weapon — added
- (a) Report required— Not later than February 15, 2020, and annually thereafter until the date on which the ground-based strategic deterrent weapon receives Milestone C approval (as defined in section 2366 of title 10, United States Code), the Secretary of the Air Force, in coordination with the Administrator for Nuclear Security and the Chairman of the Nuclear Weapons Council, shall submit to the congressional defense committees a report describing the joint development of the ground-based strategic deterrent weapon, including the missile developed by the Air Force and the W87–1 warhead modification program conducted by the National Nuclear Security Administration.
- (b) Elements— The report required by subsection (a) shall include the following:
- (1) An estimate of the date on which the ground-based strategic deterrent weapon will reach initial operating capability.
- (2) A description of any development milestones for the missile developed by the Air Force or the warhead developed by the National Nuclear Security Administration that depend on corresponding progress at the other agency.
- (3) A description of coordination efforts between the Air Force and the National Nuclear Security Administration during the year preceding submission of the report.
- (4) A description of any schedule delays projected by the Air Force or the National Nuclear Security Administration, including delays related to infrastructure capacity and subcomponent production, and the anticipated effect such delays would have on the schedule of work of the other agency.
- (5) Plans to mitigate the effects of any delays described in paragraph (4).
- (6) A description of any ways, including through the availability of additional funding or authorities, in which the development milestones described in paragraph (2) or the estimated date of initial operating capability referred to in paragraph (1) could be achieved more quickly.
- (c) Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
## Sec. 6602 Sense of Senate on support for a robust and modern ICBM force to maximize the value of the nuclear triad of the United States — added
- (a) Findings— The Senate makes the following findings:
- (1) Land-based intercontinental ballistic missiles (in this section referred to as “ICBMs”) have been a critical part of the strategic deterrent of the United States for 6 decades in conjunction with air and sea-based strategic delivery systems.
- (2) President John F. Kennedy referred to the deployment of the first Minuteman missile during the Cuban Missile Crisis as his “ace in the hole”.
- (3) The Minuteman III missile entered service in 1970 and is still deployed in 2019, well beyond its originally intended service life.
- (4) The ICBM force of the United States peaked at more than 1,200 deployed missiles during the Cold War.
- (5) The ICBM force of the United States currently consists of approximately 400 Minuteman III missiles deployed across 450 operational missile silos, each carrying a single warhead.
- (6) The Russian Federation currently deploys at least 300 ICBMs with multiple warheads loaded on each missile and has announced plans to replace its Soviet-era systems with modernized ICBMs.
- (7) The People’s Republic of China currently deploys at least 75 ICBMs and plans to grow its ICBM force through the deployment of modernized, road-mobile ICBMs that carry multiple warheads.
- (8) The Russian Federation and the People’s Republic of China deploy nuclear weapons across a variety of platforms in addition to their ICBM forces.
- (9) Numerous countries possess or are seeking to develop nuclear weapons capabilities that pose challenges to the nuclear deterrence of the United States.
- (10) The nuclear deterrent of the United States is comprised of a triad of delivery systems for nuclear weapons, including submarine-launched ballistic missiles (in this subsection referred to as “SLBMs”), air-delivered gravity bombs and cruise missiles, and land-based ballistic missiles that provide interlocking and mutually reinforcing attributes that enhance strategic deterrence.
- (11) Weakening one leg of the triad limits the deterrent value of the other legs of the triad.
- (12) In the nuclear deterrent of the United States, ICBMs provide commanders with the most prompt response capability, SLBMs provide stealth and survivability, and aircraft armed with nuclear weapons provide flexibility.
- (13) The ICBM force of the United States forces any would-be attacker to confront more than 400 discrete targets, thus creating an effectively insurmountable targeting problem for a potential adversary.
- (14) The size, dispersal, and global reach of the ICBM force of the United States ensures that no adversary can escalate a crisis beyond the ability of the United States to respond.
- (15) A potential attacker would be forced to expend far more warheads to destroy the ICBMs of the United States than the United States would lose in an attack, because of the deployment of a single warhead on each ICBM of the United States.
- (16) The ICBM force provides a persistent deterrent capability that reinforces strategic stability.
- (17) ICBMs are the cheapest delivery system for nuclear weapons for the United States to operate and maintain.
- (18) United States Strategic Command has validated military requirements for the unique capabilities of ICBMs.
- (19) In a 2014 analysis of alternatives, the Air Force concluded that replacing the Minuteman III missile would provide upgraded capabilities at lower cost when compared with extending the service life of the Minuteman III missile.
- (20) The Minuteman III replacement program, known as the ground-based strategic deterrent, is expected to provide a land-based strategic deterrent capability for 5 decades after the program enters service.
- (b) Sense of the Senate— It is the sense of the Senate that—
- (1) land-based ICBMs have certain characteristics, including responsiveness, persistence, and dispersal, that enhance strategic stability and magnify the deterrent value of the air and sea-based legs of the nuclear triad of the United States;
- (2) ICBMs have played and continue to play a role in deterring attacks on the United States and its allies;
- (3) while arms control agreements have reduced the size of the ICBM force of the United States, adversaries of the United States continue to enhance, enlarge, and modernize their ICBM forces;
- (4) the modernization of the ICBM force of the United States through the ground-based strategic deterrent program should be supported;
- (5) ICBMs have the lowest operation, maintenance, and modernization costs of any part of the nuclear deterrent of the United States; and
- (6) unilaterally reducing the size of the ICBM force of the United States or delaying the implementation of the ground-based strategic deterrent program would degrade the deterrent capabilities of a fully operational and modernized nuclear triad and should not take place at the present time.
## Sec. 6603 Reports by military departments on operation of conventional forces under employment or threat of employment of nuclear weapons — added
- (a) In general— Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the Navy, and the Commandant of the Marine Corps shall each submit to the congressional defense committees a report detailing the measures taken by the appropriate Secretary or the Commandant to ensure the ability of conventional forces to operate effectively under employment or threat of employment of nuclear weapons by the United States, an ally of the United States, or an adversary of the United States.
- (b) Form of report— Each report required by subsection (a) shall be submitted in classified form but shall be accompanied by an unclassified summary appropriate for release to the public.
## Sec. 6604 Reports by United States European Command and United States Indo-Pacific Command on operation of certain conventional forces under employment or threat of employment of nuclear weapons — added
- (a) In general— Not later than one year after the date of the enactment of this Act, the Commander of the United States European Command and the Commander of the United States Indo-Pacific Command, in consultation with the Commander of the United States Strategic Command, shall each submit to the congressional defense committees a report detailing the measures taken by the Commander to ensure the ability of conventional forces under the authority of the Commander to execute contingency plans under employment or threat of employment of nuclear weapons by the United States, an ally of the United States, or an adversary of the United States.
- (b) Form of report— The report required by subsection (a) shall be submitted in classified form but shall be accompanied by an unclassified summary appropriate for release to the public.
## Sec. 6605 Joint assessment of Department of Defense cyber red team capabilities, capacity, demand, and requirements — added
- (a) Joint assessment required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, Principal Cyber Advisor, and the Director of Operational Test and Evaluation—
- (1) conduct a joint assessment of Department cyber red team capabilities, capacity, demand, and future requirements that affect the Department’s ability to develop, test, and maintain secure systems in a cyber environment; and
- (2) brief the congressional defense committees on the results of the joint assessment.
- (b) Elements— The joint assessment required by subsection (a)(1) shall—
- (1) specify demand for cyber red team support for acquisition and operations;
- (2) specify shortfalls in meeting demand and future requirements, disaggregated by the Department of Defense and by each of the military departments;
- (3) examine funding and retention initiatives to increase cyber red team capacity to meet demand and future requirements identified to support the testing, training, and development communities;
- (4) examine the feasibility and benefit of developing and procuring a common Red Team Integrated Capabilities Stack that better utilizes increased capacity of cyber ranges and better models the capabilities and tactics, techniques, and procedures of adversaries;
- (5) examine the establishment of oversight and assessment metrics for Department cyber red teams;
- (6) assess the implementation of common development for tools, techniques, and training;
- (7) assess potential industry and academic partnerships and services;
- (8) assess the mechanisms and procedures in place to deconflict red-team activities and defensive cyber operations on active networks;
- (9) assess the use of Department cyber personnel in training as red team support;
- (10) assess the use of industry and academic partners and contractors as red team support and the cost- and resource-effectiveness of such support; and
- (11) assess the need for permanent, high-end dedicated red-teaming activities to model sophisticated adversaries’ attacking critical Department systems and infrastructure.
## Sec. 6606 Report on the expanded purview of the Defense Counterintelligence and Security Agency — added
- (a) Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the Defense Counterintelligence and Security Agency.
- (b) Contents— The report submitted under subsection (a) shall include the following:
- (1) Identification of the resources and authorities appropriate for the Inspector General for the expanded purview of the Defense Counterintelligence and Security Agency.
- (2) Identification of the resources and authorities needed to perform the civil liberties and privacy officer function of the Defense Counterintelligence and Security Agency.
- (3) An assessment of the security protocols in effect for personally identifiable information held by the Defense Counterintelligence and Security Agency.
- (4) An assessment of the governance structure of the Defense Counterintelligence and Security Agency as it relates to the Department of Defense, including with respect to status, authorities, and leadership.
- (5) An assessment of the governance structure of the Defense Counterintelligence and Security Agency as it relates to interagency partners, including the Office of Management and Budget, the Office of the Director of National Intelligence, and the Office of Personnel Management.
- (6) The methodology the Defense Counterintelligence and Security Agency will prioritize requests for background investigation requests from government agencies and industry.
## Sec. 6664 Prohibition on reduction of the intercontinental ballistic missiles of the United States — added
- The text of subsection (a) of section 1664 is hereby deemed to read as follows:
- “(a) Prohibition—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:
- “(1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.
- “(2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.”
## Sec. 6701 Definition of Administrator — added
- In this title, the term Administrator means the Administrator of the Environmental Protection Agency.
## Sec. 6711 Additions to toxics release inventory — added
- (a) Definition of toxics release inventory— In this section, the term toxics release inventory means the toxics release inventory under section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)).
- (b) Immediate inclusion—
- (1) In general— Subject to subsection (e), beginning January 1 of the calendar year following the date of enactment of this Act, the following chemicals shall be deemed to be included in the toxics release inventory:
- (A) Perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335–67–1).
- (B) The salt associated with the chemical described in subparagraph (A) (Chemical Abstracts Service No. 3825–26–1).
- (C) Perfluorooctane sulfonic acid (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763–23–1).
- (D) The salts associated with the chemical described in subparagraph (C) (Chemical Abstract Service Nos. 45298–90–6, 29457–72–5, 56773–42–3, 29081–56–9, 4021–47–0, 111873–33–7, and 91036–71–4).
- (E) A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is—
- (i) listed as an active chemical substance in the February 2019 update to the inventory under section 8(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and
- (ii) on the date of enactment of this Act, subject to the provisions of—
- (I) section 721.9582 of title 40, Code of Federal Regulations; or
- (II) section 721.10536 of title 40, Code of Federal Regulations.
- (2) Threshold for reporting—
- (A) In general— Subject to subparagraph (B), the threshold for reporting the chemicals described in paragraph (1) under section 313(f)(1) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(1)) is 100 pounds.
- (B) Revisions— Not later than 5 years after the date of enactment of this Act, the Administrator shall—
- (i) determine whether revision of the threshold under subparagraph (A) is warranted; and
- (ii) if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)).
- (c) Inclusion following assessment—
- (1) In general— Subject to subsection (e), a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances shall be automatically included in the toxics release inventory beginning January 1 of the calendar year after any of the following dates:
- (A) Establishment of toxicity value— The date on which the Administrator establishes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
- (B) Significant new use rule— The date on which the Administrator finalizes a significant new use rule under subsection (a)(2) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604), except a significant new use rule promulgated in connection with an order issued under subsection (e) of that section, for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
- (C) Addition to existing significant new use rule— The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is added to a list of substances covered by a significant new use rule previously promulgated under subsection (a)(2) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604), except a significant new use rule promulgated in connection with an order issued under subsection (e) of that section.
- (D) Addition as active chemical substance— The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is on a list of substances covered by a significant new use rule under subsection (a)(2) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604), except a significant new use rule promulgated in connection with an order issued under subsection (e) of that section, is—
- (i) added to the inventory under subsection (b)(1) of section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) and designated as an active chemical substance under subsection (b)(5)(A) of that section; or
- (ii) designated as an active chemical substance on the inventory in accordance with subsection (b)(5)(B) of that section.
- (2) Threshold for reporting—
- (A) In general— Subject to subparagraph (B), the threshold for reporting under section 313(f)(1) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11203(f)(1)) the substances and classes of substances included in the toxics release inventory under paragraph (1) is 100 pounds.
- (B) Revisions— Not later than 5 years after the date of enactment of this Act, the Administrator shall—
- (i) determine whether revision of the thresholds under subparagraph (A) is warranted; and
- (ii) if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)).
- (d) Inclusion following determination—
- (1) In general— To the extent not already subject to subsection (b), not later than 2 years after the date of enactment of this Act, the Administrator shall determine whether the substances and classes of substances described in paragraph (2) meet the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics release inventory.
- (2) Substances described— The substances and classes of substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances, including—
- (A) hexafluoropropylene oxide dimer acid (Chemical Abstracts Service No. 13252–13–6);
- (B) the compounds associated with the chemical described in subparagraph (A) (Chemical Abstracts Service Nos. 62037–80–3 and 2062–98–8);
- (C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] ammonium salt (Chemical Abstracts Service No. 908020–52–0);
- (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts Service No. 2479–75–6);
- (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-(trifluoromethoxy) propionic acid (Chemical Abstracts Service No. 2479–73–4);
- (F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] (Chemical Abstracts Service No. 919005–14–4);
- (G) the salts associated with the chemical described in subparagraph (F) (Chemical Abstracts Service Nos. 958445–44–8, 1087271–46–2, and NOCAS_892452);
- (H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt (Chemical Abstracts Service No. 59587–38–1);
- (I) perfluorobutanesulfonic acid (Chemical Abstracts Service No. 375–73–5);
- (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical Abstracts Service No. 29420–49–3);
- (K) the component associated with the chemical described in subparagraph (J) (Chemical Abstracts Service No. 45187–15–3);
- (L) heptafluorobutyric acid (Chemical Abstracts Service No. 375–22–4);
- (M) perfluorohexanoic acid (Chemical Abstracts Service No. 307–24–4);
- (N) each perfluoroalkyl or polyfluoroalkly substance or class of perfluoroalkyl or polyfluoroalkyl substances for which a method to measure levels in drinking water has been validated by the Administrator; and
- (O) a perfluoroalkyl and polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances other than the chemicals described in subparagraphs (A) through (N) that is used to manufacture fluoropolymers, as determined by the Administrator.
- (3) Addition to toxics release inventory— Subject to subsection (e), if the Administrator determines under paragraph (1) that a substance or a class of substances described in paragraph (2) meets the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise the toxics release inventory to include that substance or class of substances not later than 2 years after the date on which the Administrator makes the determination.
- (e) Confidential business information—
- (1) In general— Prior to including on the toxics release inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances the chemical identity of which is subject to a claim of a person of protection from disclosure under subsection (a) of section 552 of title 5, United States Code, pursuant to subsection (b)(4) of that section, the Administrator shall—
- (A) review that claim of protection from disclosure; and
- (B) require that person to reassert and substantiate or resubstantiate that claim in accordance with section 14(f) of the Toxic Substances Control Act (15 U.S.C. 2613(f)).
- (2) Nondisclosure of protection information— If the Administrator determines that the chemical identity of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances qualifies for protection from disclosure under paragraph (1), the Administrator shall include the substance or class of substances, as applicable, on the toxics release inventory in a manner that does not disclose the protected information.
- (f) Emergency Planning and Community Right-To-Know Act of 1986— Section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended—
- (1) by striking the period at the end and inserting “; and”;
- (2) by striking “are those chemicals” and inserting the following: “are—
- “(1) the chemicals”
- (3) by adding at the end the following:
- “(2) the chemicals included under subsections (b)(1), (c)(1), and (d)(3) of section 6711 of the National Defense Authorization Act for Fiscal Year 2020.”
## Sec. 6721 National primary drinking water regulations for PFAS — added
- Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)) is amended by adding at the end the following:
- “(D) Perfluoroalkyl and polyfluoroalkyl substances
- “(i) In general—Not later than 2 years after the date of enactment of this subparagraph, the Administrator shall promulgate a national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances, which shall, at a minimum, include standards for—
- “(I) perfluorooctanoic acid (commonly referred to as “PFOA”); and
- “(II) perfluorooctane sulfonic acid (commonly referred to as “PFOS”).
- “(ii) Alternative procedures
- “(I) In general—Not later than 1 year after the validation by the Administrator of an equally effective quality control and testing procedure to ensure compliance with that national primary drinking water regulation to measure the levels described in subclause (II) or other methods to detect and monitor perfluoroalkyl and polyfluoroalkyl substances in drinking water, the Administrator shall add the procedure or method as an alternative to the quality control and testing procedure described in that national primary drinking water regulation by publishing the procedure or method in the Federal Register.
- “(II) Levels described—The levels referred to in subclause (I) are—
- “(aa) the level of a perfluoroalkyl or polyfluoroalkyl substance;
- “(bb) the total levels of perfluoroalkyl and polyfluoroalkyl substances; and
- “(cc) the total levels of organic fluorine.
- “(iii) Inclusions—The Administrator may include a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances on—
- “(I) the list of contaminants for consideration of regulation under paragraph (1)(B)(i); and
- “(II) the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i).
- “(iv) Monitoring—When establishing monitoring requirements for public water systems as part of a national primary drinking water regulation under clause (i) or clause (vi)(II), the Administrator shall tailor the monitoring requirements for public water systems that do not detect or are reliably and consistently below the maximum contaminant level (as defined in section 1418(b)(2)(B)) for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances subject to the national primary drinking water regulation.
- “(v) Health risk reduction and cost analysis—In meeting the requirements of paragraph (3)(C), the Administrator may rely on information available to the Administrator with respect to 1 or more specific perfluoroalkyl or polyfluoroalkyl substances to extrapolate reasoned conclusions regarding the health risks and effects of a class of perfluoroalkyl or polyfluoroalkyl substances of which the specific perfluoroalkyl or polyfluoroalkyl substances are a part.
- “(vi) Regulation of additional substances
- “(I) Determination—The Administrator shall make a determination under paragraph (1)(A), using the criteria described in clauses (i) through (iii) of that paragraph, whether to include a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances in the national primary drinking water regulation under clause (i) not later than 18 months after the later of—
- “(aa) the date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is listed on the list of contaminants for consideration of regulation under paragraph (1)(B)(i); and
- “(bb) the date on which—
- “(AA) the Administrator has received the results of monitoring under section 1445(a)(2)(B) for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substance; or
- “(BB) the Administrator has received finished water data or finished water monitoring surveys for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances from a Federal or State agency that the Administrator determines to be sufficient to make a determination under paragraph (1)(A).
- “(II) Primary drinking water regulations
- “(aa) In general—For each perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that the Administrator determines to regulate under subclause (I), the Administrator—
- “(AA) not later than 18 months after the date on which the Administrator makes the determination, shall propose a national primary drinking water regulation for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances; and
- “(BB) may publish the proposed national primary drinking water regulation described in subitem (AA) concurrently with the publication of the determination to regulate the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
- “(bb) Deadline
- “(AA) In general—Not later than 1 year after the date on which the Administrator publishes a proposed national primary drinking water regulation under item (aa)(AA) and subject to subitem (BB), the Administrator shall take final action on the proposed national primary drinking water regulation.
- “(BB) Extension—The Administrator, on publication of notice in the Federal Register, may extend the deadline under subitem (AA) by not more than 6 months.
- “(vii) Lifetime drinking water health advisory
- “(I) In general—Subject to subclause (II), the Administrator shall publish a health advisory under paragraph (1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances not later than 1 year after the later of—
- “(aa) the date on which the Administrator finalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances; and
- “(bb) the date on which the Administrator validates an effective quality control and testing procedure for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substance, if such a procedure did not exist on the date on which the toxicity value described in item (aa) was finalized.
- “(II) Waiver—The Administrator may waive the requirements of subclause (I) with respect to a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl and polyfluoroalkyl substances if the Administrator determines that there is a substantial likelihood that the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances will not occur in drinking water.”
## Sec. 6722 Monitoring and detection — added
- (a) Monitoring program for unregulated contaminants—
- (1) In general— The Administrator shall include each substance described in paragraph (2) in the fifth publication of the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)).
- (2) Substances described— The substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances—
- (A) for which a method to measure the level in drinking water has been validated by the Administrator; and
- (B) that are not subject to a national primary drinking water regulation under clause (i) or (vi)(II) of subparagraph (D) of section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)).
- (3) Exception— The perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances included in the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)) under paragraph (1) shall not count towards the limit of 30 unregulated contaminants to be monitored by public water systems under that section.
- (b) Applicability—
- (1) In general— The Administrator shall—
- (A) require public water systems serving more than 10,000 persons to monitor for the substances described in subsection (a)(2);
- (B) subject to paragraph (2) and the availability of appropriations, require public water systems serving not fewer than 3,300 and not more than 10,000 persons to monitor for the substances described in subsection (a)(2); and
- (C) subject to paragraph (2) and the availability of appropriations, ensure that only a representative sample of public water systems serving fewer than 3,300 persons are required to monitor for the substances described in subsection (a)(2).
- (2) Requirement— If the Administrator determines that there is not sufficient laboratory capacity to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1), the Administrator may waive the monitoring requirements in those subparagraphs.
- (3) Funds— The Administrator shall pay the reasonable cost of such testing and laboratory analysis as is necessary to carry out the monitoring required under paragraph (1) from—
- (A) funds made available under subsection (a)(2)(H) or (j)(5) of section 1445 of the Safe Drinking Water Act (42 U.S.C. 300j–4); or
- (B) any other funds made available for that purpose.
## Sec. 6723 Enforcement — added
- Notwithstanding any other provision of law, the Administrator may not impose financial penalties for the violation of a national primary drinking water regulation (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)) with respect to a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances for which a national primary drinking water regulation has been promulgated under clause (i) or (vi) of subparagraph (D) of section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)) earlier than the date that is 5 years after the date on which the Administrator promulgates the national primary drinking water regulation.
## Sec. 6724 Drinking water state revolving funds — added
- 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.”
## Sec. 6731 Definitions — added
- In this subtitle:
- (1) Director— The term “Director” means the Director of the United States Geological Survey.
- (2) Perfluorinated compound—
- (A) In general— The term “perfluorinated compound” means a perfluoroalkyl substance or a polyfluoroalkyl substance that is manmade with at least 1 fully fluorinated carbon atom.
- (B) Definitions— In this definition:
- (i) Fully fluorinated carbon atom— The term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.
- (ii) Nonfluorinated carbon atom— The term nonfluorinated carbon atom means a carbon atom on which no hydrogen substituents have been replaced by fluorine.
- (iii) Partially fluorinated carbon atom— The term partially fluorinated carbon atom means a carbon atom on which some, but not all, of the hydrogen substituents have been replaced by fluorine.
- (iv) Perfluoroalkyl substance— The term perfluoroalkyl substance means a manmade chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
- (v) Polyfluoroalkyl substance— The term polyfluoroalkyl substance means a manmade chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.
## Sec. 6732 Performance standard for the detection of perfluorinated compounds — added
- (a) In general— The Director shall establish a performance standard for the detection of perfluorinated compounds.
- (b) Emphasis—
- (1) In general— In developing the performance standard under subsection (a), the Director shall emphasize the ability to detect as many perfluorinated compounds present in the environment as possible using analytical methods that—
- (A) achieve limits of quantitation (as defined in the document of the United States Geological Survey entitled “Analytical Methods for Chemical Analysis of Geologic and Other Materials, U.S. Geological Survey” and dated 2002); and
- (B) are as sensitive as is feasible and practicable.
- (2) Requirement— In developing the performance standard under subsection (a), the Director may—
- (A) develop quality assurance and quality control measures to ensure accurate sampling and testing;
- (B) develop a training program with respect to the appropriate method of sample collection and analysis of perfluorinated compounds; and
- (C) coordinate with the Administrator, including, if appropriate, coordinating to develop media-specific, validated analytical methods to detect individual and different perfluorinated compounds simultaneously.
## Sec. 6733 Nationwide sampling — added
- (a) In general— The Director shall carry out a nationwide sampling to determine the concentration of perfluorinated compounds in estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, and soil using the performance standard developed under section 6732(a).
- (b) Requirements— In carrying out the sampling under subsection (a), the Director shall—
- (1) first carry out the sampling at sources of drinking water near locations with known or suspected releases of perfluorinated compounds;
- (2) when carrying out sampling of sources of drinking water under paragraph (1), carry out the sampling prior to any treatment of the water;
- (3) survey for ecological exposure to perfluorinated compounds, with a priority in determining direct human exposure through drinking water; and
- (4) consult with—
- (A) States to determine areas that are a priority for sampling; and
- (B) the Administrator—
- (i) to enhance coverage of the sampling; and
- (ii) to avoid unnecessary duplication.
- (c) Report— Not later than 90 days after the completion of the sampling under subsection (a), the Director shall prepare a report describing the results of the sampling and submit the report to—
- (1) the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate;
- (2) the Committee on Energy and Commerce of the House of Representatives;
- (3) the Senators of each State in which the Director carried out the sampling; and
- (4) each Member of the House of Representatives that represents a district in which the Director carried out the sampling.
## Sec. 6734 Data usage — added
- (a) In general— The Director shall provide the sampling data collected under section 6733 to—
- (1) the Administrator; and
- (2) other Federal and State regulatory agencies on request.
- (b) Usage— The sampling data provided under subsection (a) shall be used to inform and enhance assessments of exposure, likely health and environmental impacts, and remediation priorities.
## Sec. 6735 Collaboration — added
- In carrying out this subtitle, the Director shall collaborate with—
- (1) appropriate Federal and State regulators;
- (2) institutions of higher education;
- (3) research institutions; and
- (4) other expert stakeholders.
## Sec. 6736 Authorization of appropriations — added
- There are authorized to be appropriated to the Director to carry out this subtitle—
- (1) $5,000,000 for fiscal year 2020; and
- (2) $10,000,000 for each of fiscal years 2021 through 2024.
## Sec. 6741 Definitions — added
- In this subtitle:
- (1) Contaminant— The term contaminant means any physical, chemical, biological, or radiological substance or matter in water.
- (2) Contaminant of emerging concern; emerging contaminant— The terms contaminant of emerging concern and emerging contaminant mean a contaminant—
- (A) for which the Administrator has not promulgated a national primary drinking water regulation; and
- (B) that may have an adverse effect on the health of individuals.
- (3) Federal research strategy— The term Federal research strategy means the coordinated cross-agency plan for addressing critical research gaps related to detecting, assessing exposure to, and identifying the adverse health effects of emerging contaminants in drinking water developed by the Office of Science and Technology Policy in response to the report of the Committee on Appropriations of the Senate accompanying S. 1662 of the 115th Congress (S. Rept. 115–139).
- (4) Technical assistance and support— The term technical assistance and support includes—
- (A) assistance with—
- (i) identifying appropriate analytical methods for the detection of contaminants;
- (ii) understanding the strengths and limitations of the analytical methods described in clause (i);
- (iii) troubleshooting the analytical methods described in clause (i);
- (B) providing advice on laboratory certification program elements;
- (C) interpreting sample analysis results;
- (D) providing training with respect to proper analytical techniques;
- (E) identifying appropriate technology for the treatment of contaminants; and
- (F) analyzing samples, if—
- (i) the analysis cannot be otherwise obtained in a practicable manner otherwise; and
- (ii) the capability and capacity to perform the analysis is available at a Federal facility.
- (5) Working Group— The term Working Group means the Working Group established under section 6742(b)(1).
## Sec. 6742 Research and coordination plan for enhanced response on emerging contaminants — added
- (a) In general— The Administrator shall—
- (1) review Federal efforts—
- (A) to identify, monitor, and assist in the development of treatment methods for emerging contaminants; and
- (B) to assist States in responding to the human health risks posed by contaminants of emerging concern; and
- (2) in collaboration with owners and operators of public water systems, States, and other interested stakeholders, establish a strategic plan for improving the Federal efforts referred to in paragraph (1).
- (b) Interagency working group on emerging contaminants—
- (1) In general— Not later than 180 days after the date of enactment of this Act, the Administrator and the Secretary of Health and Human Services shall jointly establish a Working Group to coordinate the activities of the Federal Government to identify and analyze the public health effects of drinking water contaminants of emerging concern.
- (2) Membership— The Working Group shall include representatives of the following:
- (A) The Environmental Protection Agency, appointed by the Administrator.
- (B) The following agencies, appointed by the Secretary of Health and Human Services:
- (i) The National Institutes of Health.
- (ii) The Centers for Disease Control and Prevention.
- (iii) The Agency for Toxic Substances and Disease Registry.
- (C) The United States Geological Survey, appointed by the Secretary of the Interior.
- (D) Any other Federal agency the assistance of which the Administrator determines to be necessary to carry out this subsection, appointed by the head of the respective agency.
- (3) Existing working group— The Administrator may expand or modify the duties of an existing working group to perform the duties of the Working Group under this subsection.
- (c) National Emerging Contaminant Research Initiative—
- (1) Federal research strategy—
- (A) In general— Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy (referred to in this subsection as the “Director”) shall coordinate with the heads of the agencies described in subparagraph (C) to establish a research initiative, to be known as the “National Emerging Contaminant Research Initiative”, that shall—
- (i) use the Federal research strategy to improve the identification, analysis, monitoring, and treatment methods of contaminants of emerging concern; and
- (ii) develop any necessary program, policy, or budget to support the implementation of the Federal research strategy, including mechanisms for joint agency review of research proposals, for interagency cofunding of research activities, and for information sharing across agencies.
- (B) Research on emerging contaminants— In carrying out subparagraph (A), the Director shall—
- (i) take into consideration consensus conclusions from peer-reviewed, pertinent research on emerging contaminants; and
- (ii) in consultation with the Administrator, identify priority emerging contaminants for research emphasis.
- (C) Federal participation— The agencies referred to in subparagraph (A) include—
- (i) the National Science Foundation;
- (ii) the National Institutes of Health;
- (iii) the Environmental Protection Agency;
- (iv) the National Institute of Standards and Technology;
- (v) the United States Geological Survey; and
- (vi) any other Federal agency that contributes to research in water quality, environmental exposures, and public health, as determined by the Director.
- (D) Participation from additional entities— In carrying out subparagraph (A), the Director shall consult with nongovernmental organizations, State and local governments, and science and research institutions determined by the Director to have scientific or material interest in the National Emerging Contaminant Research Initiative.
- (2) Implementation of research recommendations—
- (A) In general— Not later than 1 year after the date on which the Director and heads of the agencies described in paragraph (1)(C) establish the National Emerging Contaminant Research Initiative under paragraph (1)(A), the head of each agency described in paragraph (1)(C) shall—
- (i) issue a solicitation for research proposals consistent with the Federal research strategy; and
- (ii) make grants to applicants that submit research proposals selected by the National Emerging Contaminant Research Initiative in accordance with subparagraph (B).
- (B) Selection of research proposals— The National Emerging Contaminant Research Initiative shall select research proposals to receive grants under this paragraph on the basis of merit, using criteria identified by the Director, including the likelihood that the proposed research will result in significant progress toward achieving the objectives identified in the Federal research strategy.
- (C) Eligible entities— Any entity or group of 2 or more entities may submit to the head of each agency described in paragraph (1)(C) a research proposal in response to the solicitation for research proposals described in subparagraph (A)(i), including—
- (i) State and local agencies;
- (ii) public institutions, including public institutions of higher education;
- (iii) private corporations; and
- (iv) nonprofit organizations.
- (d) Federal technical assistance and support for States—
- (1) Study—
- (A) In general— Not later than 1 year after the date of enactment of this Act, the Administrator shall conduct a study on actions the Administrator can take to increase technical assistance and support for States with respect to emerging contaminants in drinking water samples.
- (B) Contents of study— In carrying out the study described in subparagraph (A), the Administrator shall identify—
- (i) methods and effective treatment options to increase technical assistance and support with respect to emerging contaminants to States, including identifying opportunities for States to improve communication with various audiences about the risks associated with emerging contaminants;
- (ii) means to facilitate access to qualified contract testing laboratory facilities that conduct analyses for emerging contaminants; and
- (iii) actions to be carried out at existing Federal laboratory facilities, including the research facilities of the Administrator, to provide technical assistance and support for States that require testing facilities for emerging contaminants.
- (C) Availability of analytical resources— In carrying out the study described in subparagraph (A), the Administrator shall consider—
- (i) the availability of—
- (I) Federal and non-Federal laboratory capacity; and
- (II) validated methods to detect and analyze contaminants; and
- (ii) other factors determined to be appropriate by the Administrator.
- (2) Report— Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study described in paragraph (1).
- (3) Program to provide Federal assistance to States—
- (A) In general— Not later than 3 years after the date of enactment of this Act, based on the findings in the report described in paragraph (2), the Administrator shall develop a program to provide technical assistance and support to eligible States for the testing and analysis of emerging contaminants.
- (B) Application—
- (i) In general— To be eligible for technical assistance and support under this paragraph, a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
- (ii) Criteria— The Administrator shall evaluate an application for technical assistance and support under this paragraph on the basis of merit using criteria identified by the Administrator, including—
- (I) the laboratory facilities available to the State;
- (II) the availability and applicability of existing analytical methodologies;
- (III) the potency and severity of the emerging contaminant, if known; and
- (IV) the prevalence and magnitude of the emerging contaminant.
- (iii) Prioritization— In selecting States to receive technical assistance and support under this paragraph, the Administrator—
- (I) shall give priority to States with affected areas primarily in financially distressed communities;
- (II) may—
- (aa) waive the application process in an emergency situation; and
- (bb) require an abbreviated application process for the continuation of work specified in a previously approved application that continues to meet the criteria described in clause (ii); and
- (III) shall consider the relative expertise and availability of—
- (aa) Federal and non-Federal laboratory capacity available to the State;
- (bb) analytical resources available to the State; and
- (cc) other types of technical assistance available to the State.
- (C) Database of available resources— The Administrator shall establish and maintain a database of resources available through the program developed under subparagraph (A) to assist States with testing for emerging contaminants that—
- (i) is—
- (I) available to States and stakeholder groups determined by the Administrator to have scientific or material interest in emerging contaminants, including—
- (aa) drinking water and wastewater utilities;
- (bb) laboratories;
- (cc) Federal and State emergency responders;
- (dd) State primacy agencies;
- (ee) public health agencies; and
- (ff) water associations;
- (II) searchable; and
- (III) accessible through the website of the Administrator; and
- (ii) includes a description of—
- (I) qualified contract testing laboratory facilities that conduct analyses for emerging contaminants; and
- (II) the resources available in Federal laboratory facilities to test for emerging contaminants.
- (D) Water Contaminant Information Tool— The Administrator shall integrate the database established under subparagraph (C) into the Water Contaminant Information Tool of the Environmental Protection Agency.
- (4) Funding— Of the amounts available to the Administrator, the Administrator may use not more than $15,000,000 in a fiscal year to carry out this subsection.
- (e) Report— Not less frequently than once every 2 years until 2029, the Administrator shall submit to Congress a report that describes the progress made in carrying out this subtitle.
- (f) Effect— Nothing in this section modifies any obligation of a State, local government, or Indian Tribe with respect to treatment methods for, or testing or monitoring of, drinking water.
## Sec. 6751 PFAS data call — added
- Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended by adding at the end the following:
- “(7) PFAS data—Not later than January 1, 2023, the Administrator shall promulgate a rule in accordance with this subsection requiring each person who has manufactured a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance in any year since January 1, 2006, to submit to the Administrator a report that includes, for each year since January 1, 2006, the information described in paragraph (2).”
## Sec. 6752 Significant new use rule for long-chain PFAS — added
- Not later than June 22, 2020, the Administrator shall take final action on the significant new use rule proposed by the Administrator under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) in the proposed rule entitled “Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule” (80 Fed. Reg. 2885 (January 21, 2015)).
## Sec. 6753 PFAS destruction and disposal guidance — added
- (a) In general— Not later than 1 year after the date of enactment of this Act, the Administrator shall publish interim guidance on the destruction and disposal of perfluoroalkyl and polyfluoroalkyl substances and materials containing perfluoroalkyl and polyfluoroalkyl substances, including—
- (1) aqueous film-forming foam;
- (2) soil and biosolids;
- (3) textiles treated with perfluoroalkyl and polyfluoroalkyl substances; and
- (4) spent filters, membranes, and other waste from water treatment.
- (b) Considerations; inclusions— The interim guidance under subsection (a) shall—
- (1) take into consideration—
- (A) the potential for releases of perfluoroalkyl and polyfluoroalkyl substances during destruction or disposal, including through volatilization, air dispersion, or leachate; and
- (B) potentially vulnerable populations living near likely destruction or disposal sites; and
- (2) provide guidance on testing and monitoring air, effluent, and soil near potential destruction or disposal sites for releases described in paragraph (1)(A).
- (c) Revisions— The Administrator shall publish revisions to the interim guidance under subsection (a) as the Administrator determines to be appropriate, but not less frequently than once every 3 years.
## Sec. 6754 PFAS research and development — added
- (a) In general— The Administrator, acting through the Assistant Administrator for the Office of Research and Development, shall—
- (1)
- (A) further examine the effects of perfluoroalkyl and polyfluoroalkyl substances on human health and the environment; and
- (B) make publicly available information relating to the findings under subparagraph (A);
- (2) develop a process for prioritizing which perfluoroalkyl and polyfluoroalkyl substances, or classes of perfluoroalkyl and polyfluoroalkyl substances, should be subject to additional research or regulatory efforts that is based on—
- (A) the potential for human exposure to the substances or classes of substances;
- (B) the potential toxicity of the substances or classes of substances; and
- (C) information available about the substances or classes of substances;
- (3) develop new tools to characterize and identify perfluoroalkyl and polyfluoroalkyl substances in the environment, including in drinking water, wastewater, surface water, groundwater, solids, and the air;
- (4) evaluate approaches for the remediation of contamination by perfluoroalkyl and polyfluoroalkyl substances in the environment; and
- (5) develop and implement new tools and materials to communicate with the public about perfluoroalkyl and polyfluoroalkyl substances.
- (b) Funding— There is authorized to be appropriated to the Administrator to carry out this section $15,000,000 for each of fiscal years 2020 through 2024.
## Sec. 6801 Short title — added
- This title may be cited as the “Fentanyl Sanctions Act”.
## Sec. 6802 Findings — added
- Congress makes the following findings:
- (1) The Centers for Disease Control and Prevention estimate that from September 2017 through September 2018 more than 48,200 people in the United States died from an opioid overdose, with synthetic opioids (excluding methadone), contributing to a record 31,900 overdose deaths. While drug overdose death estimates from methadone, semi-synthetic opioids, and heroin have decreased in recent months, overdose deaths from synthetic opioids have continued to increase.
- (2) Congress and the President have taken a number of actions to combat the demand for illicit opioids in the United States, including enacting into law the SUPPORT for Patients and Communities Act (Public Law 115–271; 132 Stat. 3894). While new statutes and regulations have reduced the rate of opioid prescriptions in recent years, fully addressing the United States opioid crisis will involve dramatically restricting the foreign supply of illicit opioids.
- (3) The People’s Republic of China is the world’s largest producer of illicit fentanyl, fentanyl analogues, and their immediate precursors. From the People’s Republic of China, those substances are shipped primarily through express consignment carriers or international mail directly to the United States, or, alternatively, shipped directly to transnational criminal organizations in Mexico, Canada, and the Caribbean.
- (4) The United States and the People’s Republic of China, Mexico, and Canada have made important strides in combating the illicit flow of opioids through bilateral efforts of their respective law enforcement agencies.
- (5) The objective of preventing the proliferation of illicit opioids though existing multilateral and bilateral initiatives requires additional efforts to deny illicit actors the financial means to sustain their markets and distribution networks.
- (6) The implementation on May 1, 2019, of the regulations of the People's Republic of China to schedule all fentanyl analogues as controlled substances is a major step in combating global opioid trafficking and represents a major achievement in United States-China law enforcement dialogues. However, that step will effectively fulfill the commitment that President Xi Jinping of the People’s Republic of China made to President Donald Trump at the Group of Twenty meeting in December 2018 only if the Government of the People's Republic of China devotes sufficient resources to full implementation and strict enforcement of the new regulations. The effective enforcement of the new regulations should result in diminished trafficking of illicit fentanyl originating from the People's Republic of China into the United States, so it is in the interests of both the United States and the People's Republic of China to support the effective enforcement of the regulations.
- (7) While the Department of the Treasury used the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to sanction the first synthetic opioid trafficking entity in April 2018, additional economic and financial sanctions policy tools are needed to help combat the flow of synthetic opioids into the United States.
## Sec. 6803 Sense of Congress — added
- It is the sense of Congress that—
- (1) the United States should apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security, foreign policy, and economy of the United States and the health of the people of the United States;
- (2) it is imperative that the People's Republic of China follow through on full implementation of the new regulations, adopted May 1, 2019, to treat all fentanyl analogues as controlled substances under the laws of the People's Republic of China, including by devoting sufficient resources for implementation and strict enforcement of the new regulations; and
- (3) the effective enforcement of the new regulations should result in diminished trafficking of illicit fentanyl originating from the People’s Republic of China into the United States, so it is in the interests of both the United States and the People’s Republic of China to support full, effective, and strict enforcement of the regulations.
## Sec. 6804 Definitions — added
- In this title:
- (1) Alien; national; national of the United States— The terms alien, national, and national of the United States have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
- (2) Appropriate congressional committees and leadership— The term appropriate congressional committees and leadership means—
- (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and
- (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
- (3) Controlled substance; listed chemical— The terms controlled substance, listed chemical, narcotic drug, and opioid have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).
- (4) Entity— The term entity means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.
- (5) Foreign opioid trafficker— The term foreign opioid trafficker means any foreign person that the President determines plays a significant role in opioid trafficking.
- (6) Foreign person— The term foreign person—
- (A) means—
- (i) any citizen or national of a foreign country; or
- (ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and
- (B) does not include the government of a foreign country.
- (7) Knowingly— The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
- (8) Opioid trafficking— The term opioid trafficking means any illicit activity—
- (A) to produce, manufacture, distribute, sell, or knowingly finance or transport illicit synthetic opioids, controlled substances that are synthetic opioids, listed chemicals that are synthetic opioids, or active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are synthetic opioids;
- (B) to attempt to carry out an activity described in subparagraph (A); or
- (C) to assist, abet, conspire, or collude with other persons to carry out such an activity.
- (9) Person— The term person means an individual or entity.
- (10) United States person— The term United States person means—
- (A) any citizen or national of the United States;
- (B) any alien lawfully admitted for permanent residence in the United States;
- (C) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or
- (D) any person located in the United States.
## Sec. 6811 Identification of foreign opioid traffickers — added
- (a) Public report—
- (1) In general— The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report—
- (A) identifying the foreign persons that the President determines are foreign opioid traffickers;
- (B) detailing progress the President has made in implementing this subtitle; and
- (C) providing an update on cooperative efforts with the Governments of Mexico and the People’s Republic of China with respect to combating foreign opioid traffickers.
- (2) Identification of additional persons— If, at any time after submitting a report required by paragraph (1) and before the submission of the next such report, the President determines that a foreign person not identified in the report is a foreign opioid trafficker, the President shall submit to the appropriate congressional committees and leadership an additional report containing the information required by paragraph (1) with respect to the foreign person.
- (3) Exclusion— The President shall not be required to include in a report under paragraph (1) or (2) any persons with respect to which the United States has imposed sanctions before the date of the report under this subtitle or any other provision of law with respect to opioid trafficking.
- (4) Form of report—
- (A) In general— Each report required by paragraph (1) or (2) shall be submitted in unclassified form but may include a classified annex.
- (B) Availability to public— The unclassified portion of a report required by paragraph (1) or (2) shall be made available to the public.
- (b) Classified report—
- (1) In general— The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report, in classified form—
- (A) describing in detail the status of sanctions imposed under this subtitle, including the personnel and resources directed toward the imposition of such sanctions during the preceding fiscal year;
- (B) providing background information with respect to persons newly identified as foreign opioid traffickers and their illicit activities;
- (C) describing actions the President intends to undertake or has undertaken to implement this subtitle; and
- (D) providing a strategy for identifying additional foreign opioid traffickers.
- (2) Effect on other reporting requirements— The report required by paragraph (1) is in addition to the obligations of the President to keep Congress fully and currently informed pursuant to the provisions of the National Security Act of 1947 (50 U.S.C. 3001 et seq.).
- (c) Submission of reports— Not later than 180 days after the date of the enactment of this Act, and annually thereafter until the date that is 5 years after such date of enactment, the President shall submit the reports required by subsections (a) and (b) to the appropriate congressional committees and leadership.
- (d) Exclusion of certain information—
- (1) Intelligence— Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any person if the Director of National Intelligence determines that such disclosure could compromise an intelligence operation, activity, source, or method of the United States.
- (2) Law enforcement— Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any person if the Attorney General, in coordination, as appropriate, with the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of the Treasury, the Secretary of State, and the head of any other appropriate Federal law enforcement agency, determines that such disclosure could reasonably be expected—
- (A) to compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis;
- (B) to jeopardize the integrity or success of an ongoing criminal investigation or prosecution;
- (C) to endanger the life or physical safety of any person; or
- (D) to cause substantial harm to physical property.
- (3) Notification required— If the Director of National Intelligence makes a determination under paragraph (1) or the Attorney General makes a determination under paragraph (2), the Director or the Attorney General, as the case may be, shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.
- (4) Rule of construction— Nothing in this section may be construed to authorize or compel the disclosure of information determined by the President to be law enforcement information, national security information, or other information the disclosure of which is prohibited by any other provision of law.
- (e) Provision of information required for reports— The Secretary of the Treasury, the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence shall consult among themselves and provide to the President and the Director of the Office of National Drug Control Policy the appropriate and necessary information to enable the President to submit the reports required by subsection (a).
## Sec. 6812 Sense of Congress on international opioid control regime — added
- It is the sense of Congress that, in order to apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security, foreign policy, and economy of the United States—
- (1) the President should instruct the Secretary of State to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, the Group of Seven, the Group of Twenty, and trilaterally and bilaterally with partners of the United States, to combat foreign opioid trafficking, including by working to establish a multilateral sanctions regime with respect to foreign opioid trafficking; and
- (2) the Secretary of State, in consultation with the Secretary of the Treasury, should intensify efforts to maintain and strengthen the coalition of countries formed to combat foreign opioid trafficking.
## Sec. 6813 Imposition of sanctions — added
- The President shall impose five or more of the sanctions described in section 6814 with respect to each foreign person that is an entity, and four or more of such sanctions with respect to each foreign person that is an individual, that—
- (1) is identified as a foreign opioid trafficker in a report submitted under section 6811(a); or
- (2) the President determines is owned, controlled, directed by, knowingly supplying or sourcing precursors for, or acting for or on behalf of, such a foreign opioid trafficker.
## Sec. 6814 Description of sanctions — added
- (a) In general— The sanctions that may be imposed with respect to a foreign person under section 6813 are the following:
- (1) Loans from United States financial institutions— The United States Government may prohibit any United States financial institution from making loans or providing credits to the foreign person.
- (2) Prohibitions on financial institutions— The following prohibitions may be imposed with respect to a foreign person that is a financial institution:
- (A) Prohibition on designation as primary dealer— Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments.
- (B) Prohibition on service as a repository of Government funds— The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
- (3) Procurement ban— The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the foreign person.
- (4) Foreign exchange— The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.
- (5) Banking transactions— The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person.
- (6) Property transactions— The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
- (A) acquiring, holding, withholding, using, transferring, withdrawing, or transporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;
- (B) dealing in or exercising any right, power, or privilege with respect to such property; or
- (C) conducting any transaction involving such property.
- (7) Ban on investment in equity or debt of sanctioned person— The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the foreign person.
- (8) Exclusion of corporate officers— The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign person.
- (9) Sanctions on principal executive officers— The President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable.
- (b) Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
- (c) Exceptions—
- (1) Intelligence and law enforcement activities— Sanctions under this section shall not apply with respect to—
- (A) any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or
- (B) any authorized intelligence and law enforcement activities of the United States.
- (2) Exception to comply with United Nations headquarters agreement— Sanctions under subsection (a)(8) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.
- (d) Implementation; regulatory authority—
- (1) Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
- (2) Regulatory authority— The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
## Sec. 6815 Waivers — added
- (a) Waiver for State-Owned financial institutions in countries that cooperate in multilateral anti-Trafficking efforts—
- (1) In general— The President may waive for a period of not more than 12 months the application of sanctions under this subtitle with respect to a financial institution that is owned or controlled, directly or indirectly, by a foreign government or any political subdivision, agency, or instrumentality of a foreign government, if, not less than 15 days before the waiver is to take effect, the President certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking.
- (2) Certification— The President may certify under paragraph (1) that a foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking if that government is—
- (A) implementing domestic laws to schedule all fentanyl analogues as controlled substances; and
- (B) doing two or more of the following:
- (i) Implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids.
- (ii) Implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids.
- (iii) Increasing efforts to prosecute foreign opioid traffickers.
- (iv) Increasing intelligence sharing and law enforcement cooperation with the United States with respect to opioid trafficking.
- (3) Subsequent renewal of waiver— The President may renew a waiver under paragraph (1) for subsequent periods of not more than 12 months each if, not less than 15 days before the renewal is to take effect, the Director of National Intelligence certifies to the appropriate congressional committees and leadership that the government of the country to which the waiver applies has effectively implemented and is effectively enforcing the measures that formed the basis for the certification under paragraph (2).
- (b) Waivers for national security and access to prescription medications—
- (1) In general— The President may waive the application of sanctions under this subtitle if the President determines that the application of such sanctions would harm—
- (A) the national security interests of the United States; or
- (B) subject to paragraph (2), the access of United States persons to prescription medications.
- (2) Monitoring— The President shall establish a monitoring program to verify that a person that receives a waiver under paragraph (1)(B) is not trafficking illicit opioids.
- (3) Notification— Not later than 15 days after making a determination under paragraph (1), the President shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.
- (c) Humanitarian waiver— The President may waive, for renewable periods of 180 days, the application of the sanctions under this subtitle if the President certifies to the appropriate congressional committees and leadership that the waiver is necessary for the provision of humanitarian assistance.
## Sec. 6816 Procedures for judicial review of classified information — added
- (a) In general— If a finding under this subtitle, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.
- (b) Rule of construction— Nothing in this section shall be construed to confer or imply any right to judicial review of any finding under this subtitle, or any prohibition, condition, or penalty imposed as a result of any such finding.
## Sec. 6817 Briefings on implementation — added
- Not later than 90 days after the date of the enactment of the Fentanyl Sanctions Act, and every 180 days thereafter until the date that is 5 years after such date of enactment, the President, acting through the Secretary of State, in coordination with the Secretary of the Treasury, shall provide to the appropriate congressional committees and leadership a comprehensive briefing on efforts to implement this subtitle.
## Sec. 6818 Inclusion of additional material in International Narcotics Control Strategy Report — added
- Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(a)) is amended by adding at the end the following:
- “(9)
- “(A) An assessment conducted by the Secretary of State, in consultation with the Secretary of the Treasury, of the extent to which any diplomatic efforts described in section 6812 of the Fentanyl Sanctions Act have been successful.
- “(B) Each assessment required by subparagraph (A) shall include an identification of—
- “(i) the countries the governments of which have agreed to undertake measures to apply economic or other financial sanctions to foreign traffickers of illicit opioids and a description of those measures; and
- “(ii) the countries the governments of which have not agreed to measures described in clause (i), and, with respect to those countries, other measures the Secretary of State recommends that the United States take to apply economic and other financial sanctions to foreign traffickers of illicit opioids.”
## Sec. 6821 Commission on combating synthetic opioid trafficking — added
- (a) Establishment—
- (1) In general— There is established a commission to develop a consensus on a strategic approach to combating the flow of synthetic opioids into the United States.
- (2) Designation— The commission established under paragraph (1) shall be known as the “Commission on Synthetic Opioid Trafficking” (in this section referred to as the “Commission”).
- (b) Membership—
- (1) Composition—
- (A) In general— Subject to subparagraph (B), the Commission shall be composed of the following members:
- (i) The Administrator of the Drug Enforcement Administration.
- (ii) The Secretary of Homeland Security.
- (iii) The Secretary of Defense.
- (iv) The Secretary of the Treasury.
- (v) The Secretary of State.
- (vi) Two members appointed by the majority leader of the Senate, one of whom shall be a Member of the Senate and one of whom shall not be.
- (vii) Two members appointed by the minority leader of the Senate, one of whom shall be a Member of the Senate and one of whom shall not be.
- (viii) Two members appointed by the Speaker of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be.
- (ix) Two members appointed by the minority leader of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be.
- (B)
- (i) The members of the Commission who are not Members of Congress and who are appointed under clauses (vi) through (ix) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—
- (I) transnational criminal organizations conducting synthetic opioid trafficking;
- (II) the production, manufacturing, distribution, sale, or transportation of synthetic opioids; or
- (III) relations between—
- (aa) the United States; and
- (bb) the People’s Republic of China, Mexico, or any other country of concern with respect to trafficking in synthetic opioids.
- (ii) An official who appoints members of the Commission may not appoint an individual as a member of the Commission if the individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.
- (iii)
- (I) All members of the Commission described in clause (i) shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information.
- (II) For the purpose of facilitating the activities of the Commission, the Director of National Intelligence shall expedite to the fullest degree possible the processing of security clearances that are necessary for members of the Commission.
- (2) Co-chairs—
- (A) In general— The Commission shall have 2 co-chairs, selected from among the members of the Commission, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party.
- (B) Selection— The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.
- (c) Duties— The duties of the Commission are as follows:
- (1) To define the core objectives and priorities of the strategic approach described in subsection (a)(1).
- (2) To weigh the costs and benefits of various strategic options to combat the flow of synthetic opioids from the People’s Republic of China, Mexico, and other countries.
- (3) To evaluate whether the options described in paragraph (2) are exclusive or complementary, the best means for executing such options, and how the United States should incorporate and implement such options within the strategic approach described in subsection (a)(1).
- (4) To review and make determinations on the difficult choices present within such options, among them what norms-based regimes the United States should seek to establish to encourage the effective regulation of dangerous synthetic opioids.
- (5) To report on efforts by actors in the People’s Republic of China to subvert United States laws and to supply illicit synthetic opioids to persons in the United States, including up-to-date estimates of the scale of illicit synthetic opioids flows from the People’s Republic of China.
- (6) To report on the deficiencies in the regulation of pharmaceutical and chemical production of controlled substances and export controls with respect to such substances in the People’s Republic of China and other countries that allow opioid traffickers to subvert such regulations and controls to traffic illicit opioids into the United States.
- (7) To report on the scale of contaminated or counterfeit drugs originating from the People’s Republic of China and India.
- (8) To report on how the United States could work more effectively with provincial and local officials in the People’s Republic of China and other countries to combat the illicit production of synthetic opioids.
- (9) In weighing the options for defending the United States against the dangers of trafficking in synthetic opioids, to consider possible structures and authorities that need to be established, revised, or augmented within the Federal Government.
- (d) Functioning of Commission— The provisions of subsections (c), (d), (e), (g), (h), (i), and (m) of section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) shall apply to the Commission to the same extent and in the same manner as such provisions apply to the commission established under that section, except that—
- (1) subsection (c)(1) of that section shall be applied and administered by substituting “30 days” for “45 days”;
- (2) subsection (g)(4)(A) of that section shall be applied and administered by inserting “and the Attorney General” after “Secretary of Defense”; and
- (3) subsections (h)(2)(A) and (i)(1)(A) of that section shall be applied and administered by substituting “level V of the Executive Schedule under section 5316” for “level IV of the Executive Schedule under section 5315”.
- (e) Treatment of information relating to national security—
- (1) Responsibility of Director of National Intelligence— The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this section.
- (2) Information provided by Congress— Any information related to the national security of the United States that is provided to the Commission by the appropriate congressional committees and leadership may not be further provided or released without the approval of the chairperson of the committee, or the Member of Congress, as the case may be, that provided the information to the Commission.
- (3) Access after termination of Commission— Notwithstanding any other provision of law, after the termination of the Commission under subsection (h), only the members and designated staff of the appropriate congressional committees and leadership, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.
- (f) Reports— The Commission shall submit to the appropriate congressional committees and leadership—
- (1) not later than 270 days after the date of the enactment of this Act, an initial report on the activities and recommendations of the Commission under this section; and
- (2) not later than 270 days after the submission of the initial report under paragraph (1), a final report on the activities and recommendations of the Commission under this section.
- (g) Authorization of appropriations— There are authorized to be appropriated $5,000,000 for each of fiscal years 2020 through 2023 to carry out this section.
- (h) Termination—
- (1) In general— The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report required by subsection (f)(2) is submitted to the appropriate congressional committees and leadership.
- (2) Winding up of affairs— The Commission may use the 120-day period described in paragraph (1) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report required by subsection (f)(2) and disseminating the report.
## Sec. 6831 Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers — added
- (a) Program required—
- (1) In general— The Director of National Intelligence shall, with the concurrence of the Director of the Office of National Drug Control Policy, carry out a program to allocate and enhance use of resources of the intelligence community, including intelligence collection and analysis, to assist the Secretary of the Treasury, the Secretary of State, and the Administrator of the Drug Enforcement Administration in efforts to identify and impose sanctions with respect to foreign opioid traffickers under subtitle A.
- (2) Focus on illicit finance— To the extent practicable, efforts described in paragraph (1) shall—
- (A) take into account specific illicit finance risks related to narcotics trafficking; and
- (B) be developed in consultation with the Undersecretary of the Treasury for Terrorism and Financial Crimes, appropriate officials of the Office of Intelligence and Analysis of the Department of the Treasury, the Director of the Financial Crimes Enforcement Network, and appropriate Federal law enforcement agencies.
- (b) Review of counternarcotics efforts of the intelligence community— The Director of National Intelligence shall, in coordination with the Director of the Office of National Drug Control Policy, carry out a comprehensive review of the current intelligence collection priorities of the intelligence community for counternarcotics purposes in order to identify whether such priorities are appropriate and sufficient in light of the number of lives lost in the United States each year due to use of illegal drugs.
- (c) Reports—
- (1) Quarterly reports on program— Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Director of National Intelligence and the Director of the Office of National Drug Control Policy shall jointly submit to the appropriate congressional committees and leadership a report on the status and accomplishments of the program required by subsection (a) during the 90-day period ending on the date of the report. The first report under this paragraph shall also include a description of the amount of funds devoted by the intelligence community to the efforts described in subsection (a) during each of fiscal years 2017 and 2018.
- (2) Report on review— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Office of National Drug Control Policy shall jointly submit to the appropriate congressional committees and leadership a comprehensive description of the results of the review required by subsection (b), including whether the priorities described in that subsection are appropriate and sufficient in light of the number of lives lost in the United States each year due to use of illegal drugs. If the report concludes that such priorities are not so appropriate and sufficient, the report shall also include a description of the actions to be taken to modify such priorities in order to assure than such priorities are so appropriate and sufficient.
- (d) Intelligence community defined— In this section, the term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
## Sec. 6832 Department of Defense funding — added
- (a) Authorization of appropriations— There are authorized to be appropriated to the Secretary of Defense to carry out the operations and activities described in subsection (b) $25,000,000 for each of fiscal years 2020 through 2025.
- (b) Operations and activities— The operations and activities described in this subsection are the operations and activities of the Department of Defense in support of any other department or agency of the United States Government solely for purposes of carrying out this title.
- (c) Supplement not supplant— Amounts made available under subsection (a) shall supplement and not supplant other amounts available to carry out the operations and activities described in subsection (b).
- (d) Notification requirement— Amounts authorized to be appropriated by subsection (a) may not be obligated until 15 days after the date on which the President notifies the appropriate committees of Congress of the President's intention to obligate such funds.
- (e) Concurrence of Secretary of State— Operations and activities described in subsection (b) carried out with foreign persons shall be conducted with the concurrence of the Secretary of State.
## Sec. 6833 Department of State funding — added
- (a) Authorization of appropriations— There are authorized to be appropriated to the Secretary of State to carry out the operations and activities described in subsection (b) $25,000,000 for each of fiscal years 2020 through 2025.
- (b) Operations and activities described— The operations and activities described in this subsection are the operations and activities of the Department of State in carrying out this title.
- (c) Supplement not supplant— Amounts authorized to be appropriated by subsection (a) shall supplement and not supplant other amounts available to carry out the operations and activities described in subsection (b).
- (d) Notification requirement— Amounts authorized to be appropriated by subsection (a) may not be obligated until 15 days after the date on which the President notifies the appropriate committees of Congress of the President's intention to obligate such funds.
## Sec. 6834 Department of the Treasury funding — added
- (a) Authorization of appropriations— There are authorized to be appropriated to the Secretary of the Treasury to carry out the operations and activities described in subsection (b) $25,000,000 for each of fiscal years 2020 through 2025.
- (b) Operations and activities described— The operations and activities described in this subsection are the operations and activities of the Department of the Treasury in carrying out this title.
- (c) Supplement not supplant— Amounts authorized to be appropriated by subsection (a) shall supplement and not supplant other amounts available to carry out the operations and activities described in subsection (b).
- (d) Notification requirement— Amounts authorized to be appropriated by subsection (a) may not be obligated until 15 days after the date on which the President notifies the appropriate committees of Congress of the President's intention to obligate such funds.
## Sec. 6835 Termination — added
- The provisions of this title, and any sanctions imposed pursuant to this title, shall terminate on the date that is 7 years after the date of the enactment of this Act.
## Sec. 6836 Exception relating to importation of goods — added
- (a) In general— The authorities and requirements to impose sanctions under this title shall not include the authority or a requirement to impose sanctions on the importation of goods.
- (b) Good defined— In this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
## Sec. 6837 Appropriate committees of Congress defined — added
- In this subtitle, the term appropriate committees of Congress means—
- (1) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
- (2) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
## Sec. 6901 Short title — added
- This title may be cited as the “Otto Warmbier Banking Restrictions Involving North Korea Act of 2019”.
## Sec. 6911 Findings — added
- Congress finds the following:
- (1) Since 2006, the United Nations Security Council has adopted 10 resolutions imposing sanctions against North Korea under chapter VII of the United Nations Charter, which—
- (A) prohibit the use, development, and proliferation of weapons of mass destruction by North Korea;
- (B) prohibit the supply, sale, or transfer of arms and related materiel to or from North Korea;
- (C) prohibit the transfer of luxury goods to North Korea;
- (D) restrict access by North Korea to financial services that could contribute to nuclear, missile, or other programs related to the development of weapons of mass destruction;
- (E) restrict North Korean shipping, including the registration, reflagging, or insuring of North Korean ships;
- (F) prohibit, with limited exceptions, North Korean exports of coal, precious metals, iron, vanadium, and rare earth minerals;
- (G) prohibit the transfer to North Korea of rocket, aviation, or jet fuel, as well as gasoline, condensates, and natural gas liquids;
- (H) prohibit new work authorization for North Korean laborers and require the repatriation of all North Korean laborers by December 2019;
- (I) prohibit exports of North Korean food and agricultural products, including seafood;
- (J) prohibit joint ventures or cooperative commercial entities or expanding joint ventures with North Korea;
- (K) prohibit exports of North Korean textiles;
- (L) require member countries of the United Nations to seize, inspect, and impound any ship in its jurisdiction that is suspected of violating Security Council resolutions with respect to North Korea and to interdict and inspect all cargo heading to or from North Korea by land, sea, or air;
- (M) limit the transfer to North Korea of refined petroleum products and crude oil;
- (N) ban the sale or transfer to North Korea of industrial machinery, transportation vehicles, electronics, iron, steel, and other metals;
- (O) reduce North Korean diplomatic staff numbers in member countries of the United Nations and expel any North Korean diplomats found to be working on behalf of a person subject to sanctions or assisting in sanctions evasion;
- (P) limit North Korean diplomatic missions abroad with respect to staff size and access to banking privileges and prohibit commerce from being conducted out of North Korean consular or diplomatic offices;
- (Q) require member states of the United Nations to close representative offices, subsidiaries, and bank accounts in North Korea;
- (R) prohibit countries from providing or receiving military training to or from North Korea or hosting North Koreans for specialized teaching or training that could contribute to the programs of North Korea related to the development of weapons of mass destruction;
- (S) ban countries from granting landing and flyover rights to North Korean aircraft; and
- (T) prohibit trade in statuary of North Korean origin.
- (2) The Government of North Korea has threatened to carry out nuclear attacks against the United States, South Korea, and Japan.
- (3) The Government of North Korea tested its sixth and largest nuclear device on September 3, 2017.
- (4) According to a report by the International Atomic Energy Agency released in August 2018, “The continuation and further development of the DPRK’s nuclear programme and related statements by the DPRK are a cause for grave concern. The DPRK’s nuclear activities, including those in relation to the Yongbyon Experimental Nuclear Power Plant (5 MW(e)) reactor, the use of the building which houses the reported centrifuge enrichment facility and the construction at the light water reactor, as well as the DPRK’s sixth nuclear test, are clear violations of relevant UN Security Council resolutions, including resolution 2375 (2017) and are deeply regrettable.”.
- (5) In July 2018, Secretary of State Mike Pompeo testified to the Committee on Foreign Relations of the Senate that North Korea “continue[s] to produce fissile material” despite public pledges by North Korean leader Kim Jong-un to denuclearize.
- (6) The 2019 Missile Defense Review conducted by the Department of Defense states that North Korea “continues to pose an extraordinary threat and the United States must remain vigilant. In the past, North Korea frequently issued explicit nuclear missile threats against the United States and allies, all the while working aggressively to field the capability to strike the U.S. homeland with nuclear-armed ballistic missiles. Over the past decade, it has invested considerable resources in its nuclear and ballistic missile programs, and undertaken extensive nuclear and missile testing in order to realize the capability to threaten the U.S. homeland with missile attack. As a result, North Korea has neared the time when it could credibly do so.”.
- (7) Financial transactions and investments that provide financial resources to the Government of North Korea, and that fail to incorporate adequate safeguards against the misuse of those financial resources, pose an undue risk of contributing to—
- (A) weapons of mass destruction programs of that Government; and
- (B) efforts to evade restrictions required by the United Nations Security Council on imports or exports of arms and related materiel, services, or technology by that Government.
- (8) The Federal Bureau of Investigation has determined that the Government of North Korea was responsible for cyberattacks against entities in the United States, South Korea, and around the world.
- (9) In November 2017, President Donald Trump designated the government of North Korea as a state sponsor of terrorism pursuant to authorities under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect at the time under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and the Arms Export Control Act (22 U.S.C. 2751 et seq.);
- (10) On February 22, 2018, the Secretary of State determined that the Government of North Korea was responsible for the lethal nerve agent attack in 2017 on Kim Jong Nam, the half-brother of North Korean leader Kim Jong-un, in Malaysia, triggering sanctions required under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5601 et seq.).
- (11) The strict enforcement of sanctions is essential to the efforts of the international community to achieve the peaceful, complete, verifiable, and irreversible dismantlement of weapons of mass destruction programs of the Government of North Korea.
## Sec. 6912 Sense of Congress — added
- It is the sense of Congress that—
- (1) the United States is committed to working with its allies and partners to halt the nuclear and ballistic missile programs of North Korea through a policy of maximum pressure and diplomatic engagement;
- (2) the imposition of sanctions, including those under this title, should not be construed to limit the authority of the President to fully engage in diplomatic negotiations to further the policy objective described in paragraph (1);
- (3) the successful use of sanctions to halt the nuclear and ballistic missile programs of North Korea is part of a broader diplomatic and economic strategy that relies on effective coordination among relevant Federal agencies and officials, as well as with international partners of the United States; and
- (4) the coordination described in paragraph (3) should include proper vetting of external messaging and communications from all parts of the Executive branch to ensure that those communications are an intentional component of and aligned with the strategy of the United States with respect to North Korea.
## Sec. 6913 Definitions — added
- In this subtitle, the terms applicable Executive order, applicable United Nations Security Council resolution, appropriate congressional committees, Government of North Korea, North Korea, and North Korean financial institution have the meanings given those terms in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).
## Sec. 6921 Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons — added
- (a) In general— Title II of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is amended by inserting after the item relating to section 201A the following:
- “201B. Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons
- “(a) In general—The Secretary of the Treasury shall impose one or more of the sanctions described in subsection (b) with respect to a foreign financial institution that the Secretary determines, on or after the date that is 90 days after the date of the enactment of the Otto Warmbier Banking Restrictions Involving North Korea Act of 2019, knowingly provides significant financial services to any person designated for the imposition of sanctions under—
- “(1) subsection (a) or (b) of section 104;
- “(2) an applicable Executive order; or
- “(3) an applicable United Nations Security Council resolution.
- “(b) Sanctions described—The sanctions that may be imposed with respect to a foreign financial institution subject to subsection (a) are the following:
- “(1) Asset blocking—The Secretary may block and prohibit, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of the foreign financial institution if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
- “(2) Restrictions on correspondent and payable-through accounts—The Secretary may prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by the foreign financial institution.
- “(c) Implementation; penalties
- “(1) Implementation—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
- “(2) Penalties—A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
- “(d) Regulations—Not later than 180 days after the date of the enactment of the Otto Warmbier Banking Restrictions Involving North Korea Act of 2019, the President shall, as appropriate, prescribe regulations to carry out this section.
- “(e) Exception relating to importation of goods
- “(1) In general—Notwithstanding section 404(b) or any provision of this section, the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
- “(2) Good defined—In this subsection, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
- “(f) Definitions—In this section:
- “(1) Account; correspondent account; payable-through account—The terms account, “correspondent account”, and “payable-through account” have the meanings given those terms in section 5318A of title 31, United States Code.
- “(2) Financial institution—The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code.
- “(3) Foreign financial institution—The term foreign financial institution shall have the meaning of that term as determined by the Secretary of the Treasury.
- “(4) Knowingly—The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.”
- (b) Clerical amendment— The table of contents for the North Korea Sanctions and Policy Enhancement Act of 2016 is amended by inserting after the item relating to section 201A the following:
## Sec. 6922 Extension of applicability period of proliferation prevention sanctions — added
- Section 203(b)(2) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by striking “2 years” and inserting “5 years”.
## Sec. 6923 Sense of Congress on identification and blocking of property of North Korean officials — added
- It is the sense of Congress that the President should—
- (1) encourage international collaboration through the Financial Action Task Force and its global network to utilize its standards and apply means at its disposal to counter the money laundering, terrorist financing, and proliferation financing threats emanating from North Korea; and
- (2) prioritize multilateral efforts to identify and block—
- (A) any property owned or controlled by a North Korean official; and
- (B) any significant proceeds of kleptocracy by the Government of North Korea or a North Korean official.
## Sec. 6924 Modification of report on implementation of United Nations Security Council resolutions by other governments — added
- Section 317 of the Korean Interdiction and Modernization of Sanctions Act (title III of Public Law 115–44; 131 Stat. 950) is amended—
- (1) in subsection (a)—
- (A) in the matter preceding paragraph (1), by striking “Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years,” and inserting “Not later than 180 days after the date of the enactment of the Otto Warmbier Banking Restrictions Involving North Korea Act of 2019, and annually thereafter for 5 years,”;
- (B) in paragraph (3), by striking “; or” and inserting a semicolon;
- (C) by redesignating paragraph (4) as paragraph (8); and
- (D) by inserting after paragraph (3) the following:
- “(4) prohibit, in the territories of such countries or by persons subject to the jurisdiction of such governments, the opening of new joint ventures or cooperative entities with North Korean persons or the expansion of existing joint ventures through additional investments, whether or not for or on behalf of the Government of North Korea, unless such joint ventures or cooperative entities have been approved by the Committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006);
- “(5) prohibit the unauthorized clearing of funds by North Korean financial institutions through financial institutions subject to the jurisdiction of such governments;
- “(6) prohibit the unauthorized conduct of commercial trade with North Korea that is prohibited under applicable United Nations Security Council resolutions;
- “(7) prevent the provision of financial services to North Korean persons or the transfer of financial services to North Korean persons to, through, or from the territories of such countries or by persons subject to the jurisdiction of such governments; or”
- (2) by amending subsection (c) to read as follows:
- “(c) Definitions—In this section:
- “(1) Appropriate congressional committees and leadership—The term appropriate congressional committees and leadership means—
- “(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the majority and minority leaders of the Senate; and
- “(B) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Speaker, the majority leader, and the minority leader of the House of Representatives.
- “(2) Applicable United Nations Security Council resolution; North Korean financial institution; North Korean person—The terms “applicable United Nations Security Council resolution”, “North Korean financial institution”, and “North Korean person” have the meanings given those terms in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).”
## Sec. 6925 Report on use by the Government of North Korea of beneficial ownership rules to access the international financial system — added
- (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report setting forth the findings of the Secretary regarding how the Government of North Korea is exploiting laws with respect to the beneficial owner of an entity in order to access the international financial system.
- (b) Elements— The Secretary shall include in the report required under subsection (a) proposals for such legislative and administrative action as the Secretary considers appropriate to combat the abuse by the Government of North Korea of shell companies and other similar entities to avoid or evade sanctions.
- (c) Form— The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
## Sec. 6931 Notification of termination or suspension of sanctions — added
- Not less than 15 days before taking any action to terminate or suspend the application of sanctions under this subtitle or an amendment made by this subtitle, the President shall notify the appropriate congressional committees of the President’s intent to take the action and the reasons for the action.
## Sec. 6932 Reports on certain licensing actions — added
- (a) In general— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on the operation of the system for issuing licenses for transactions under covered regulatory provisions during the preceding 180-day period that includes—
- (1) the number and types of such licenses applied for during that period; and
- (2) the number and types of such licenses issued during that period.
- (b) Covered regulatory provision defined— In this section, the term covered regulatory provision means any of the following provisions, as in effect on the day before the date of the enactment of this Act and as such provisions relate to North Korea:
- (1) Part 743, 744, or 746 of title 15, Code of Federal Regulations.
- (2) Part 510 of title 31, Code of Federal Regulations.
- (3) Any other provision of title 31, Code of Federal Regulations.
- (c) Form— Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
## Sec. 6933 Briefings on implementation and enforcement of sanctions — added
- Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall provide to the appropriate congressional committees a briefing on efforts relating to the implementation and enforcement of United States sanctions with respect to North Korea, including appropriate updates on the efforts of the Department of the Treasury to address compliance with such sanctions by foreign financial institutions.
## Sec. 6934 Report on financial networks and financial methods of the Government of North Korea — added
- (a) Report required—
- (1) In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter through 2025, the President shall submit to the appropriate congressional committees a report on sources of external support for the Government of North Korea that includes—
- (A) a description of the methods used by the Government of North Korea to deal in, transact in, or conceal the ownership, control, or origin of goods and services exported by North Korea;
- (B) an assessment of the relationship between the proliferation of weapons of mass destruction by the Government of North Korea and the financial industry or financial institutions;
- (C) an assessment of the relationship between the acquisition by the Government of North Korea of military expertise, equipment, and technology and the financial industry or financial institutions;
- (D) a description of the export by any person to the United States of goods, services, or technology that are made with significant amounts of North Korean labor, material, or goods, including minerals, manufacturing, seafood, overseas labor, or other exports from North Korea;
- (E) an assessment of the involvement of any person in human trafficking involving citizens or nationals of North Korea;
- (F) a description of how the President plans to address the flow of funds generated by activities described in subparagraphs (A) through (E), including through the use of sanctions or other means;
- (G) an assessment of the extent to which the Government of North Korea engages in criminal activities, including money laundering, to support that Government;
- (H) information relating to the identification, blocking, and release of property described in section 201B(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016, as added by section 1721;
- (I) a description of the metrics used to measure the effectiveness of law enforcement and diplomatic initiatives of Federal, State, and foreign governments to comply with the provisions of applicable United Nations Security Council resolutions; and
- (J) an assessment of the effectiveness of programs within the financial industry to ensure compliance with United States sanctions, applicable United Nations Security Council resolutions, and applicable Executive orders.
- (2) Form— Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
- (b) Interagency coordination— The President shall ensure that any information collected pursuant to subsection (a) is shared among the Federal departments and agencies involved in investigations described in section 102(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9212(b)).
## Sec. 6935 Report on countries of concern with respect to transshipment, reexportation, or diversion of certain items to North Korea — added
- (a) In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter through 2023, the Director of National Intelligence shall submit to the President, the Secretary of Defense, the Secretary of Commerce, the Secretary of State, the Secretary of the Treasury, and the appropriate congressional committees a report that identifies all countries that the Director determines are of concern with respect to transshipment, reexportation, or diversion of items subject to the provisions of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, to an entity owned or controlled by the Government of North Korea.
- (b) Form— Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
## Sec. 6941 Rulemaking — added
- The President shall prescribe such rules and regulations as may be necessary to carry out this subtitle and amendments made by this subtitle.
## Sec. 6942 Authority to consolidate reports — added
- (a) In general— Any and all reports required to be submitted to the appropriate congressional committees under this subtitle or an amendment made by this subtitle that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted pursuant to that deadline.
- (b) Contents— Any reports consolidated under subsection (a) shall contain all information required under this subtitle or an amendment made by this subtitle and any other elements that may be required by existing law.
## Sec. 6943 Waivers, exemptions, and termination — added
- (a) Application and modification of exemptions and waivers from North Korea Sanctions and Policy Enhancement Act of 2016— Section 208 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228) is amended by inserting “201B,” after “201A,” each place it appears.
- (b) Suspension—
- (1) In general— Subject to section 1731, any requirement to impose sanctions under this subtitle or the amendments made by this subtitle, and any sanctions imposed pursuant to this subtitle or any such amendment, may be suspended for up to one year if the President makes the certification described in section 401 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9251) to the appropriate congressional committees.
- (2) Renewal— A suspension under paragraph (1) may be renewed in accordance with section 401(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9251(b)).
- (c) Termination— Subject to section 1731, any requirement to impose sanctions under this subtitle or the amendments made by this subtitle, and any sanctions imposed pursuant to this subtitle or any such amendment, shall terminate on the date on which the President makes the certification described in section 402 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9252).
## Sec. 6944 Procedures for review of classified information — added
- (a) In general— If a finding under this subtitle or an amendment made by this subtitle, a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under this subtitle or an amendment made by this subtitle, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera.
- (b) Rule of construction— Nothing in this section shall be construed to confer or imply any right to judicial review of any finding under this subtitle or an amendment made by this subtitle, any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under this subtitle or an amendment made by this subtitle.
## Sec. 6945 Briefing on resourcing of sanctions programs — added
- Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall provide to the appropriate congressional committees a briefing on—
- (1) the resources allocated by the Department of the Treasury to support each sanctions program administered by the Department; and
- (2) recommendations for additional authorities or resources necessary to expand the capacity or capability of the Department related to implementation and enforcement of such programs.
## Sec. 6946 Briefing on proliferation financing — added
- (a) In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury shall provide to the appropriate congressional committees a briefing on addressing proliferation finance.
- (b) Elements— The briefing required by subsection (a) shall include the following:
- (1) The Department of the Treasury’s definition and description of an appropriate risk-based approach to combating financing of the proliferation of weapons of mass destruction.
- (2) An assessment of—
- (A) Federal financial regulatory agency oversight, including by the Financial Crimes Enforcement Network, of United States financial institutions and the adoption by their foreign subsidiaries, branches, and correspondent institutions of a risk-based approach to proliferation financing; and
- (B) whether financial institutions in foreign jurisdictions known by the United States intelligence and law enforcement communities to be jurisdictions through which North Korea moves substantial sums of licit and illicit finance are applying a risk-based approach to proliferation financing, and if that approach is comparable to the approach required by United States financial institution supervisors.
- (3) A survey of the technical assistance the Office of Technical Assistance of the Department of the Treasury, and other appropriate Executive branch offices, currently provide foreign institutions on implementing counter-proliferation financing best practices.
- (4) An assessment of the ability of foreign subsidiaries, branches, and correspondent institutions of United States financial institutions to implement a risk-based approach to proliferation financing.
## Sec. 6951 Authority of State and local governments to divest from companies that invest in North Korea — added
- (a) Sense of Congress— It is the sense of Congress that the United States should support the decision of any State or local government made for moral, prudential, or reputational reasons, to divest from, or prohibit the investment of assets of the State or local government in, a person that engages in investment activities described in subsection (c) if North Korea is subject to economic sanctions imposed by the United States or the United Nations Security Council.
- (b) Authority To Divest— Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities described in subsection (c).
- (c) Investment activities described— Investment activities described in this subsection are activities of a value of more than $10,000 relating to an investment in North Korea or in goods or services originating in North Korea that are not conducted pursuant to a license issued by the Department of the Treasury.
- (d) Requirements— Any measure taken by a State or local government under subsection (b) shall meet the following requirements:
- (1) Notice— The State or local government shall provide written notice to each person with respect to which a measure under this section is to be applied.
- (2) Timing— The measure applied under this section shall apply to a person not earlier than the date that is 90 days after the date on which written notice under paragraph (1) is provided to the person.
- (3) Opportunity to demonstrate compliance—
- (A) In general— The State or local government shall provide to each person with respect to which a measure is to be applied under this section an opportunity to demonstrate to the State or local government that the person does not engage in investment activities described in subsection (c).
- (B) Nonapplication— If a person with respect to which a measure is to be applied under this section demonstrates to the State or local government under subparagraph (A) that the person does not engage in investment activities described in subsection (c), the measure shall not apply to that person.
- (4) Sense of Congress on avoiding erroneous targeting— It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has—
- (A) made every effort to avoid erroneously targeting the person; and
- (B) verified that the person engages in investment activities described in subsection (c).
- (e) Notice to Department of Justice— Not later than 30 days before a State or local government applies a measure under this section, the State or local government shall notify the Attorney General of that measure.
- (f) Authorization for prior applied measures—
- (1) In general— Notwithstanding any other provision of this section or any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d), except as provided in paragraph (2)) applied by the State or local government before the date of the enactment of this Act that provides for the divestment of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities described in subsection (c) that are identified in that measure.
- (2) Application of notice requirements— A measure described in paragraph (1) shall be subject to the requirements of paragraphs (1), (2), and (3)(A) of subsection (d) on and after the date that is 2 years after the date of the enactment of this Act.
- (g) No preemption— A measure applied by a State or local government that is consistent with subsection (b) or (f) is not preempted by any Federal law.
- (h) Definitions— In this section:
- (1) Asset—
- (A) In general— Except as provided in subparagraph (B), the term asset means public monies, and includes any pension, retirement, annuity, endowment fund, or similar instrument, that is controlled by a State or local government.
- (B) Exception— The term asset does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).
- (2) Investment— The term investment includes—
- (A) a commitment or contribution of funds or property;
- (B) a loan or other extension of credit; and
- (C) the entry into or renewal of a contract for goods or services.
- (i) Effective date—
- (1) In general— Except as provided in paragraph (2) and subsection (f), this section applies to measures applied by a State or local government before, on, or after the date of the enactment of this Act.
- (2) Notice requirements— Except as provided in subsection (f), subsections (d) and (e) apply to measures applied by a State or local government on or after the date of the enactment of this Act.
## Sec. 6952 Safe harbor for changes of investment policies by asset managers — added
- Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a–13(c)(1)) is amended—
- (1) in subparagraph (A), by striking “or” at the end;
- (2) in subparagraph (B), by striking the period and inserting “; or”; and
- (3) by adding at the end the following:
- “(C) engage in investment activities described in section 1751(c) of the Otto Warmbier Banking Restrictions Involving North Korea Act of 2019.”
## Sec. 6953 Sense of Congress regarding certain ERISA plan investments — added
- It is the sense of Congress that—
- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines engages in investment activities described in section 6951(c), if—
- (A) the fiduciary makes that determination using credible information that is available to the public; and
- (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with—
- (i) a lower rate of return than alternative investments with commensurate degrees of risk; or
- (ii) a higher degree of risk than alternative investments with commensurate rates of return; and
- (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)).
## Sec. 6954 Rule of construction — added
- Nothing in this subtitle, an amendment made by this subtitle, or any other provision of law authorizing sanctions with respect to North Korea shall be construed to affect or displace—
- (1) the authority of a State or local government to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction; or
- (2) the regulation and taxation by the several States of the business of insurance, pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the “McCarran-Ferguson Act”).
## Sec. 6961 Short title — added
- This subtitle may be cited as the “Financial Industry Guidance to Halt Trafficking Act” or the “FIGHT Act”.
## Sec. 6962 Findings — added
- Congress finds the following:
- (1) The terms human trafficking and trafficking in persons are used interchangeably to describe crimes involving the exploitation of a person for the purposes of compelled labor or commercial sex through the use of force, fraud, or coercion.
- (2) According to the International Labour Organization, there are an estimated 24,900,000 people worldwide who are victims of forced labor, including human trafficking victims in the United States.
- (3) Human trafficking is perpetrated for financial gain.
- (4) According to the International Labour Organization, of the estimated $150,000,000,000 or more in global profits generated annually from human trafficking—
- (A) approximately 2/3 are generated by commercial sexual exploitation, exacted by fraud or by force; and
- (B) approximately 1/3 are generated by forced labor.
- (5) Most purchases of commercial sex acts are paid for with cash, making trafficking proceeds difficult to identify in the financial system. Nonetheless, traffickers rely heavily on access to financial institutions as destinations for trafficking proceeds and as conduits to finance every step of the trafficking process.
- (6) Under section 1956 of title 18, United States Code (relating to money laundering), human trafficking is a “specified unlawful activity” and transactions conducted with proceeds earned from trafficking people, or used to further trafficking operations, can be prosecuted as money laundering offenses.
## Sec. 6963 Sense of Congress — added
- It is the sense of Congress that—
- (1) the President should aggressively apply, as appropriate, existing sanctions for human trafficking authorized under section 111 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108);
- (2) the Financial Crimes Enforcement Network of the Department of the Treasury should continue—
- (A) to monitor reporting required under subchapter II of chapter 53 of title 31, United States Code (commonly known as the “Bank Secrecy Act”) and to update advisories, as warranted;
- (B) to periodically review its advisories to provide covered financial institutions, as appropriate, with a list of new “red flags” for identifying activities of concern, particularly human trafficking;
- (C) to encourage entities covered by the advisories described in subparagraph (B) to incorporate relevant elements provided in the advisories into their current transaction and account monitoring systems or in policies, procedures, and training on human trafficking to enable financial institutions to maintain ongoing efforts to examine transactions and accounts;
- (D) to use geographic targeting orders, as appropriate, to impose additional reporting and recordkeeping requirements under section 5326(a) of title 31, United States Code, to carry out the purposes of, and prevent evasions of the Bank Secrecy Act; and
- (E) to utilize the Bank Secrecy Act Advisory Group and other relevant entities to identify opportunities for nongovernmental organizations to share relevant actionable information on human traffickers’ use of the financial sector for nefarious purposes;
- (3) Federal banking regulators, the Department of the Treasury, relevant law enforcement agencies, and the Human Smuggling and Trafficking Center, in partnership with representatives from the United States financial community, should adopt regular forms of sharing information to disrupt human trafficking, including developing protocols and procedures to share actionable information between and amongst covered institutions, law enforcement, and the United States intelligence community;
- (4) training front line bank and money service business employees, school teachers, law enforcement officers, foreign service officers, counselors, and the general public is an important factor in identifying trafficking victims;
- (5) the Department of Homeland Security’s Blue Campaign, training by the BEST Employers Alliance, and similar efforts by industry, human rights, and nongovernmental organizations focused on human trafficking provide good examples of current efforts to educate employees of critical sectors to save victims and disrupt trafficking networks;
- (6) the President should intensify diplomatic efforts, bilaterally and in appropriate international fora, such as the United Nations, to develop and implement a coordinated, consistent, multilateral strategy for addressing the international financial networks supporting human trafficking; and
- (7) in deliberations between the United States Government and any foreign country, including through participation in the Egmont Group of Financial Intelligence Units, regarding money laundering, corruption, and transnational crimes, the United States Government should—
- (A) encourage cooperation by foreign governments and relevant international fora in identifying the extent to which the proceeds from human trafficking are being used to facilitate terrorist financing, corruption, or other illicit financial crimes;
- (B) encourage cooperation by foreign governments and relevant international fora in identifying the nexus between human trafficking and money laundering;
- (C) advance policies that promote the cooperation of foreign governments, through information sharing, training, or other measures, in the enforcement of this subtitle;
- (D) encourage the Financial Action Task Force to update its July 2011 typology reports entitled, “Laundering the Proceeds of Corruption” and “Money Laundering Risks Arising from Trafficking in Human Beings and Smuggling of Migrants”, to identify the money laundering risk arising from the trafficking of human beings; and
- (E) encourage the Egmont Group of Financial Intelligence Units to study the extent to which human trafficking operations are being used for money laundering, terrorist financing, or other illicit financial purposes.
## Sec. 6964 Coordination of human trafficking issues by the Office of Terrorism and Financial Intelligence — added
- (a) Functions— Section 312(a)(4) of title 31, United States Code, is amended—
- (1) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and
- (2) by inserting after subparagraph (D) the following:
- “(E) combating illicit financing relating to human trafficking;”
- (b) Interagency coordination— Section 312(a) of such title is amended by adding at the end the following:
- “(8) Interagency coordination—The Secretary of the Treasury, after consultation with the Undersecretary for Terrorism and Financial Crimes, shall designate an office within the OTFI that shall coordinate efforts to combat the illicit financing of human trafficking with—
- “(A) other offices of the Department of the Treasury;
- “(B) other Federal agencies, including—
- “(i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and
- “(ii) the Interagency Task Force to Monitor and Combat Trafficking;
- “(C) State and local law enforcement agencies; and
- “(D) foreign governments.”
## Sec. 6965 Strengthening the role of anti-money laundering and other financial tools in combating human trafficking — added
- (a) Interagency task force recommendations targeting money laundering related to human trafficking—
- (1) In general— Not later than 270 days after the date of the enactment of this Act, the Interagency Task Force to Monitor and Combat Trafficking shall submit to the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, the Secretary of the Treasury, and each appropriate Federal banking agency—
- (A) an analysis of anti-money laundering efforts of the United States Government, United States financial institutions, and multilateral development banks related to human trafficking; and
- (B) appropriate legislative, administrative, and other recommendations to strengthen efforts against money laundering relating to human trafficking.
- (2) Required recommendations— The recommendations under paragraph (1) shall include—
- (A) best practices based on successful anti-human trafficking programs currently in place at domestic and international financial institutions that are suitable for broader adoption;
- (B) feedback from stakeholders, including victims of severe trafficking in persons, advocates of persons at risk of becoming victims of severe forms of trafficking in persons, the United States Advisory Council on Human Trafficking, civil society organizations, and financial institutions on policy proposals derived from the analysis conducted by the task force referred to in paragraph (1) that would enhance the efforts and programs of financial institutions to detect and deter money laundering related to human trafficking, including any recommended changes to internal policies, procedures, and controls related to human trafficking;
- (C) any recommended changes to training programs at financial institutions to better equip employees to deter and detect money laundering related to human trafficking; and
- (D) any recommended changes to expand human trafficking-related information sharing among financial institutions and between such financial institutions, appropriate law enforcement agencies, and appropriate Federal agencies.
- (b) Additional reporting requirement— Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
- (1) in the matter preceding subparagraph (A)—
- (A) by inserting “the Committee on Financial Services,” after “the Committee on Foreign Affairs”; and
- (B) by inserting “the Committee on Banking, Housing, and Urban Affairs,” after “the Committee on Foreign Relations,”;
- (2) in subparagraph (Q)(vii), by striking “; and” and inserting a semicolon;
- (3) in subparagraph (R), by striking the period at the end and inserting “; and”; and
- (4) by adding at the end the following:
- “(S) the efforts of the United States to eliminate money laundering related to human trafficking and the number of investigations, arrests, indictments, and convictions in money laundering cases with a nexus to human trafficking.”
- (c) Required review of procedures— Not later than 180 days after the date of the enactment of this Act, the Federal Financial Institutions Examination Council, in consultation with the Secretary of the Treasury, victims of severe forms of trafficking in persons, advocates of persons at risk of becoming victims of severe forms of trafficking in persons, the United States Advisory Council on Trafficking, civil society organizations, the private sector, and appropriate law enforcement agencies, shall—
- (1) review and enhance training and examinations procedures to improve the surveillance capabilities of anti-money laundering and countering the financing of terrorism programs to detect human trafficking-related financial transactions;
- (2) review and enhance procedures for referring potential human trafficking cases to the appropriate law enforcement agency; and
- (3) determine, as appropriate, whether requirements for financial institutions and covered financial institutions are sufficient to detect and deter money laundering related to human trafficking.
- (d) Limitations— Nothing in this section shall be construed to—
- (1) grant rulemaking authority to the Interagency Task Force to Monitor and Combat Trafficking; or
- (2) authorize financial institutions to deny services to or violate the privacy of victims of trafficking, victims of severe forms of trafficking, or individuals not responsible for promoting severe forms of trafficking in persons.
## Sec. 6966 Sense of Congress on resources to combat human trafficking — added
- It is the sense of Congress that—
- (1) adequate funding should be provided for critical Federal efforts to combat human trafficking;
- (2) the Department of the Treasury should have the appropriate resources to vigorously investigate human trafficking networks under section 111 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108) and other relevant statutes and Executive orders;
- (3) the Department of the Treasury and the Department of Justice should each have the capacity and appropriate resources to support technical assistance to develop foreign partners’ ability to combat human trafficking through strong national anti-money laundering and countering the financing of terrorism programs;
- (4) each United States Attorney’s Office should be provided appropriate funding to increase the number of personnel for community education and outreach and investigative support and forensic analysis related to human trafficking; and
- (5) the Department of State should be provided additional resources, as necessary, to carry out the Survivors of Human Trafficking Empowerment Act (section 115 of Public Law 114–22; 129 Stat. 243).
## Sec. 6971 Exception relating to importation of goods — added
- (a) In general— The authorities and requirements to impose sanctions authorized under this title or the amendments made by this title shall not include the authority or requirement to impose sanctions on the importation of goods.
- (b) Good defined— In this section, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
## Sec. 7801 Prioritization of projects in annual report on unfunded requirements for laboratory military construction projects — added
- Section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note) is amended—
- (1) by striking “Assistant Secretary of Defense for Energy, Installations, and Environment” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
- (2) by striking “reporting” and inserting “report”; and
- (3) by inserting “in prioritized order, with specific accounts and program elements identified,” after “evaluation facilities,”.
## Sec. 7802 Prohibition on use of funds to reduce air base resiliency or demolish protected aircraft shelters in the European theater without creating a similar protection from attack — added
- (a) Ineffectiveness of section 2802— Section 2802 shall have no force or effect.
- (b) Prohibition— No funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any activity that reduces air base resiliency or demolishes protected aircraft shelters in the European theater, and the Department may not otherwise implement any such activity, without creating a similar protection from attack in the European theater until such time as the Secretary of Defense certifies to the congressional defense committees that protected aircraft shelters are not required in the European theater.
## Sec. 7803 Prohibition on use of funds to close or return to the host national any existing air base — added
- (a) Ineffectiveness of section 2803— Section 2803 shall have no force or effect.
- (b) Prohibition— No funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any activity that closes or returns to the host nation any existing air base, and the Department may not otherwise implement any such activity, until such time as the Secretary of Defense certifies that there is no longer a need for a rotational military presence in the European theater.
## Sec. 7804 Report on unfunded requirements for major and minor military construction projects for child development centers of the Department of Defense and increase of maximum amounts for such minor projects — added
- (a) Report—
- (1) In general— The Under Secretary of Defense for Personnel and Readiness, in coordination with the Assistant Secretary for Energy, Installations, and Environment for each military department, shall submit to the congressional defense committees each year, at the time the budget of the President for the fiscal year beginning in such year is submitted to Congress under section 1105(a) of title 31, United States Code, a report, in priority order, listing unfunded requirements for major and minor military construction projects for child development centers of the Department of Defense.
- (2) Inclusion of form— Each report submitted under paragraph (1) shall include a Department of Defense Form DD1391 for each major and minor military construction project included in the report.
- (b) Increased maximum amounts applicable to minor construction projects for child development centers—
- (1) In general— For the purpose of any minor military construction project for a child development center carried out on or after the date of the enactment of this Act, the amount specified in section 2805(a)(2) of title 10, United States Code, is deemed to be $15,000,000.
- (2) Sunset— This subsection shall terminate on the date that is three years after the date of the enactment of this Act.
- (c) Sense of the Senate— It is the Sense of the Senate that the Senate recognizes the need for additional investment in child development centers and remains committed to ensuring that future executable requirements for child development centers are funded as much as possible beginning in fiscal year 2020 based on the list of unfunded requirements included in the report submitted under subsection (a).
## Sec. 7805 Modification of authorized uses of certain property conveyed by the United States in Los Angeles, California — added
- (a) In general— Section 2 of Public Law 85–236 (71 Stat. 517) is amended in the first sentence by inserting after “for other military purposes” the following: “and for purposes of meeting the needs of the homeless (as that term is defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302))”.
- (b) Modification of use—
- (1) Application— The State of California may submit to the Administrator of General Services an application for use of the property conveyed pursuant to section 2 of Public Law 85–236 for purposes of meeting the needs of the homeless in accordance with the amendment made by subsection (a).
- (2) Review of application—
- (A) In general— Not later than 60 days after the date of receipt of an application pursuant to paragraph (1), the Administrator and the Secretary of Health and Human Services shall jointly determine whether the use of the property described in the application is a use for purposes of meeting the needs of the homeless.
- (B) Concurrence by Secretary of the Army— If the Administrator and the Secretary of Health and Human Services jointly determine that the use of the property described in the application is for purposes of meeting the needs of the homeless, the Administrator shall request concurrence by the Secretary of the Army that the proposed use to meet the needs of the homeless does not preclude current and anticipated future use of the property for training of the National Guard and for other military purposes.
- (3) Modification of instrument of conveyance— If the Secretary of the Army concurs that the proposed use to meet the needs of the homeless does not preclude current and anticipated future use of the property for training of the National Guard and for other military purposes, the Administrator shall execute and record in the appropriate office an instrument of modification of the deed of conveyance executed pursuant to Public Law 85–236 in order to authorize such use of the property. The instrument shall include such additional terms and conditions as the Administrator considers appropriate to protect the interests of the United States.
## Sec. 8101 Implementation of common financial reporting system for nuclear security enterprise — added
- Not more than 90 percent of the funds authorized to be appropriated by section 3101 for the National Nuclear Security Administration for fiscal year 2020 for Federal salaries and expenses and available for travel and transportation may be obligated or expended before the date on which the Administrator for Nuclear Security completes implementation of the common financial reporting system for the nuclear security enterprise as required by section 3113(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 2512 note).
## Sec. 8102 Modification to certain requirements relating to plutonium pit production capacity — added
- (a) Sense of the Senate— It is the sense of the Senate that—
- (1) rebuilding a robust plutonium pit production infrastructure with a capacity of up to 80 pits per year is critical to maintaining the viability of the nuclear stockpile;
- (2) that effort will require cooperation from experts across the nuclear security enterprise; and
- (3) any further delay to achieving a plutonium sustainment capability to support the planned stockpile life extension programs will result in an unacceptable capability gap to our deterrent posture.
- (b) Modification to requirements— Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended—
- (1) in subsection (a), by striking paragraph (5) and inserting the following:
- “(5) during 2030, produces not less than 80 war reserve plutonium pits.”
- (2) by striking subsection (b);
- (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;
- (4) in subsection (b), as redesignated by paragraph (2), by striking “2027 (or, if the authority under subsection (b) is exercised, 2029)” and inserting “2030”; and
- (5) in subsection (c), as redesignated by paragraph (2), by striking “subsection (c)” and inserting “subsection (b)”.
## Sec. 8202 Membership of Defense Nuclear Facilities Safety Board — added
- The text of section 3202(b)(1)(A) is hereby deemed to read as follows:
- “(1) in paragraph (1), by striking the second sentence and inserting the following new sentences: “A member may be reappointed for a second term only if the member was confirmed by the Senate more than two years into the member's first term. A member may not be reappointed for a third term.”.”
## Sec. 8500 Ineffectiveness of title XXXV — added
- Title XXXV and the amendment made by that title shall have no force or effect.
## Sec. 8501 Short title — added
- This title may be cited as the “Maritime Administration Authorization and Enhancement Act of 2019”.
## Sec. 8511 Authorization of the Maritime Administration — added
- (a) In general— There are authorized to be appropriated to the Department of Transportation for fiscal year 2020, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States Merchant Marine, the following amounts:
- (1) For expenses necessary for operations of the United States Merchant Marine Academy, $95,944,000, of which—
- (A) $77,944,000 shall remain available until September 30, 2021 for Academy operations; and
- (B) $18,000,000 shall remain available until expended for capital asset management at the Academy.
- (2) For expenses necessary to support the State maritime academies, $50,280,000, of which—
- (A) $2,400,000 shall remain available until September 30, 2021, for the Student Incentive Program;
- (B) $6,000,000 shall remain available until expended for direct payments to such academies;
- (C) $30,080,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels;
- (D) $3,800,000 shall remain available until expended for training ship fuel assistance; and
- (E) $8,000,000 shall remain available until expended for offsetting the costs of training ship sharing.
- (3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $600,000,000, which shall remain available until expended.
- (4) For expenses necessary to support Maritime Administration operations and programs, $60,442,000, of which $5,000,000 shall remain available until expended for activities authorized under section 50307 of title 46, United States Code.
- (5) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $5,000,000, which shall remain available until expended.
- (6) For expenses necessary to maintain and preserve a United States flag Merchant Marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $300,000,000, which shall remain available until expended.
- (7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which—
- (A) $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under the program, which shall remain available until expended; and
- (B) $3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
- (8) For expenses necessary to provide assistance to small shipyards and for maritime training programs under section 54101 of title 46, United States Code, $40,000,000, which shall remain available until expended.
- (9) For expenses necessary to implement the Port and Intermodal Improvement Program, $600,000,000, except that no funds shall be used for a grant award to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs that relate to the movement of goods through a port and its intermodal connections.
## Sec. 8512 Maritime Security Program — added
- (a) Award of operating agreements— Section 53103 of title 46, United States Code, is amended by striking “2025” each place it appears and inserting “2035”.
- (b) Effectiveness of operating agreements— Section 53104(a) of title 46, United States Code, is amended by striking “2025” and inserting “2035”.
- (c) Payments— Section 53106(a)(1) of title 46, United States Code, is amended—
- (1) in subparagraph (B), by striking “and” after the semicolon;
- (2) in subparagraph (C), by striking “$3,700,000 for each of fiscal years 2022, 2023, 2024, and 2025.” and inserting “$5,233,463 for each of fiscal years 2022, 2023, 2024, and 2025; and”; and
- (3) by adding at the end the following:
- “(D) $5,233,463 for each of fiscal years 2026 through 2035.”
- (d) Authorization of appropriations— Section 53111 of title 46, United States Code, is amended—
- (1) in paragraph (2), by striking “and” after the semicolon;
- (2) in paragraph (3), by striking “$222,000,000 for each fiscal year thereafter through fiscal year 2025.” and inserting “$314,007,780 for each of fiscal years 2022, 2023, 2024, and 2025; and”; and
- (3) by adding at the end the following:
- “(4) $314,007,780 for each of fiscal years 2026 through 2035.”
## Sec. 8513 Department of Transportation Inspector General Report — added
- The Inspector General of the Department of Transportation shall—
- (1) not later than 180 days after the date of enactment of this title, initiate an audit of the Maritime Administration’s actions to address only those recommendations from Chapter 3 and recommendations 5–1, 5–2, 5–3, 5–4, 5–5, and 5–6 identified by a National Academy of Public Administration panel in the November 2017 report entitled “Maritime Administration: Defining its Mission, Aligning its Programs, and Meeting its Objectives”; and
- (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of that audit once the audit is completed.
## Sec. 8514 Appointment of candidates attending sponsored preparatory school — added
- Section 51303 of title 46, United State Code, is amended—
- (1) by striking “The Secretary” and inserting the following:
- “(a) In General—The Secretary”
- (2) by adding at the end the following:
- “(b) Appointment of candidates selected for preparatory school sponsorship—The Secretary of Transportation may appoint each year as cadets at the United States Merchant Marine Academy not more than 40 qualified individuals sponsored by the Academy to attend preparatory school during the academic year prior to entrance in the Academy, and who have successfully met the terms and conditions of sponsorship set by the Academy.”
## Sec. 8515 Independent study on the United States Merchant Marine Academy — added
- (a) In general— Not later than 180 days after the date of enactment of this title, the Secretary of Transportation shall seek to enter into an agreement with the National Academy of Public Administration (referred to in this section as the “Academy”) to carry out the activities described in this section.
- (b) Study elements— In accordance with the agreement described in subsection (a), the Academy shall conduct a study of the United States Merchant Marine Academy that consists of the following:
- (1) A comprehensive assessment of the United States Merchant Marine Academy’s systems, training, facilities, infrastructure, information technology, and stakeholder engagement.
- (2) Identification of needs and opportunities for modernization to help the United States Merchant Marine Academy keep pace with more modern campuses.
- (3) Development of an action plan for the United States Merchant Marine Academy with specific recommendations for—
- (A) improvements or updates relating to the opportunities described in paragraph (2); and
- (B) systemic changes needed to help the United States Merchant Marine Academy achieve its mission of inspiring and educating the next generation of the mariner workforce on a long-term basis.
- (c) Deadline and report— Not later than 1 year after the date of the agreement described in subsection (a), the Academy shall prepare and submit to the Administrator of the Maritime Administration a report containing the action plan described in subsection (b)(3), including specific findings and recommendations.
## Sec. 8516 General support program — added
- Section 51501 of title 46, United States Code, is amended by adding at the end the following:
- “(c) National maritime centers of excellence—The Secretary shall designate each State maritime academy as a National Maritime Center of Excellence.”
## Sec. 8517 Military to mariner — added
- (a) Credentialing support— Not later than 1 year after the date of enactment of this title, the Secretary of Defense, the Secretary of the Department in which the Coast Guard operates, the Secretary of Commerce, and the Secretary of Health and Human Services, with respect to the applicable services in their respective departments, and in coordination with one another and with the United States Committee on the Marine Transportation System, and in consultation with the Merchant Marine Personnel Advisory Committee, shall, consistent with applicable law, identify all training and experience within the applicable service that may qualify for merchant mariner credentialing, and submit a list of all identified training and experience to the United States Coast Guard National Maritime Center for a determination of whether such training and experience counts for credentialing purposes.
- (b) Review of applicable service— The United States Coast Guard Commandant shall make a determination of whether training and experience counts for credentialing purposes, as described in subsection (a), not later than 6 months after the date on which the United States Coast Guard National Maritime Center receives a submission under subsection (a) identifying a training or experience and requesting such a determination.
- (c) Fees and services— The Secretary of Defense, the Secretary of the Department in which the Coast Guard operates, and the Secretary of Commerce, with respect to the applicable services in their respective departments, shall—
- (1) take all necessary and appropriate actions to provide for the waiver of fees through the National Maritime Center license evaluation, issuance, and examination for members of the uniformed services on active duty, if a waiver is authorized and appropriate, and, if a waiver is not granted, take all necessary and appropriate actions to provide for the payment of fees for members of the uniformed services on active duty by the applicable service to the fullest extent permitted by law;
- (2) direct the applicable services to take all necessary and appropriate actions to provide for Transportation Worker Identification Credential cards for members of the uniformed services on active duty pursuing or possessing a mariner credential, such as implementation of an equal exchange process for active duty service members at no or minimal cost;
- (3) ensure that members of the applicable services who are to be discharged or released from active duty and who request certification or verification of sea service be provided such certification or verification no later than one month after discharge or release;
- (4) ensure the applicable services have developed, or continue to operate, as appropriate, the online resource known as Credentialing Opportunities On-Line to support separating members of the uniformed services who are seeking information and assistance on merchant mariner credentialing; and
- (5) not later than 1 year after the date of enactment of this section, take all necessary and appropriate actions to review and implement service-related medical certifications to merchant mariner credential requirements.
- (d) Advancing military to mariner within the employer agencies—
- (1) In General— The Secretary of Defense, the Secretary of the Department in which the Coast Guard operates, and the Secretary of Commerce shall have direct hiring authority to employ separated members of the uniformed services with valid merchant mariner licenses or sea service experience in support of United States national maritime needs, including the Army Corps of Engineers, U.S. Customs and Border Protection, and the National Oceanic and Atmospheric Administration.
- (2) Appointments of retired members of the Armed Forces— Except in the case of positions in the Senior Executive Service, the requirements of section 3326(b) of title 5, United States Code, shall not apply with respect to the hiring of a separated member of the uniformed services under paragraph (1).
- (e) Separated member of the uniformed services— In this section, the term separated member of the uniformed services means an individual who—
- (1) is retiring or is retired as a member of the uniformed services;
- (2) is voluntarily separating or voluntarily separated from the uniformed services at the end of enlistment or service obligation; or
- (3) is administratively separating or has administratively separated from the uniformed services with an honorable or general discharge characterization.
## Sec. 8518 Salvage recoveries of federally owned cargoes — added
- Section 57100 of title 46, United States Code, is amended by adding at the end the following:
- “(h) Funds transfer authority related to the use of National Defense Reserve Fleet vessels and the provision of maritime-related services
- “(1) In General—When the Secretary of Transportation provides for the use of its vessels or maritime-related services and goods under a reimbursable agreement with a Federal entity, or State or local entity, authorized to receive goods and services from the Maritime Administration for programs, projects, activities, and expenses related to the National Defense Reserve Fleet or maritime-related services:
- “(A) Federal entities are authorized to transfer funds to the Secretary in advance of expenditure or upon providing the goods or services ordered, as determined by the Secretary.
- “(B) The Secretary shall determine all other terms and conditions under which such payments should be made and provide such goods and services using its existing or new contracts, including general agency agreements, memoranda of understanding, or similar agreements.
- “(2) Reimbursable agreement with a Federal entity
- “(A) In General—The Maritime Administration is authorized to provide maritime-related services and goods under a reimbursable agreement with a Federal entity.
- “(B) Maritime-related services defined—For the purposes of this subsection, maritime-related services includes the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other installation related to the maritime operations of a Federal entity.
- “(3) Salvaging cargoes
- “(A) In General—The Maritime Administration may provide services and purchase goods relating to the salvaging of cargoes aboard vessels in the custody or control of the Maritime Administration or its predecessor agencies and receive and retain reimbursement from Federal entities for all such costs as it may incur.
- “(B) Reimbursement—Reimbursement as provided for in subparagraph (A) may come from—
- “(i) the proceeds recovered from such salvage; or
- “(ii) the Federal entity for which the Maritime Administration has or will provide such goods and services, depending on the agreement of the parties involved.
- “(4) Amounts received—Amounts received as reimbursements under this subsection shall be credited to the fund or account that was used to cover the costs incurred by the Secretary or, if the period of availability of obligations for that appropriation has expired, to the appropriation of funds that is currently available to the Secretary for substantially the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
- “(5) Advance Payments—Payments made in advance shall be for any part of the estimated cost as determined by the Secretary of Transportation. Adjustments to the amounts paid in advance shall be made as agreed to by the Secretary of Transportation and the head of the ordering agency or unit based on the actual cost of goods or services provided.
- “(6) Bill or request for payment—A bill submitted or a request for payment is not subject to audit or certification in advance of payment.”
## Sec. 8519 Salvage recoveries for subrogated ownership of vessels and cargoes — added
- Section 53909 of title 46, United States Code, is amended by adding at the end the following:
- “(e) Salvage agreements—The Secretary of Transportation is authorized to enter into marine salvage agreements for the recoveries, sale, and disposal of sunken or damaged vessels, cargoes, or properties owned or insured by or on behalf of the Maritime Administration, the United States Shipping Board, the U.S. Shipping Bureau, the United States Maritime Commission, or the War Shipping Administration.
- “(f) Military craft—The Secretary of Transportation shall consult with the Secretary of the military department concerned prior to engaging in or authorizing any activity under subsection (e) that will disturb sunken military craft, as defined in title XIV of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 113 note).
- “(g) Recoveries—Notwithstanding other provisions of law, the net proceeds from salvage agreements entered into as authorized in subsection (e) shall remain available until expended and be distributed as follows for marine insurance-related salvages:
- “(1) Fifty percent of the net funds recovered shall be deposited in the war risk revolving fund and shall be available for the purposes of the war risk revolving fund.
- “(2) Fifty percent of the net funds recovered shall be deposited in the Vessel Operations Revolving Fund as established by section 50301(a) of this title and shall be available until expended as follows:
- “(A) Fifty percent shall be available to the Administrator of the Maritime Administration for such acquisition, maintenance, repair, reconditioning, or improvement of vessels in the National Defense Reserve Fleet as is authorized under other Federal law.
- “(B) Twenty-five percent shall be available to the Administrator of the Maritime Administration for the payment or reimbursement of expenses incurred by or on behalf of State maritime academies or the United States Merchant Marine Academy for facility and training ship maintenance, repair, and modernization, and for the purchase of simulators and fuel.
- “(C) The remainder shall be distributed for maritime heritage preservation to the Department of the Interior for grants as authorized by section 308703 of title 54.”
## Sec. 8520 Port operations, research, and technology — added
- (a) Short title— This section may be cited as the “Ports Improvement Act”.
- (b) Port and intermodal improvement program— Section 50302 of title 46, United States Code, is amended by striking subsection (c) and inserting the following:
- “(c) Port and intermodal improvement program
- “(1) General authority—Subject to the availability of appropriations, the Secretary of Transportation shall make grants, on a competitive basis, to eligible applicants to assist in funding eligible projects for the purpose of improving the safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports.
- “(2) Eligible applicant—The Secretary may make a grant under this subsection to the following:
- “(A) A State.
- “(B) A political subdivision of a State, or a local government.
- “(C) A public agency or publicly chartered authority established by 1 or more States.
- “(D) A special purpose district with a transportation function.
- “(E) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), without regard to capitalization), or a consortium of Indian Tribes.
- “(F) A multistate or multijurisdictional group of entities described in this paragraph.
- “(G) A lead entity described in subparagraph (A), (B), (C), (D), (E), or (F) jointly with a private entity or group of private entities.
- “(3) Eligible projects—The Secretary may make a grant under this subsection—
- “(A) for a project, or package of projects, that—
- “(i) is either—
- “(I) within the boundary of a port; or
- “(II) outside the boundary of a port, but is directly related to port operations or to an intermodal connection to a port; and
- “(ii) will be used to improve the safety, efficiency, or reliability of—
- “(I) the loading and unloading of goods at the port, such as for marine terminal equipment;
- “(II) the movement of goods into, out of, around, or within a port, such as for highway or rail infrastructure, intermodal facilities, freight intelligent transportation systems, and digital infrastructure systems; or
- “(III) environmental mitigation measures and operational improvements directly related to enhancing the efficiency of ports and intermodal connections to ports; or
- “(B) notwithstanding paragraph (6)(A)(v), to provide financial assistance to 1 or more projects under subparagraph (A) for development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, and preliminary engineering and design work.
- “(4) Prohibited uses—A grant award under this subsection may not be used—
- “(A) to finance or refinance the construction, reconstruction, reconditioning, or purchase of a vessel that is eligible for such assistance under chapter 537, unless the Secretary determines such vessel—
- “(i) is necessary for a project described in paragraph (3)(A)(ii)(III) of this subsection; and
- “(ii) is not receiving assistance under chapter 537; or
- “(B) for any project within a small shipyard (as defined in section 54101).
- “(5) Applications and process
- “(A) Applications—To be eligible for a grant under this subsection, an eligible applicant shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary considers appropriate.
- “(B) Solicitation process—Not later than 60 days after the date that amounts are made available for grants under this subsection for a fiscal year, the Secretary shall solicit grant applications for eligible projects in accordance with this subsection.
- “(6) Project selection criteria
- “(A) In general—The Secretary may select a project described in paragraph (3) for funding under this subsection if the Secretary determines that—
- “(i) the project improves the safety, efficiency, or reliability of the movement of goods through a port or intermodal connection to a port;
- “(ii) the project is cost effective;
- “(iii) the eligible applicant has authority to carry out the project;
- “(iv) the eligible applicant has sufficient funding available to meet the matching requirements under paragraph (8);
- “(v) the project will be completed without unreasonable delay; and
- “(vi) the project cannot be easily and efficiently completed without Federal funding or financial assistance available to the project sponsor.
- “(B) Additional considerations—In selecting projects described in paragraph (3) for funding under this subsection, the Secretary shall give substantial weight to—
- “(i) the utilization of non-Federal contributions;
- “(ii) the net benefits of the funds awarded under this subsection, considering the cost-benefit analysis of the project, as applicable; and
- “(iii) the public benefits of the funds awarded under this subsection.
- “(C) Small projects—The Secretary may waive the cost-benefit analysis under subparagraph (A)(ii), and establish a simplified, alternative basis for determining whether a project is cost effective, for a small project described in paragraph (7)(B).
- “(7) Allocation of funds
- “(A) Geographic distribution—Not more than 25 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for projects in any 1 State.
- “(B) Small projects—The Secretary shall reserve 25 percent of the amounts made available for grants under this subsection each fiscal year to make grants for eligible projects described in paragraph (3)(A) that request the lesser of—
- “(i) 10 percent of the amounts made available for grants under this subsection for a fiscal year; or
- “(ii) $11,000,000.
- “(C) Development phase activities—Not more than 10 percent of the amounts made available for grants under this subsection for a fiscal year may be used to make grants for development phase activities under paragraph (3)(B).
- “(8) Federal share of total project costs
- “(A) Total project costs—To be eligible for a grant under this subsection, an eligible applicant shall submit to the Secretary an estimate of the total costs of a project under this subsection based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
- “(B) Federal share
- “(i) In general—Except as provided in clause (ii), the Federal share of the total costs of a project under this subsection shall not exceed 80 percent.
- “(ii) Rural areas—The Secretary may increase the Federal share of costs above 80 percent for a project located in a rural area.
- “(9) Procedural safeguards—The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that—
- “(A) grant funds are used for the purposes for which those funds were made available;
- “(B) each grantee properly accounts for all expenditures of grant funds; and
- “(C) grant funds not used for such purposes and amounts not obligated or expended are returned.
- “(10) Conditions
- “(A) In general—The Secretary shall require as a condition of making a grant under this subsection that a grantee—
- “(i) maintain such records as the Secretary considers necessary;
- “(ii) make the records described in clause (i) available for review and audit by the Secretary; and
- “(iii) periodically report to the Secretary such information as the Secretary considers necessary to assess progress.
- “(B) Labor—The Federal wage rate requirements of subchapter IV of chapter 31 of title 40 shall apply, in the same manner as such requirements apply to contracts subject to such subchapter, to—
- “(i) each project for which a grant is provided under this subsection; and
- “(ii) all portions of a project described in clause (i), regardless of whether such a portion is funded using—
- “(I) other Federal funds; or
- “(II) non-Federal funds.
- “(11) Limitation on statutory construction—Nothing in this subsection shall be construed to affect existing authorities to conduct port infrastructure programs in—
- “(A) Hawaii, as authorized by section 9008 of the SAFETEA–LU Act (Public Law 109–59; 119 Stat. 1926);
- “(B) Alaska, as authorized by section 10205 of the SAFETEA–LU Act (Public Law 109–59; 119 Stat. 1934); or
- “(C) Guam, as authorized by section 3512 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r).
- “(12) Administration
- “(A) Administrative and oversight costs—The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year under this subsection for the administrative and oversight costs incurred by the Secretary to carry out this subsection.
- “(B) Availability
- “(i) In general—Amounts appropriated for carrying out this subsection shall remain available until expended.
- “(ii) Unexpended funds—Amounts awarded as a grant under this subsection that are not expended by the grantee during the 5-year period following the date of the award shall remain available to the Secretary for use for grants under this subsection in a subsequent fiscal year.
- “(13) Definitions—In this subsection:
- “(A) Appropriate committees of Congress—The term appropriate committees of Congress means—
- “(i) the Committee on Commerce, Science, and Transportation of the Senate; and
- “(ii) the Committee on Transportation and Infrastructure of the House of Representatives.
- “(B) Port—The term port includes—
- “(i) a seaport; and
- “(ii) an inland waterways port.
- “(C) Project—The term project includes construction, reconstruction, environmental rehabilitation, acquisition of property, including land related to the project and improvements to the land, equipment acquisition, and operational improvements.
- “(D) Rural area—The term rural area means an area that is outside an urbanized area.
- “(d) Additional authority of the Secretary—In carrying out this section, the Secretary may—
- “(1) receive funds from a Federal or non-Federal entity that has a specific agreement with the Secretary to further the purposes of this section;
- “(2) coordinate with other Federal agencies to expedite the process established under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port facilities to improve the efficiency of the transportation system, to increase port security, or to provide greater access to port facilities;
- “(3) seek to coordinate all reviews or requirements with appropriate Federal, State, and local agencies; and
- “(4) in addition to any financial assistance provided under subsection (c), provide such technical assistance to port authorities or commissions or their subdivisions and agents as needed for project planning, design, and construction.”
- (c) Savings clause— A repeal made by subsection (b) of this section shall not affect amounts apportioned or allocated before the effective date of the repeal. Such apportioned or allocated funds shall continue to be subject to the requirements to which the funds were subject under section 50302(c) of title 46, United States Code, as in effect on the day before the date of enactment of this title.
## Sec. 8521 Assessment and report on strategic seaports — added
- (a) In general— Not later than 90 days after the date of the enactment of this title, the Secretary of Defense shall submit to the congressional defense committees a report on port facilities used for military purposes at ports designated by the Department of Defense as strategic seaports.
- (b) Elements— The report required by subsection (a) shall include, with respect to port facilities included in the report, the following:
- (1) An assessment whether there are structural integrity or other deficiencies in such facilities.
- (2) If there are such deficiencies—
- (A) an assessment of infrastructure improvements to such facilities that would be needed to meet, directly or indirectly, national security and readiness requirements;
- (B) an assessment of the impact on operational readiness of the Armed Forces if such improvements are not undertaken; and
- (C) an identification of, to the maximum extent practical, all potential funding sources for such improvements from existing authorities.
- (3) An identification of the support that would be appropriate for the Department of Defense to provide in the execution of the Secretary of Transportation's responsibilities under section 50302 of title 46, United States Code, with respect to such facilities.
- (4) If additional statutory or administrative authorities would be required for the provision of support as described in paragraph (3), recommendations for legislative or administrative action to establish such authorities.
- (c) Consultation— The Secretary of Defense shall prepare the report required by subsection (a) in consultation with the Maritime Administrator and the individual responsible for each port facility described in such subsection.
## Sec. 8522 Maritime technical assistance program — added
- Section 50307 of title 46, United States Code, is amended—
- (1) in subsection (a), by striking “The Secretary of Transportation may engage in the environmental study” and inserting “The Maritime Administrator, on behalf of the Secretary of Transportation, shall engage in the study”;
- (2) in subsection (b)—
- (A) in the matter preceding paragraph (1), by striking “may” and inserting “shall”; and
- (B) in paragraph (1)—
- (i) in the matter preceding subparagraph (A), by striking “that are likely to achieve environmental improvements by” and inserting “to improve”;
- (ii) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively;
- (iii) by inserting before clause (i), the following:
- “(A) environmental performance to meet United States Federal and international standards and guidelines, including—”
- (iv) in clause (iii), as redesignated by clause (ii), by striking “species; and” and all that follows through the end of the subsection and inserting “species; or
- “(iv) reducing propeller cavitation; and
- “(B) the efficiency and safety of domestic maritime industries; and
- “(2) coordinate with the Environmental Protection Agency, the Coast Guard, and other Federal, State, local, or tribal agencies, as appropriate.”
- (3) in subsection (c)(2), by striking “benefits” and inserting “or other benefits to domestic maritime industries”; and
- (4) by adding at the end the following:
- “(e) Limitations on the use of funds—Not more than 3 percent of funds appropriated to carry out this program may be used for administrative purposes.”
## Sec. 8523 Requirement for small shipyard grantees — added
- 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”
- (2) by adding at the end the following:
- “(2) Buy america
- “(A) In general—Subject to subparagraph (B), no funds may be obligated by the Administrator of the Maritime Administration under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is—
- “(i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or
- “(ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
- “(B) Exceptions
- “(i) In general—Notwithstanding subparagraph (A), the requirements of that subparagraph shall not apply with respect to a particular product or material if the Administrator determines—
- “(I) that the application of those requirements would be inconsistent with the public interest;
- “(II) that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or
- “(III) that inclusion of a domestic product or material will increase the cost of that product or material by more than 25 percent, with respect to a certain contract between a grantee and that grantee's supplier.
- “(ii) Federal register—A determination made by the Administrator under this subparagraph shall be published in the Federal Register.
- “(C) Definitions—ln this paragraph:
- “(i) The term commercially available off-the-shelf item means—
- “(I) any item of supply (including construction material) that is—
- “(aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of enactment of the Maritime Administration Authorization and Enhancement Act of 2019); and
- “(bb) sold in substantial quantities in the commercial marketplace; and
- “(II) does not include bulk cargo, as defined in section 40102(4) of this title, such as agricultural products and petroleum products.
- “(ii) The term product or material means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
- “(iii) The term United States includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.”
## Sec. 8524 Improvement of National Oceanographic Partnership Program — added
- (a) Additional means of achievement of goals of Program through oceanographic efforts— Section 8931(b)(2)(A) of title 10, United States Code, is amended—
- (1) by inserting “, creating,” after “identifying”; and
- (2) by inserting “science,” after “areas of”.
- (b) National Ocean Research Leadership Council membership— Section 8932 of title 10, United States Code, is amended—
- (1) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively;
- (2) in subsection (b)—
- (A) by striking paragraph (10);
- (B) by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively; and
- (C) by inserting after paragraph (9) the following new paragraphs:
- “(10) The Director of the Bureau of Ocean Energy Management of the Department of the Interior.
- “(11) The Director of the Bureau of Safety and Environmental Enforcement of the Department of the Interior.”
- (3) in subsection (d)—
- (A) in paragraph (2)—
- (i) in subparagraph (B), by striking “broad participation within the oceanographic community” and inserting “appropriate participation within the oceanographic community, which may include public, academic, commercial, and private participation or support”; and
- (ii) in subparagraph (E), by striking “peer”; and
- (B) in paragraph (3), by striking subparagraph (D) and inserting the following:
- “(D) Preexisting facilities, such as regional data centers operated by the Integrated Ocean Observing System, and expertise.”
- (4) in subsection (e)—
- (A) in the subsection heading by striking “Report” and inserting “Briefing”;
- (B) in the matter preceding paragraph (1), by striking “to Congress a report” and inserting “to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Armed Services of the House of Representatives a briefing”;
- (C) by striking “report” and inserting “briefing” each place the term appears;
- (D) by striking paragraph (4) and inserting the following:
- “(4) A description of the involvement of Federal agencies and non-Federal contributors participating in the program.”
- (E) in paragraph (5), by striking “and the estimated expenditures under such programs, projects, and activities during such following fiscal year” and inserting “and the estimated expenditures under such programs, projects, and activities of the program during such following fiscal year”;
- (5) by inserting after subsection (e) the following:
- “(f) Report—Not later than March 1 of each year, the Council shall publish on a publically available website a report summarizing the briefing described in subsection (e).”
- (6) in subsection (g), as redesignated by paragraph (1)—
- (A) by striking paragraph (1) and inserting the following:
- “(1) The Secretary of the Navy shall establish an office to support the National Oceanographic Partnership Program. The Council shall use competitive procedures in selecting an operator for the partnership program office.”
- (B) in paragraph (2)(B), by inserting “, where appropriate,” before “managing”; and
- (7) by amending subsection (h), as redesignated by paragraph (1), to read as follows:
- “(h) Contract and grant authority
- “(1) In General—To carry out the purposes of the National Oceanographic Partnership Program, the Council shall have, in addition to other powers otherwise given it under this chapter, the following authorities:
- “(A) To authorize one or more of the departments or agencies represented on the Council to enter into contracts and make grants or cooperative agreements, and establish and manage new collaborative programs as considered appropriate, to address emerging science priorities using both donated and appropriated funds.
- “(B) To authorize the program office under subsection (g), on behalf of and subject to the direction and approval of the Council, to accept funds, including fines and penalties, from other Federal and State departments and agencies.
- “(C) To authorize the program office, on behalf of and subject to the direction and approval of the Council, to award grants and enter into contracts for purposes of the National Oceanographic Partnership Program.
- “(D) To transfer funds to other Federal and State departments and agencies in furtherance of the purposes of the National Oceanographic Partnership Program.
- “(E) To authorize one or more of the departments or agencies represented on the Council to enter into contracts and make grants, for the purpose of implementing the National Oceanographic Partnership Program and carrying out the responsibilities of the Council.
- “(F) To use, with the consent of the head of the agency or entity concerned, on a non-reimbursable basis, the land, services, equipment, personnel, facilities, advice, and information provided by a Federal agency or entity, State, local government, Tribal government, territory, or possession, or any subdivisions thereof, or the District of Columbia as may be helpful in the performance of the duties of the Council.
- “(2) Funds transferred—Funds identified for direct support of National Oceanographic Partnership Program grants are authorized for transfer between agencies and are exempt from section 1535 of title 31 (commonly known as the “Economy Act of 1932”).”
- (c) Ocean Research Advisory Panel— Section 8933(a)(4) of title 10, United States Code, is amended by striking “State governments” and inserting “State and Tribal governments”.
## Sec. 8525 Improvements to the maritime guaranteed loan program — added
- (a) Definitions— Section 53701 of title 46, United States Code, is amended—
- (1) by striking paragraph (5);
- (2) by redesignating paragraphs (6) through (15) as paragraphs (5) through (14), respectively; and
- (3) by adding at the end the following:
- “(15) Vessel of National Interest—The term Vessel of National Interest means a vessel deemed to be of national interest that meets characteristics determined by the Administrator, in consultation with the Secretary of Defense, the Secretary of the Department in which the Coast Guard Operates, or the heads of other Federal agencies, as described in section 53703(d).”
- (b) Preferred lender— Section 53702(a) of title 46, United States Code, is amended by adding at the end the following:
- “(2) Preferred eligible lender—The Federal Financing Bank shall be the preferred eligible lender of the principal and interest of the guaranteed obligations issued under this chapter.”
- (c) Application and Administration— Section 53703 of title 46, United States Code, is amended—
- (1) in the section heading, by striking “procedures” and inserting “and administration”;
- (2) by adding at the end the following:
- “(c) Independent analysis
- “(1) In General—To assess and mitigate the risks due to factors associated with markets, technology, financial, or legal structures related to an application or guarantee under this chapter, the Secretary or Administrator may utilize third party experts, including legal counsel, to—
- “(A) process and review applications under this chapter, including conducting independent analysis and review of aspects of an application;
- “(B) represent the Secretary or Administrator in structuring and documenting the obligation guarantee;
- “(C) analyze and review aspects of, structure, and document the obligation guarantee during the term of the guarantee;
- “(D) recommend financial covenants or financial ratios to be met by the applicant during the time a guarantee under this chapter is outstanding that are—
- “(i) based on the financial covenants or financial ratios, if any, that are then applicable to the obligor under private sector credit agreements; and
- “(ii) in lieu of other financial covenants applicable to the obligor under this chapter with respect to requirements regarding long-term debt-to-equity, minimum working capital, or minimum amount of equity; and
- “(E) represent the Secretary or Administrator to protect the security interests of the Government relating to an obligation guarantee.
- “(2) Private sector expert—Independent analysis, review, and representation conducted under this subsection shall be performed by a private sector expert in the applicable field who is selected by the Secretary or Administrator.
- “(d) Vessels of National Interest
- “(1) Notice of funding—The Secretary or Administrator may post a notice in the Federal Register regarding the availability of funding for obligation guarantees under this chapter for the construction, reconstruction, or reconditioning of a Vessel of National Interest and include a timeline for the submission of applications for such vessels.
- “(2) Vessel characteristics
- “(A) In General—The Secretary or Administrator, in consultation with the Secretary of Defense, the Secretary of the Department in which the Coast Guard Operates, or the heads of other Federal agencies, shall develop and publish a list of vessel types that would be considered Vessels of National Interest.
- “(B) Review—Such list shall be reviewed and revised every 4 years or as necessary, as determined by the Administrator.”
- (d) Funding limits— Section 53704 of title 46, United States Code, is amended—
- (1) in subsection (a)—
- (A) by striking “that amount” and all the follows through “$850,000,000” and inserting “that amount, $850,000,000”; and
- (B) by striking “facilities” and all that follows through the end of the subsection and inserting “facilities.”; and
- (2) in subsection (c)(4)—
- (A) by striking subparagraph (A); and
- (B) by redesignating subparagraphs (B) through (K), as subparagraphs (A) through (J), respectively.
- (e) Eligible purposes of obligations— Section 53706 of title 46, United States Code, is amended—
- (1) in subsection (a)(1)(A)—
- (A) in the matter preceding clause (i), by striking “(including an eligible export vessel);”
- (B) in clause (iv) by adding “or” after the semicolon;
- (C) in clause (v), by striking “; or” and inserting a period; and
- (D) by striking clause (vi); and
- (2) in subsection (c)(1)—
- (A) in subparagraph (A), by striking “and” after the semicolon;
- (B) in subparagraph (B)(ii), by striking the period at the end and inserting “; and”; and
- (C) by adding at the end the following:
- “(C) after applying subparagraphs (A) and (B), Vessels of National Interest.”
- (f) Amount of obligations— Section 53709(b) of title 46, United States Code, is amended—
- (1) by striking paragraphs (3) and (6); and
- (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
- (g) Contents of obligations— Section 53710 of title 46, United States Code, is amended—
- (1) in subsection (a)(4)—
- (A) in subparagraph (A)—
- (i) by striking “or, in the case of” and all that follows through “party”; and
- (ii) by striking “and” after the semicolon; and
- (B) in subparagraph (B), by striking the period at the end and inserting “; and”; and
- (C) by adding at the end the following:
- “(C) documented under the laws of the United States for the term of the guarantee of the obligation or until the obligation is paid in full, whichever is sooner.”
- (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.”
- (2) in subsection (c)—
- (A) in paragraph (1), by striking “under section 53708(d) of this title” and inserting “under section 53703(c) of this title”;
- (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;
- (C) by striking “The Secretary” and inserting the following:
- “(1) In General—The Secretary”
- (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:
- “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.”
- (2) in subchapter III, by striking section 53732.
- (j) Express consideration of low-risk applications— Not later than 180 days after the date of enactment of this title, the Administrator of the Maritime Administration shall, in consultation with affected stakeholders, create a process for express processing of low-risk maritime guaranteed loan applications under chapter 537 of title 46, United States Code, based on Federal and industry best practices, including proposals to better assist applicants to submit complete applications within 6 months of the initial application.
- (k) Congressional notification—
- (1) Notification— Not less than 60 days before reorganizing or consolidating the activities or personnel covered under chapter 537 of title 46, United States Code, the Secretary of Transportation shall notify, in writing, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the proposed reorganization or consolidation.
- (2) Contents— Each notification under paragraph (1) shall include an evaluation of, and justification for, the reorganization or consolidation.
- (l) Clerical amendments—
- (1) The table of sections at the beginning of chapter 537 of title 46, United States Code, is amended by inserting after the item relating to section 53718 the following new item:
- (2) The table of sections at the beginning of chapter 537 of title 46, United States Code, is further amended by striking the item relating to section 53732.
## Sec. 8526 Technical corrections — added
- (a) Office of personnel management guidance— Not later than 120 days after the date of enactment of this title, the Director of the Office of Personnel Management, in consultation with the Administrator of the Maritime Administration, shall identify key skills and competencies necessary to maintain a balance of expertise in merchant marine seagoing service and strategic sealift military service in each of the following positions within the Office of the Commandant:
- (1) Commandant.
- (2) Deputy Commandant.
- (3) Tactical company officers.
- (4) Regimental officers.
- (b) Sea Year compliance— Section 3514(a)(1)(A) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 46 U.S.C. 51318 note) is amended by inserting “domestic and international” after “criteria that”.
## Sec. 8527 United States Merchant Marine Academy’s Sexual Assault Prevention and Response program — added
- (a) Implementation of recommendations— The Secretary of Transportation shall ensure that, not later than 180 days after the date of enactment of this title, the recommendations in the Inspector General of the Department of Transportation's report on the effectiveness of the United States Merchant Marine Academy’s Sexual Assault Prevention and Response program (mandated under section 3512 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2786)), are fully implemented.
- (b) Report— Not later than 180 days after the date of enactment of this title, the Secretary of Transportation shall submit a report to Congress—
- (1) confirming that the recommendations described in subsection (a) have been fully implemented, and explaining how those recommendations have been implemented; or
- (2) if such recommendations have not been fully implemented as of the date of the report, including an explanation of why such recommendations have not been fully implemented and a description of the resources that are needed to fully implement such recommendations.
## Sec. 8528 Report on vessels for emerging offshore energy infrastructure — added
- (a) In general— The Secretary of Transportation, in consultation with the Secretary of Energy, the Secretary of the Interior, and the heads of other relevant agencies as appropriate, shall prepare and submit a report on the need for vessels to install, operate, and maintain emerging offshore energy infrastructure, including offshore wind energy.
- (b) Contents— Such report shall include—
- (1) an inventory of vessels (including existing vessels and vessels that have the potential to be refurbished) to install, operate, and maintain such emerging offshore energy infrastructure;
- (2) a projection of existing vessels needed to meet such emerging offshore energy needs over the next 10 years; and
- (3) policy recommendations to ensure the vessel capacity to support such emerging offshore energy.
- (c) Transmittal— Not later than 6 months after the date of enactment of this title, the Secretary of Transportation shall submit such report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.
## Sec. 8531 Short titles — added
- (a) Short titles— This subtitle may be cited as the “Maritime Security and Fisheries Enforcement Act” or the “Maritime SAFE Act”.
## Sec. 8532 Definitions — added
- In this subtitle:
- (1) AIS— The term AIS means Automatic Identification System (as defined in section 164.46 of title 33, Code of Federal Regulations, or a similar successor regulation).
- (2) Combined maritime forces— The term Combined Maritime Forces means the 33-nation naval partnership, originally established in February 2002, which promotes security, stability, and prosperity across approximately 3,200,000 square miles of international waters.
- (3) Exclusive economic zone—
- (A) In general— Unless otherwise specified by the President as being in the public interest in a writing published in the Federal Register, the term exclusive economic zone means—
- (i) the area within a zone established by a maritime boundary that has been established by a treaty in force or a treaty that is being provisionally applied by the United States; or
- (ii) in the absence of a treaty described in clause (i)—
- (I) a zone, the outer boundary of which is 200 nautical miles from the baseline from which the breadth of the territorial sea is measured; or
- (II) if the distance between the United States and another country is less than 400 nautical miles, a zone, the outer boundary of which is represented by a line equidistant between the United States and the other country.
- (B) Inner boundary— Without affecting any Presidential Proclamation with regard to the establishment of the United States territorial sea or exclusive economic zone, the inner boundary of the exclusive economic zone is—
- (i) in the case of coastal States, a line coterminous with the seaward boundary of each such State (as described in section 4 of the Submerged Lands Act (43 U.S.C. 1312));
- (ii) in the case of the Commonwealth of Puerto Rico, a line that is 3 marine leagues from the coastline of the Commonwealth of Puerto Rico;
- (iii) in the case of American Samoa, the United States Virgin Islands, Guam, and the Northern Mariana Islands, a line that is 3 geographic miles from the coastlines of American Samoa, the United States Virgin Islands, Guam, or the Northern Mariana Islands, respectively; or
- (iv) for any possession of the United States not referred to in clause (ii) or (iii), the coastline of such possession.
- (C) Rule of construction— Nothing in this paragraph may be construed to diminish the authority of the Department of Defense, the Department of the Interior, or any other Federal department or agency.
- (4) Food security— The term food security means access to, and availability, utilization, and stability of, sufficient food to meet caloric and nutritional needs for an active and healthy life.
- (5) Global record of fishing vessels, refrigerated transport vessels, and supply vessels— The term global record of fishing vessels, refrigerated transport vessels, and supply vessels means the Food and Agriculture Organization of the United Nations’ initiative to rapidly make available certified data from state authorities about vessels and vessel related activities.
- (6) IUU fishing— The term IUU fishing means illegal fishing, unreported fishing, or unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001).
- (7) Port state measures agreement— The term Port State Measures Agreement means the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing set forth by the Food and Agriculture Organization of the United Nations, done at Rome, Italy November 22, 2009, and entered into force June 5, 2016, which offers standards for reporting and inspecting fishing activities of foreign-flagged fishing vessels at port.
- (8) Priority flag state— The term priority flag state means a country selected in accordance with section 8552(b)(3)—
- (A) whereby the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and
- (B) that is willing, but lacks the capacity, to monitor or take effective enforcement action against its fleet.
- (9) Priority region— The term priority region means a region selected in accordance with section 8552(b)(2)—
- (A) that is at high risk for IUU fishing activity or the entry of illegally caught seafood into the markets of countries in the region; and
- (B) in which countries lack the capacity to fully address the illegal activity described in subparagraph (A).
- (10) Regional fisheries management organization— The term Regional Fisheries Management Organization means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures.
- (11) Seafood— The term seafood—
- (A) means marine finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, including those grown, produced, or reared through marine aquaculture operations or techniques; and
- (B) does not include marine mammals, turtles, or birds.
- (12) Transnational organized illegal activity— The term transnational organized illegal activity means criminal activity conducted by self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, or monetary or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption or violence or through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms.
- (13) Transshipment— The term transshipment means the use of refrigerated vessels that—
- (A) collect catch from multiple fishing boats;
- (B) carry the accumulated catches back to port; and
- (C) deliver supplies to fishing boats, which allows fishing vessels to remain at sea for extended periods without coming into port.
## Sec. 8533 Purposes — added
- The purposes of this subtitle are—
- (1) to support a whole-of-government approach across the Federal Government to counter IUU fishing and related threats to maritime security;
- (2) to improve data sharing that enhances surveillance, enforcement, and prosecution against IUU fishing and related activities at a global level;
- (3) to support coordination and collaboration to counter IUU fishing within priority regions;
- (4) to increase and improve global transparency and traceability across the seafood supply chain as—
- (A) a deterrent to IUU fishing; and
- (B) a tool for strengthening fisheries management and food security;
- (5) to improve global enforcement operations against IUU fishing through a whole-of-government approach by the United States; and
- (6) to prevent the use of IUU fishing as a financing source for transnational organized groups that undermine United States and global security interests.
## Sec. 8534 Statement of policy — added
- It is the policy of the United States―
- (1) to take action to curtail the global trade in seafood and seafood products derived from IUU fishing, including its links to forced labor and transnational organized illegal activity;
- (2) to develop holistic diplomatic, military, law enforcement, economic, and capacity-building tools to counter IUU fishing;
- (3) to provide technical assistance to countries in priority regions and priority flag states to combat IUU fishing, including assistance—
- (A) to increase local, national, and regional level capacities to counter IUU fishing through the engagement of law enforcement and security forces;
- (B) to enhance port capacity and security, including by supporting other countries in working toward the adoption and implementation of the Port State Measures Agreement;
- (C) to combat corruption and increase transparency and traceability in fisheries management and trade;
- (D) to enhance information sharing within and across governments and multilateral organizations through the development and use of agreed standards for information sharing; and
- (E) to support effective, science-based fisheries management regimes that promote legal and safe fisheries and act as a deterrent to IUU fishing;
- (4) to promote global maritime security through improved capacity and technological assistance to support improved maritime domain awareness;
- (5) to engage with priority flag states to encourage the use of high quality vessel tracking technologies where existing enforcement tools are lacking;
- (6) to engage with multilateral organizations working on fisheries issues, including Regional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, to combat and deter IUU fishing;
- (7) to advance information sharing across governments and multilateral organizations in areas that cross multiple jurisdictions, through the development and use of an agreed standard for information sharing;
- (8) to continue to use existing and future trade agreements to combat IUU fishing;
- (9) to employ appropriate assets and resources of the United States Government in a coordinated manner to disrupt the illicit networks involved in IUU fishing;
- (10) to continue to declassify and make available, as appropriate and practicable, technologies developed by the United States Government that can be used to help counter IUU fishing;
- (11) to recognize the ties of IUU fishing to transnational organized illegal activity, including human trafficking and illegal trade in narcotics and arms, and as applicable, to focus on illicit activity in a coordinated, cross-cutting manner;
- (12) to recognize and respond to poor working conditions, labor abuses, and other violent crimes in the fishing industry;
- (13) to increase and improve global transparency and traceability along the seafood supply chain as—
- (A) a deterrent to IUU fishing; and
- (B) an approach for strengthening fisheries management and food security; and
- (14) to promote technological investment and innovation to combat IUU fishing.
## Sec. 8541 Coordination with international organizations — added
- The Secretary of State, in conjunction with the Secretary of Commerce, shall coordinate with Regional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, and may coordinate with other relevant international governmental or nongovernmental organizations, or the private sector, as appropriate, to enhance regional responses to IUU fishing and related transnational organized illegal activities.
## Sec. 8542 Engagement of diplomatic missions of the United States — added
- Not later than 1 year after the date of the enactment of this title, each chief of mission (as defined in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a relevant country in a priority region or to a priority flag state may, if the Secretary of State determines such action is appropriate—
- (1) convene a working group, led by Department of State officials, to examine IUU fishing, which may include stakeholders such as—
- (A) United States officials from relevant agencies participating in the interagency Working Group identified in section 8551, foreign officials, nongovernmental organizations, the private sector, and representatives of local fishermen in the region; and
- (B) experts on IUU fishing, law enforcement, criminal justice, transnational organized illegal activity, defense, intelligence, vessel movement monitoring, and international development operating in or with knowledge of the region; and
- (2) designate a counter-IUU Fishing Coordinator from among existing personnel at the mission if the chief of mission determines such action is appropriate.
## Sec. 8543 Assistance by Federal agencies to improve law enforcement within priority regions and priority flag states — added
- (a) In general— The Secretary of State, in collaboration with the Secretary of Commerce and the Commandant of the Coast Guard when the Coast Guard is operating in, or as a component of, the Department of Homeland Security, as well as any other relevant department or agency, shall provide assistance, as appropriate, in accordance with this section.
- (b) Law enforcement training and coordination activities— The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to countries in priority regions and priority flag states to improve the effectiveness of IUU fishing enforcement, with clear and measurable targets and indicators of success, including—
- (1) by assessing and using existing resources, enforcement tools, and legal authorities to coordinate efforts to combat IUU fishing with efforts to combat other illegal trade, including weapons, drugs, and human trafficking;
- (2) by expanding existing IUU fishing enforcement training;
- (3) by providing targeted, country- and region-specific training on combating IUU fishing, including in those countries that have not adopted the Port State Measures Agreement;
- (4) by supporting increased effectiveness and transparency of the fisheries enforcement sectors of the governments of such countries; and
- (5) by supporting increased outreach to stakeholders in the affected communities as key partners in combating and prosecuting IUU fishing.
- (c) Port security assistance— The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to countries in priority regions and priority flag states to help those states implement programs related to port security and capacity for the purposes of preventing IUU fishing products from entering the global seafood market, including by supporting other countries in working toward the adoption and implementation of the Port State Measures Agreement.
- (d) Capacity building for investigations and prosecutions— The officials referred to in subsection (a), in collaboration with the governments of countries in priority regions and of priority flag states, shall evaluate opportunities to assist those countries in designing and implementing programs in such countries, as appropriate, to increase the capacity of IUU fishing enforcement and customs and border security officers to improve their ability—
- (1) to conduct effective investigations, including using law enforcement techniques such as undercover investigations and the development of informer networks and actionable intelligence;
- (2) to conduct vessel boardings and inspections at sea and associated enforcement actions;
- (3) to exercise existing shiprider agreements and to enter into and implement new shiprider agreements, as appropriate, including in those countries that have not adopted the Port State Measures Agreement;
- (4) to conduct vessel inspections at port and associated enforcement actions;
- (5) to assess technology needs and promote the use of technology to improve monitoring, enforcement, and prosecution of IUU fishing;
- (6) to conduct DNA-based and forensic identification of seafood used in trade;
- (7) to conduct training on techniques, such as collecting electronic evidence and using computer forensics, for law enforcement personnel involved in complex investigations related to international matters, financial issues, and government corruption that include IUU fishing;
- (8) to assess financial flows and the use of financial institutions to launder profits related to IUU fishing;
- (9) to conduct training on the legal mechanisms that can be used to prosecute those identified in the investigations as alleged perpetrators of IUU fishing and other associated crimes such as trafficking and forced labor; and
- (10) to conduct training to raise awareness of the use of whistleblower information and ways to incentivize whistleblowers to come forward with original information related to IUU fishing.
- (e) Capacity building for information sharing— The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to key countries in priority regions and priority flag states in the form of training, equipment, and systems development to build capacity for information sharing related to maritime enforcement and port security.
- (f) Coordination with other relevant agencies— The Secretary of State, in collaboration with the Commandant of the Coast Guard when the Coast Guard is operating in, or as a component of, the Department of Homeland Security, and the Secretary of Commerce, shall coordinate with other relevant agencies, as appropriate, in accordance with this section.
## Sec. 8544 Expansion of existing mechanisms to combat IUU fishing — added
- The Secretary of State, the Administrator of the United States Agency for International Development, the Commandant of the Coast Guard when the Coast Guard is operating in, or as a component of, the Department of Homeland Security, the Secretary of Defense, the Secretary of Commerce, the Attorney General, and the heads of other appropriate Federal agencies shall assess opportunities to combat IUU fishing by expanding, as appropriate, the use of the following mechanisms:
- (1) Including counter-IUU fishing in existing shiprider agreements in which the United States is a party.
- (2) Entering into shiprider agreements that include counter-IUU fishing with priority flag states and countries in priority regions with which the United States does not already have such an agreement.
- (3) Including counter-IUU fishing as part of the mission of the Combined Maritime Forces.
- (4) Including counter-IUU fishing exercises in the annual at-sea exercises conducted by the Department of Defense, in coordination with the United States Coast Guard.
- (5) Creating partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.
## Sec. 8545 Improvement of transparency and traceability programs — added
- The Secretary of State, the Administrator of the United States Agency for International Development, the Commandant of the Coast Guard when the Coast Guard is operating in, or as a component of, the Department of Homeland Security, the Secretary of Commerce, and the heads of other Federal agencies, if merited, shall work, as appropriate, with priority flag states and key countries in priority regions—
- (1) to increase knowledge within such countries about the United States transparency and traceability standards for imports of seafood and seafood products;
- (2) to improve the capacity of seafood industries within such countries through information sharing and training to meet the requirements of transparency and traceability standards for seafood and seafood product imports, including catch documentation and trade tracking programs adopted by relevant regional fisheries management organizations;
- (3) to improve the capacities of government, industry, and civil society groups to develop and implement comprehensive traceability systems that—
- (A) deter IUU fishing;
- (B) strengthen fisheries management; and
- (C) enhance maritime domain awareness; and
- (4) to support the implementation of seafood traceability standards in such countries to prevent IUU fishing products from entering the global seafood market and assess capacity and training needs in those countries.
## Sec. 8546 Technology programs — added
- The Secretary of State, the Administrator of the United States Agency for International Development, the Commandant of the Coast Guard when the Coast Guard is operating in, or as a component of, the Department of Homeland Security, the Secretary of Defense, the Secretary of Commerce, and the heads of other Federal agencies, as appropriate, shall pursue programs to expand the role of technology for combating IUU fishing, including by—
- (1) promoting the use of technology to combat IUU fishing;
- (2) assessing the technology needs, including vessel tracking technologies and data sharing, in priority regions and priority flag states;
- (3) engaging with priority flag states to encourage the mandated use of vessel tracking technologies, including vessel monitoring systems, AIS, or other vessel movement monitoring technologies on fishing vessels and transshipment vessels at all times, as appropriate, while at sea as a means to identify IUU fishing activities and the shipment of illegally caught fish products; and
- (4) building partnerships with the private sector, including universities, nonprofit research organizations, the seafood industry, and the technology, transportation and logistics sectors, to leverage new and existing technologies and data analytics to address IUU fishing.
## Sec. 8547 Savings clause — added
- No provision of section 8532 or of this part shall impose, or be interpreted to impose, any duty, responsibility, requirement, or obligation on the Department of Defense, the Department of the Navy, or any official or component of either.
## Sec. 8551 Interagency Working Group on IUU Fishing — added
- (a) In general— There is established a collaborative interagency working group on maritime security and IUU fishing (referred to in this subtitle as the “Working Group”).
- (b) Members— The members of the Working Group shall be composed of—
- (1) 1 chair, who shall rotate between the Coast Guard, the Department of State, and the National Oceanographic and Atmospheric Administration on a 3-year term;
- (2) 2 deputy chairs, who shall be appointed by their respective agency heads and shall be from a different Department than that of the chair, from—
- (A) the Coast Guard;
- (B) the Department of State; and
- (C) the National Oceanic and Atmospheric Administration;
- (3) 11 members, who shall be appointed by their respective agency heads, from—
- (A) the Department of Defense;
- (B) the United States Navy;
- (C) the United States Agency for International Development;
- (D) the United States Fish and Wildlife Service;
- (E) the Department of Justice;
- (F) the Department of the Treasury;
- (G) U.S. Customs and Border Protection;
- (H) U.S. Immigration and Customs Enforcement;
- (I) the Federal Trade Commission;
- (J) the Department of Agriculture;
- (K) the Food and Drug Administration; and
- (L) the Department of Labor;
- (4) 5 members, who shall be appointed by the President, from—
- (A) the National Security Council;
- (B) the Council on Environmental Quality;
- (C) the Office of Management and Budget;
- (D) the Office of Science and Technology Policy; and
- (E) the Office of the United States Trade Representative.
- (c) Responsibilities— The Working Group shall ensure an integrated, Federal Government-wide response to IUU fishing globally, including by—
- (1) improving the coordination of Federal agencies to identify, interdict, investigate, prosecute, and dismantle IUU fishing operations and organizations perpetrating and knowingly benefitting from IUU fishing;
- (2) assessing areas for increased interagency information sharing on matters related to IUU fishing and related crimes;
- (3) establishing standards for information sharing related to maritime enforcement;
- (4) developing a strategy to determine how military assets and intelligence can contribute to enforcement strategies to combat IUU fishing;
- (5) increasing maritime domain awareness relating to IUU fishing and related crimes and developing a strategy to leverage awareness for enhanced enforcement and prosecution actions against IUU fishing;
- (6) supporting the adoption and implementation of the Port State Measures Agreement in relevant countries and assessing the capacity and training needs in such countries;
- (7) outlining a strategy to coordinate, increase, and use shiprider agreements between the Department of Defense or the Coast Guard and relevant countries;
- (8) enhancing cooperation with partner governments to combat IUU fishing;
- (9) identifying opportunities for increased information sharing between Federal agencies and partner governments working to combat IUU fishing;
- (10) consulting and coordinating with the seafood industry and nongovernmental stakeholders that work to combat IUU fishing;
- (11) supporting the work of collaborative international initiatives to make available certified data from state authorities about vessel and vessel-related activities related to IUU fishing;
- (12) supporting the identification and certification procedures to address IUU fishing in accordance with the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.); and
- (13) publishing annual reports summarizing nonsensitive information about the Working Group’s efforts to investigate, enforce, and prosecute groups and individuals engaging in IUU fishing.
## Sec. 8552 Strategic plan — added
- (a) Strategic plan— Not later than 2 years after the date of the enactment of this title, the Working Group, after consultation with the relevant stakeholders, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives a 5-year integrated strategic plan on combating IUU fishing and enhancing maritime security, including specific strategies with monitoring benchmarks for addressing IUU fishing in priority regions.
- (b) Identification of priority regions and priority flag states—
- (1) In general— The strategic plan submitted under subsection (a) shall identify priority regions and priority flag states to be the focus of assistance coordinated by the Working Group under section 8551.
- (2) Priority region selection criteria— In selecting priority regions under paragraph (1), the Working Group shall select regions that—
- (A) are at high risk for IUU fishing activity or the entry of illegally caught seafood into their markets; and
- (B) lack the capacity to fully address the issues described in subparagraph (A).
- (3) Priority flag states selection criteria— In selecting priority flag states under paragraph (1), the Working Group shall select countries—
- (A) the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and
- (B) that lack the capacity to police their fleet.
## Sec. 8553 Reports — added
- Not later than 5 years after the submission of the 5-year integrated strategic plan under section 8552, and 5 years after, the Working Group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on the Judiciary of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that contains—
- (1) a summary of global and regional trends in IUU fishing;
- (2) an assessment of the extent of the convergence between transnational organized illegal activity, including human trafficking and forced labor, and IUU fishing;
- (3) an assessment of the topics, data sources, and strategies that would benefit from increased information sharing and recommendations regarding harmonization of data collection and sharing;
- (4) an assessment of assets, including military assets and intelligence, which can be used for either enforcement operations or strategies to combat IUU fishing;
- (5) summaries of the situational threats with respect to IUU fishing in priority regions and an assessment of the capacity of countries within such regions to respond to those threats;
- (6) an assessment of the progress of countries in priority regions in responding to those threats as a result of assistance by the United States pursuant to the strategic plan developed under section 8552, including—
- (A) the identification of—
- (i) relevant supply routes, ports of call, methods of landing and entering illegally caught product into legal supply chains, and financial institutions used in each country by participants engaging in IUU fishing; and
- (ii) indicators of IUU fishing that are related to money laundering;
- (B) an assessment of the adherence to, or progress toward adoption of, international treaties related to IUU fishing, including the Port State Measures Agreement, by countries in priority regions;
- (C) an assessment of the implementation by countries in priority regions of seafood traceability or capacity to apply traceability to verify the legality of catch and strengthen fisheries management;
- (D) an assessment of the capacity of countries in priority regions to implement shiprider agreements;
- (E) an assessment of the capacity of countries in priority regions to increase maritime domain awareness; and
- (F) an assessment of the capacity of governments of relevant countries in priority regions to sustain the programs for which the United States has provided assistance under this subtitle;
- (7) an assessment of the capacity of priority flag states to track the movement of and police their fleet, prevent their flagged vessels from engaging in IUU fishing, and enforce applicable laws and regulations; and
- (8) an assessment of the extent of involvement in IUU fishing of organizations designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
## Sec. 8554 Gulf of Mexico IUU Fishing Subworking Group — added
- (a) In general— Not later than 90 days after the date of the enactment of this title, the Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Coast Guard and the Department of State, shall establish a subworking group to address IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico.
- (b) Functions— The subworking group established under subsection (a) shall identify—
- (1) Federal actions taken and policies established during the 5-year period immediately preceding the date of the enactment of this title with respect to IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico, including such actions and policies related to—
- (A) the surveillance, interdiction, and prosecution of any foreign nationals engaged in such fishing; and
- (B) the application of the provisions of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.) to any relevant nation, including the status of any past or ongoing consultations and certification procedures;
- (2) actions and policies, in addition to the actions and policies described in paragraph (1), each of the Federal agencies described in subsection (a) can take, using existing resources, to combat IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico; and
- (3) any additional authorities that could assist each such agency in more effectively addressing such IUU fishing.
- (c) Report— Not later than 1 year after the IUU Fishing Subworking Group is established under subsection (a), the group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives that contains—
- (1) the findings identified pursuant to subsection (b); and
- (2) a timeline for each of the Federal agencies described in subsection (a) to implement each action or policy identified pursuant to subsection (b)(2).
## Sec. 8561 Finding — added
- Congress finds that human trafficking, including forced labor, is a pervasive problem in the catching and processing of certain seafood products imported into the United States, particularly seafood products obtained through illegal, unreported, and unregulated fishing.
## Sec. 8562 Adding the Secretary of Commerce to the Interagency Task Force to Monitor and Combat Trafficking — added
- Section 105(b) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting “the Secretary of Commerce,” after “the Secretary of Education,”.
## Sec. 8563 Human trafficking in the seafood supply chain report — added
- (a) In general— Not later than 1 year after the date of the enactment of this title, the Secretary of State and the Administrator of the National Oceanic and Atmospheric Administration shall jointly submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that describes the existence of human trafficking, including forced labor, in the supply chains of seafood products imported into the United States.
- (b) Report elements— The report required under subsection (a) shall include—
- (1) a list of the countries at risk for human trafficking, including forced labor, in their seafood catching and processing industries, and an assessment of such risk for each listed country;
- (2) a description of the quantity and economic value of seafood products imported into the United States from the countries on the list compiled pursuant to paragraph (1);
- (3) a description and assessment of the methods, if any, in the countries on the list compiled pursuant to paragraph (1) to trace and account for the manner in which seafood is caught;
- (4) a description of domestic and international enforcement mechanisms to deter illegal practices in the catching of seafood in the countries on the list compiled pursuant to paragraph (1); and
- (5) such recommendations as the Secretary of State and the Administrator of the National Oceanic and Atmospheric Administration jointly consider appropriate for legislative or administrative action to enhance and improve actions against human trafficking, including forced labor, in the catching and processing of seafood products outside of United States waters.
## Sec. 8571 Authorization of appropriations — added
- (a) Funding— Amounts made available to carry out this subtitle shall be derived from amounts appropriated or otherwise made available to the relevant agencies and departments.
- (b) No increase in contributions— Nothing in this subtitle shall be construed to authorize an increase in required or voluntary contributions paid by the United States to any multilateral or international organization.
## Sec. 8572 Accounting of funds — added
- By not later than 180 days after the date of enactment of this title, the head of each Federal agency receiving or allocating funds to carry out activities under this subtitle shall, to the greatest extent practicable, prepare and submit to Congress a report that provides an accounting of all funds made available under this subtitle to the Federal agency.
## Sec. 9001 Short title — added
- This division may be cited as the “Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Year 2020”.
## Sec. 9002 Definitions — added
- In this division:
- (1) Congressional intelligence committees— The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
- (2) Intelligence community— The term intelligence community has the meaning given such term in such section.
## Sec. 9101 Authorization of appropriations — added
- Funds are hereby authorized to be appropriated for fiscal year 2020 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
- (1) The Office of the Director of National Intelligence.
- (2) The Central Intelligence Agency.
- (3) The Department of Defense.
- (4) The Defense Intelligence Agency.
- (5) The National Security Agency.
- (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force.
- (7) The Coast Guard.
- (8) The Department of State.
- (9) The Department of the Treasury.
- (10) The Department of Energy.
- (11) The Department of Justice.
- (12) The Federal Bureau of Investigation.
- (13) The Drug Enforcement Administration.
- (14) The National Reconnaissance Office.
- (15) The National Geospatial-Intelligence Agency.
- (16) The Department of Homeland Security.
## Sec. 9102 Classified schedule of authorizations — added
- (a) Specifications of amounts— The amounts authorized to be appropriated under section 9101 for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 9101, are those specified in the classified Schedule of Authorizations prepared to accompany this division.
- (b) Availability of classified schedule of authorizations—
- (1) Availability— The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
- (2) Distribution by the president— Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch.
- (3) Limits on disclosure— The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
- (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
- (B) to the extent necessary to implement the budget; or
- (C) as otherwise required by law.
## Sec. 9103 Intelligence community management account — added
- (a) Authorization of appropriations— There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2020 the sum of $558,000,000.
- (b) Classified authorization of appropriations— In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2020 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 9102(a).
## Sec. 9201 Authorization of appropriations — added
- There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2020.
## Sec. 9301 Restriction on conduct of intelligence activities — added
- The authorization of appropriations by this division shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
## Sec. 9302 Increase in employee compensation and benefits authorized by law — added
- Appropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
## Sec. 9303 Improving the onboarding methodology for certain intelligence personnel — added
- (a) Definitions— In this section:
- (1) Appropriate committees of Congress— The term appropriate committees of Congress means—
- (A) the Select Committee on Intelligence and the Committee on Armed Services of the Senate; and
- (B) the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives.
- (2) Covered elements of the intelligence community— The term covered elements of the intelligence community means the elements of the intelligence community that are within the following:
- (A) The Department of Energy.
- (B) The Department of Homeland Security.
- (C) The Department of Justice.
- (D) The Department of State.
- (E) The Department of the Treasury.
- (b) In general— The Secretary of Defense and the Director of National Intelligence shall, consistent with Department of Defense Instruction 1400.25, as in effect on the day before the date of the enactment of this Act—
- (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate committees of Congress a report that outlines a common methodology for measuring onboarding in covered elements of the intelligence community, including human resources and security processes;
- (2) not later than 1 year after the date of the enactment of this Act, issue metrics for assessing key phases in the onboarding described in paragraph (1) for which results will be reported by the date that is 90 days after the date of such issuance;
- (3) not later than 180 days after the date of the enactment of this Act, submit to the appropriate committees of Congress a report on collaboration among covered elements of the intelligence community on their onboarding processes;
- (4) not later than 180 days after the date of the enactment of this Act, submit to the appropriate committees of Congress a report on employment of automated mechanisms in covered elements of the intelligence community, including for tracking personnel as they pass through each phase of the onboarding process; and
- (5) not later than December 31, 2020, distribute surveys to human resources offices and applicants about their experiences with the onboarding process in covered elements of the intelligence community.
## Sec. 9304 Intelligence community public-private talent exchange — added
- (a) Policies, processes, and procedures required— Not later than 270 days after the date of the enactment of this Act, the Director of National Intelligence shall develop policies, processes, and procedures to facilitate the rotation of personnel of the intelligence community to the private sector, and personnel from the private sector to the intelligence community.
- (b) Detail authority— Under policies developed by the Director pursuant to subsection (a), with the agreement of a private-sector organization, and with the consent of the employee, a head of an element of the intelligence community may arrange for the temporary detail of an employee of such element to such private-sector organization, or from such private-sector organization to such element under this section.
- (c) Agreements—
- (1) In general— A head of an element of the intelligence community exercising the authority of the head under subsection (a) shall provide for a written agreement among the element of the intelligence community, the private-sector organization, and the employee concerned regarding the terms and conditions of the employee’s detail under this section. The agreement—
- (A) shall require that the employee of the element, upon completion of the detail, serve in the element, or elsewhere in the civil service if approved by the head of the element, for a period of at least equal to the length of the detail;
- (B) shall provide that if the employee of the element fails to carry out the agreement, such employee shall be liable to the United States for payment of all non-salary and benefit expenses of the detail, unless that failure was for good and sufficient reason, as determined by the head of the element;
- (C) shall contain language informing such employee of the prohibition on improperly sharing or using non-public information that such employee may be privy to or aware of related to element programming, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private-sector organization; and
- (D) shall contain language requiring the employee to acknowledge the obligations of the employee under section 1905 of title 18, United States Code (relating to trade secrets).
- (2) Amount of liability— An amount for which an employee is liable under paragraph (1) shall be treated as a debt due the United States.
- (3) Waiver— The head of an element of the intelligence community may waive, in whole or in part, collection of a debt described in paragraph (2) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee.
- (d) Termination— A detail under this section may, at any time and for any reason, be terminated by the head of the element of the intelligence community concerned or the private-sector organization concerned.
- (e) Duration—
- (1) In general— A detail under this section shall be for a period of not less than 3 months and not more than 2 years, renewable up to a total of 3 years.
- (2) Longer periods— A detail under this section may be for a period in excess of 2 years, but not more than 3 years, if the head of the element making the detail determines that such detail is necessary to meet critical mission or program requirements.
- (3) Limitation— No employee of an element of the intelligence community may be detailed under this section for more than a total of 5 years, inclusive of all such details.
- (f) Status of Federal employees detailed to private-sector organizations—
- (1) In general— An employee of an element of the intelligence community who is detailed to a private-sector organization under this section shall be considered, during the period of detail, to be on a regular work assignment in the element for all purposes. The written agreement established under subsection (c)(1) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee.
- (2) Requirements— In establishing a temporary detail of an employee of an element of the intelligence community to a private-sector organization, the head of the element shall—
- (A) certify that the temporary detail of such employee shall not have an adverse or negative impact on mission attainment or organizational capabilities associated with the detail; and
- (B) in the case of an element of the intelligence community in the Department of Defense, ensure that the normal duties and functions of such employees are not, as a result of and during the course of such temporary detail, performed or augmented by contractor personnel in violation of the provisions of section 2461 of title 10, United States Code.
- (g) Terms and conditions for private-sector employees— An employee of a private-sector organization who is detailed to an element of the intelligence community under this section—
- (1) shall continue to receive pay and benefits from the private-sector organization from which such employee is detailed and shall not receive pay or benefits from the element, except as provided in paragraph (2);
- (2) is deemed to be an employee of the element for the purposes of—
- (A) chapters 73 and 81 of title 5, United States Code;
- (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code;
- (C) sections 1343, 1344, and 1349(b) of title 31, United States Code;
- (D) chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”) and any other Federal tort liability statute;
- (E) the Ethics in Government Act of 1978 (5 U.S.C. App.); and
- (F) chapter 21 of title 41, United States Code;
- (3) may perform work that is considered inherently governmental in nature only when requested in writing by the head of the element;
- (4) may not be used to circumvent any limitation or restriction on the size of the workforce of the element;
- (5) shall be subject to the same requirements applicable to an employee performing the same functions and duties proposed for performance by the private sector employee; and
- (6) in the case of an element of the intelligence community in the Department of Defense, may not be used to circumvent the provisions of section 2461 of title 10, United States Code.
- (h) Prohibition against charging certain costs to the Federal Government— A private-sector organization may not charge an element of the intelligence community or any other agency of the Federal Government, as direct costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee detailed to an element of the intelligence community under this section for the period of the detail and any subsequent renewal periods.
- (i) Additional administrative matters— In carrying out this section, the Director, pursuant to procedures developed under subsection (a)—
- (1) shall, to the degree practicable, ensure that small business concerns are represented with respect to details authorized by this section;
- (2) may, notwithstanding any other provision of law, establish criteria for elements of the intelligence community to use appropriated funds to reimburse small business concerns for the salaries and benefits of its employees during the periods when the small business concern agrees to detail its employees to the intelligence community under this section;
- (3) shall take into consideration the question of how details under this section might best be used to help meet the needs of the intelligence community, including with respect to the training of employees;
- (4) shall take into consideration areas of private-sector expertise that are critical to the intelligence community; and
- (5) shall establish oversight mechanisms to determine whether the public-private exchange authorized by this section improves the efficiency and effectiveness of the intelligence community.
- (j) Definitions— In this section:
- (1) Detail— The term detail means, as appropriate in the context in which such term is used—
- (A) the assignment or loan of an employee of an element of the intelligence community to a private-sector organization without a change of position from the intelligence community element that employs the individual; or
- (B) the assignment or loan of an employee of a private-sector organization to an element of the intelligence community without a change of position from the private-sector organization that employs the individual.
- (2) Private-sector organization— The term private-sector organization means—
- (A) a for-profit organization; or
- (B) a not-for-profit organization.
- (3) Small business concern— The term small business concern has the meaning given such term in section 3703(e)(2) of title 5, United States Code.
## Sec. 9305 Expansion of scope of protections for identities of covert agents — added
- Section 605(4) of the National Security Act of 1947 (50 U.S.C. 3126(4)) is amended—
- (1) in subparagraph (A)—
- (A) by striking clause (ii);
- (B) in clause (i), by striking “, and” and inserting “; or”; and
- (C) by striking “agency—” and all that follows through “whose identity” and inserting “agency whose identity”; and
- (2) in subparagraph (B)(i), by striking “resides and acts outside the United States” and inserting “acts”.
## Sec. 9306 Inclusion of security risks in program management plans required for acquisition of major systems in National Intelligence Program — added
- Section 102A(q)(1)(A) of the National Security Act of 1947 (50 U.S.C. 3024(q)(1)(A)) is amended by inserting “security risks,” after “schedule,”.
## Sec. 9307 Paid parental leave — added
- (a) Purpose— The purpose of this section is to—
- (1) help the intelligence community recruit and retain a dynamic, multi-talented, and diverse workforce capable of meeting the security goals of the United States; and
- (2) establish best practices and processes for other elements of the Federal Government seeking to pursue similar policies.
- (b) Authorization of paid parental leave for intelligence community employees—
- (1) In general— Title III of the National Security Act of 1947 (50 U.S.C. 3071 et seq.) is amended by inserting after section 304 the following:
- “305. Paid parental leave
- “(a) Paid parental leave—Notwithstanding any other provision of law, a civilian employee of an element of the intelligence community shall have available a total of 12 administrative workweeks of paid parental leave in the event of the birth of a son or daughter to the employee, or placement of a son or daughter with the employee for adoption or foster care, and in order to care for such son or daughter, to be used during the 12-month period beginning on the date of the birth or placement.
- “(b) Treatment of parental leave request—Notwithstanding any other provision of law—
- “(1) an element of the intelligence community shall accommodate an employee’s leave schedule request under subsection (a), including a request to use such leave intermittently or on a reduced leave schedule, to the extent that the requested leave schedule does not unduly disrupt agency operations; and
- “(2) to the extent that an employee’s requested leave schedule as described in paragraph (1) is based on medical necessity related to a serious health condition connected to the birth of a son or daughter, the employing element shall handle the scheduling consistent with the treatment of employees who are using leave under subparagraph (C) or (D) of section 6382(a)(1) of title 5, United States Code.
- “(c) Rules relating to paid leave—Notwithstanding any other provision of law—
- “(1) an employee may not be required to first use all or any portion of any unpaid leave available to the employee before being allowed to use the paid parental leave described in subsection (a); and
- “(2) paid parental leave under subsection (a)—
- “(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing element;
- “(B) may not be considered to be annual or vacation leave for purposes of section 5551 or 5552 of title 5, United States Code, or for any other purpose;
- “(C) if not used by the employee before the end of the 12-month period described in subsection (a) to which the leave relates, may not be available for any subsequent use and may not be converted into a cash payment;
- “(D) may be granted only to the extent that the employee does not receive a total of more than 12 weeks of paid parental leave in any 12-month period beginning on the date of a birth or placement;
- “(E) may not be granted—
- “(i) in excess of a lifetime aggregate total of 30 administrative workweeks based on placements of a foster child for any individual employee; or
- “(ii) in connection with temporary foster care placements expected to last less than 1 year;
- “(F) may not be granted for a child being placed for foster care or adoption if such leave was previously granted to the same employee when the same child was placed with the employee for foster care in the past;
- “(G) shall be used in increments of hours (or fractions thereof), with 12 administrative workweeks equal to 480 hours for employees with a regular full-time work schedule and converted to a proportional number of hours for employees with part-time, seasonal, or uncommon tours of duty; and
- “(H) may not be used during off-season (nonpay status) periods for employees with seasonal work schedules.
- “(d) Implementation plan—Not later than 1 year after the date of enactment of this section, the Director of National Intelligence shall provide the congressional intelligence committees with an implementation plan that includes—
- “(1) processes and procedures for implementing the paid parental leave policies under subsections (a) through (c);
- “(2) an explanation of how the implementation of subsections (a) through (c) will be reconciled with policies of other elements of the Federal Government, including the impact on elements funded by the National Intelligence Program that are housed within agencies outside the intelligence community;
- “(3) the projected impact of the implementation of subsections (a) through (c) on the workforce of the intelligence community, including take rates, retention, recruiting, and morale, broken down by each element of the intelligence community; and
- “(4) all costs or operational expenses associated with the implementation of subsections (a) through (c).
- “(e) Directive—Not later than 90 days after the Director of National Intelligence submits the implementation plan under subsection (d), the Director of National Intelligence shall issue a written directive to implement this section, which directive shall take effect on the date of issuance.
- “(f) Annual report—The Director of National Intelligence shall submit to the congressional intelligence committees an annual report that—
- “(1) details the number of employees of each element of the intelligence community who applied for and took paid parental leave under subsection (a) during the year covered by the report; and
- “(2) includes updates on major implementation challenges or costs associated with paid parental leave.
- “(g) Definition of son or daughter—For purposes of this section, the term son or daughter has the meaning given the term in section 6381 of title 5, United States Code.”
- (2) Clerical amendment— The table of contents in the matter preceding section 2 of the National Security Act of 1947 (50 U.S.C. 3002) is amended by inserting after the item relating to section 304 the following:
- (c) Applicability— Section 305 of the National Security Act of 1947, as added by subsection (b), shall apply with respect to leave taken in connection with the birth or placement of a son or daughter that occurs on or after the date on which the Director of National Intelligence issues the written directive under subsection (e) of such section 305.
## Sec. 9311 Exclusivity, consistency, and transparency in security clearance procedures — added
- (a) Exclusivity of procedures— Section 801 of the National Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end the following:
- “(c) Exclusivity—Except as provided in subsection (b) and subject to sections 801A and 801B, the procedures established pursuant to subsection (a) shall be the exclusive procedures by which decisions about eligibility for access to classified information are governed.”
- (b) Transparency— Such section is further amended by adding at the end the following:
- “(d) Publication
- “(1) In general—Not later than 180 days after the date of the enactment of this subsection, the President shall—
- “(A) publish in the Federal Register the procedures established pursuant to subsection (a); or
- “(B) submit to Congress a certification that the procedures currently in effect that govern access to classified information as described in subsection (a)—
- “(i) are published in the Federal Register; and
- “(ii) comply with the requirements of subsection (a).
- “(2) Updates—Whenever the President makes a revision to a procedure established pursuant to subsection (a), the President shall publish such revision in the Federal Register not later than 30 days before the date on which the revision becomes effective.”
- (c) Consistency—
- (1) In general— Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended by inserting after section 801 the following:
- “801A. Decisions relating to access to classified information
- “(a) Definitions—In this section:
- “(1) Agency—The term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code.
- “(2) Classified Information—The term classified information includes sensitive compartmented information, restricted data, restricted handling information, and other compartmented information.
- “(3) Eligibility for access to classified information—The term eligibility for access to classified information has the meaning given such term in the procedures established pursuant to section 801(a).
- “(b) In general—Each head of an agency that makes a determination regarding eligibility for access to classified information shall ensure that in making the determination, the head of the agency or any person acting on behalf of the agency—
- “(1) does not violate any right or protection enshrined in the Constitution of the United States, including rights articulated in the First, Fifth, and Fourteenth Amendments;
- “(2) does not discriminate for or against an individual on the basis of race, color, religion, sex, national origin, age, or handicap;
- “(3) is not carrying out—
- “(A) retaliation for political activities or beliefs; or
- “(B) a coercion or reprisal described in section 2302(b)(3) of title 5, United States Code; and
- “(4) does not violate section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)).”
- (2) Clerical amendment— The table of contents in the matter preceding section 2 of the National Security Act of 1947 (50 U.S.C. 3002) is amended by inserting after the item relating to section 801 the following:
## Sec. 9312 Limitation on transfer of National Intelligence University — added
- (a) Limitation— Neither the Secretary of Defense nor the Director of National Intelligence may commence any activity to transfer the National Intelligence University out of the Defense Intelligence Agency until the Secretary and the Director jointly certify each of the following:
- (1) The National Intelligence University has positively adjudicated its warning from the Middle States Commission on Higher Education and had its regional accreditation fully restored.
- (2) The National Intelligence University will serve as the exclusive means by which advanced intelligence education is provided to personnel of the Department of Defense.
- (3) Military personnel will receive joint professional military education from a National Intelligence University location at a non-Department of Defense agency.
- (4) The Department of Education will allow the Office of the Director of National Intelligence to grant advanced educational degrees.
- (5) A governance model jointly led by the Director and the Secretary of Defense is in place for the National Intelligence University.
- (b) Cost estimates—
- (1) Definition of appropriate committees of Congress— In this subsection, the term appropriate committees of Congress means—
- (A) the congressional intelligence committees;
- (B) the Committee on Armed Services of the Senate; and
- (C) the Committee on Armed Services of the House of Representatives.
- (2) In general— Before commencing any activity to transfer the National Intelligence University out of the Defense Intelligence Agency, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate committees of Congress an estimate of the direct and indirect costs of operating the National Intelligence University and the costs of transferring the National Intelligence University to another agency.
- (3) Contents— The estimate submitted under paragraph (2) shall include all indirect costs, including with respect to human resources, security, facilities, and information technology.
## Sec. 9313 Improving visibility into the security clearance process — added
- (a) Definition of Security Executive Agent— In this section, the term Security Executive Agent means the officer serving as the Security Executive Agent pursuant to section 803 of the National Security Act of 1947, as added by section 10605 of division G.
- (b) Policy required— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall issue a policy that requires the head of each Federal agency to create, not later than December 31, 2023, an electronic portal that can be used by human resources personnel and applicants for security clearances to view information about the status of an application for a security clearance and the average time required for each phase of the security clearance process.
## Sec. 9314 Making certain policies and execution plans relating to personnel clearances available to industry partners — added
- (a) Definitions— In this section:
- (1) Appropriate industry partner— The term appropriate industry partner means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order 12829 (50 U.S.C. 3161 note; relating to National Industrial Security Program), as in effect on the day before the date of the enactment of this Act) that is participating in the National Industrial Security Program established by such Executive Order.
- (2) Security Executive Agent— The term Security Executive Agent means the officer serving as the Security Executive Agent pursuant to section 803 of the National Security Act of 1947, as added by section 10605 of division G.
- (b) Sharing of policies and plans required— Each head of a Federal agency shall share policies and plans relating to security clearances with appropriate industry partners directly affected by such policies and plans in a manner consistent with the protection of national security as well as the goals and objectives of the National Industrial Security Program administered pursuant to Executive Order 12829 (50 U.S.C. 3161 note; relating to the National Industrial Security Program).
- (c) Development of policies and procedures required— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Director of the National Industrial Security Program shall jointly develop policies and procedures by which appropriate industry partners with proper security clearances and a need to know can have appropriate access to the policies and plans shared pursuant to subsection (b) that directly affect those industry partners.
## Sec. 9321 Definitions — added
- In this subtitle:
- (1) Whistleblower— The term whistleblower means a person who makes a whistleblower disclosure.
- (2) Whistleblower disclosure— The term whistleblower disclosure means a disclosure that is protected under section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) or section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).
## Sec. 9322 Inspector General external review panel — added
- (a) Authority to convene external review panels—
- (1) In general— Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end the following new section:
- “1105. Inspector General external review panel
- “(a) Request for review—An individual with a claim described in subsection (b) may submit to the Inspector General of the Intelligence Community a request for a review of such claim by an external review panel convened under subsection (c).
- “(b) Claims and individuals described—A claim described in this subsection is any—
- “(1) claim by an individual—
- “(A) that the individual has been subjected to a personnel action that is prohibited under section 1104; and
- “(B) who has exhausted the applicable review process for the claim pursuant to enforcement of such section; or
- “(2) claim by an individual—
- “(A) that he or she has been subjected to a reprisal prohibited by paragraph (1) of section 3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)); and
- “(B) who received a decision on an appeal regarding that claim under paragraph (4) of such section.
- “(c) External review panel convened
- “(1) Discretion to convene—Upon receipt of a request under subsection (a) regarding a claim, the Inspector General of the Intelligence Community may, at the discretion of the Inspector General, convene an external review panel under this subsection to review the claim.
- “(2) Membership
- “(A) Composition—An external review panel convened under this subsection shall be composed of three members as follows:
- “(i) The Inspector General of the Intelligence Community.
- “(ii) Except as provided in subparagraph (B), two members selected by the Inspector General as the Inspector General considers appropriate on a case-by-case basis from among inspectors general of the following:
- “(I) The Department of Defense.
- “(II) The Department of Energy.
- “(III) The Department of Homeland Security.
- “(IV) The Department of Justice.
- “(V) The Department of State.
- “(VI) The Department of the Treasury.
- “(VII) The Central Intelligence Agency.
- “(VIII) The Defense Intelligence Agency.
- “(IX) The National Geospatial-Intelligence Agency.
- “(X) The National Reconnaissance Office.
- “(XI) The National Security Agency.
- “(B) Limitation—An inspector general of an agency may not be selected to sit on the panel under subparagraph (A)(ii) to review any matter relating to a decision made by such agency.
- “(C) Chairperson
- “(i) In general—Except as provided in clause (ii), the chairperson of any panel convened under this subsection shall be the Inspector General of the Intelligence Community.
- “(ii) Conflicts of interest—If the Inspector General of the Intelligence Community finds cause to recuse himself or herself from a panel convened under this subsection, the Inspector General of the Intelligence Community shall—
- “(I) select a chairperson from inspectors general of the elements listed under subparagraph (A)(ii) whom the Inspector General of the Intelligence Community considers appropriate; and
- “(II) notify the congressional intelligence committees of such selection.
- “(3) Period of review—Each external review panel convened under this subsection to review a claim shall complete review of the claim no later than 270 days after the date on which the Inspector General convenes the external review panel.
- “(d) Remedies
- “(1) Panel recommendations—If an external review panel convened under subsection (c) determines, pursuant to a review of a claim submitted by an individual under subsection (a), that the individual was the subject of a personnel action prohibited under section 1104 or was subjected to a reprisal prohibited by section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), the panel may recommend that the agency head take corrective action—
- “(A) in the case of an employee or former employee—
- “(i) to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the reprisal not occurred; or
- “(ii) reconsider the employee's or former employee's eligibility for access to classified information consistent with national security; or
- “(B) in any other case, such other action as the external review panel considers appropriate.
- “(2) Agency action
- “(A) In general—Not later than 90 days after the date on which the head of an agency receives a recommendation from an external review panel under paragraph (1), the head shall—
- “(i) give full consideration to such recommendation; and
- “(ii) inform the panel and the Director of National Intelligence of what action the head has taken with respect to the recommendation.
- “(B) Failure to inform—The Director shall notify the President of any failures to comply with subparagraph (A)(ii).
- “(e) Annual reports
- “(1) In general—Not less frequently than once each year, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees and the Director of National Intelligence a report on the activities under this section during the previous year.
- “(2) Contents—Subject to such limitations as the Inspector General of the Intelligence Community considers necessary to protect the privacy of an individual who has made a claim described in subsection (b), each report submitted under paragraph (1) shall include, for the period covered by the report, the following:
- “(A) The determinations and recommendations made by the external review panels convened under this section.
- “(B) The responses of the heads of agencies that received recommendations from the external review panels.”
- (2) Table of contents amendment— The table of contents in the first section of the National Security Act of 1947 is amended by adding at the end the following new item:
- (b) Recommendation on addressing whistleblower appeals relating to reprisal complaints against inspectors general—
- (1) In general— Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a recommendation on how to ensure that—
- (A) a whistleblower in the intelligence community who has a complaint against an inspector general in the intelligence community and who alleges a reprisal, has available the agency adjudication and appellate review provided under section 1104 of the National Security Act of 1947 (50 U.S.C. 3234); and
- (B) any such whistleblower who has exhausted the applicable review process may request an external review panel and receive one, at the discretion of the Inspector General of the Intelligence Community.
- (2) Contents— The recommendation submitted pursuant to paragraph (1) shall include the following:
- (A) A discussion of whether and to what degree section 1105 of the National Security Act of 1947, as added by subsection (a)(1), provides appropriate authorities and mechanisms to provide an external review panel as described in paragraph (1) of this subsection and for the purposes described in such paragraph.
- (B) Such recommendations for legislative or administrative action as the Inspector General may have with respect to providing an external review panel as described in paragraph (1) and for the purposes described in such paragraph.
## Sec. 9323 Harmonization of whistleblower processes and procedures — added
- (a) In general— Not later than 270 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community, in coordination with the Intelligence Community Inspectors General Forum, shall develop recommendations, applicable to all inspectors general of elements of the intelligence community, regarding the harmonization of instructions, policies, and directives relating to processes, procedures, and timelines for claims and appeals relating to allegations of personnel actions prohibited under section 1104 of the National Security Act of 1947 or reprisals prohibited by section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)).
- (b) Transparency and protection— In developing recommendations under subsection (a), the Inspector General of the Intelligence Community shall make efforts to maximize transparency and protect whistleblowers.
## Sec. 9324 Intelligence community oversight of agency whistleblower actions — added
- (a) Feasibility study—
- (1) In general— Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Intelligence Community, in consultation with the Intelligence Community Inspectors General Forum, shall complete a feasibility study on establishing a hotline whereby all complaints of whistleblowers relating to the intelligence community are automatically referred to the Inspector General of the Intelligence Community.
- (2) Elements— The feasibility study conducted pursuant to paragraph (1) shall include the following:
- (A) The anticipated number of annual whistleblower complaints received by all elements of the intelligence community.
- (B) The additional resources required to implement the hotline, including personnel and technology.
- (C) The resulting budgetary effects.
- (D) Findings from the system established pursuant to subsection (b).
- (b) Oversight system required— Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall establish a system whereby the Inspector General is provided, in near real time, the following:
- (1) All information relating to complaints by whistleblowers relating to the programs and activities under the jurisdiction of the Director of National Intelligence.
- (2) Any inspector general actions relating to such complaints.
- (c) Privacy protections—
- (1) Policies and procedures required— Before establishing the system required by subsection (b), the Inspector General of the Intelligence Community shall establish policies and procedures to protect the privacy of whistleblowers and protect against further dissemination of whistleblower information without consent of the whistleblower.
- (2) Control of distribution— The system established under subsection (b) shall provide whistleblowers the option of prohibiting distribution of their complaints to the Inspector General of the Intelligence Community.
## Sec. 9325 Report on cleared whistleblower attorneys — added
- (a) Report required— Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report on access to cleared attorneys by whistleblowers in the intelligence community.
- (b) Contents— The report submitted pursuant to subsection (a) shall include the following:
- (1) The number of whistleblowers in the intelligence community who sought to retain a cleared attorney and at what stage they sought such an attorney.
- (2) For the 3-year period preceding the report, the following:
- (A) The number of limited security agreements (LSAs).
- (B) The scope and clearance levels of such limited security agreements.
- (C) The number of whistleblowers represented by cleared counsel.
- (3) Recommendations for legislative or administrative action to ensure that whistleblowers in the intelligence community have access to cleared attorneys, including improvements to the limited security agreement process and such other options as the Inspector General of the Intelligence Community considers appropriate.
- (c) Survey— The Inspector General of the Intelligence Community shall ensure that the report submitted under subsection (a) is based on—
- (1) data from a survey of whistleblowers whose claims are reported to the Inspector General of the Intelligence Community by means of the oversight system established pursuant to section 9324;
- (2) information obtained from the inspectors general of the intelligence community; or
- (3) information from such other sources as may be identified by the Inspector General of the Intelligence Community.
## Sec. 9401 Study on foreign employment of former personnel of intelligence community — added
- (a) Study— The Director of National Intelligence, in coordination with the Secretary of Defense and the Secretary of State, shall conduct a study of matters relating to the foreign employment of former personnel of the intelligence community.
- (b) Elements— The study conducted pursuant to subsection (a) shall address the following:
- (1) Issues that pertain to former employees of the intelligence community working with, or in support of, foreign governments, and the nature and scope of those concerns.
- (2) Such legislative or administrative action as may be necessary for both front-end screening and in-progress oversight by the Director of Defense Trade Controls of licenses issued by the Director for former employees of the intelligence community working for foreign governments.
- (3) How increased requirements could be imposed for periodic compliance reporting when licenses are granted for companies or organizations that employ former personnel of the intelligence community to execute contracts with foreign governments.
- (c) Report and plan—
- (1) Definition of appropriate committees of Congress— In this subsection, the term appropriate committees of Congress means—
- (A) the congressional intelligence committees;
- (B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
- (C) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
- (2) In general— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress—
- (A) a report on the findings of the Director with respect to the study conducted pursuant to subsection (a); and
- (B) a plan to carry out such administrative actions as the Director considers appropriate pursuant to the findings described in subparagraph (A).
## Sec. 9402 Comprehensive economic assessment of investment in key United States technologies by companies or organizations linked to China — added
- (a) Assessment required— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the National Counterintelligence and Security Center, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Secretary of the Treasury, and the heads of such other Federal agencies as the Director of National Intelligence considers appropriate, shall submit to the congressional intelligence committees a comprehensive economic assessment of investment in key United States technologies, including emerging technologies, by companies or organizations linked to China, including the implications of these investments for the national security of the United States.
- (b) Form of assessment— The assessment submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
## Sec. 9403 Analysis of and periodic briefings on major initiatives of intelligence community in artificial intelligence and machine learning — added
- (a) Analysis—
- (1) In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the heads of such elements of the intelligence community as the Director considers appropriate—
- (A) complete a comprehensive analysis of the major initiatives of the intelligence community in artificial intelligence and machine learning; and
- (B) submit to the congressional intelligence committees a report on the findings of the Director with respect to the analysis conducted pursuant to subparagraph (A).
- (2) Elements— The analysis conducted under paragraph (1)(A) shall include analyses of how the initiatives described in such paragraph—
- (A) correspond with the strategy of the intelligence community entitled “Augmenting Intelligence Using Machines”;
- (B) complement each other and avoid unnecessary duplication;
- (C) are coordinated with the efforts of the Defense Department on artificial intelligence, including efforts at the Joint Artificial Intelligence Center (JAIC) and Project Maven; and
- (D) leverage advances in artificial intelligence and machine learning in the private sector.
- (b) Periodic briefings— Not later than 30 days after the date of the enactment of this Act, not less frequently than twice each year thereafter until the date that is 2 years after the date of the enactment of this Act, and not less frequently than once each year thereafter until the date that is 7 years after the date of the enactment of this Act, the Director and the Chief Information Officer of the Department of Defense shall jointly provide to the congressional intelligence committees and congressional defense committees (as defined in section 101 of title 10, United States Code) briefings with updates on activities relating to, and the progress of, their respective artificial intelligence and machine learning initiatives, particularly the Augmenting Intelligence Using Machines initiative and the Joint Artificial Intelligence Center.
## Sec. 9404 Encouraging cooperative actions to detect and counter foreign influence operations — added
- (a) Findings— Congress makes the following findings:
- (1) The Russian Federation, through military intelligence units, also known as the “GRU”, and Kremlin-linked troll organizations often referred to as the “Internet Research Agency”, deploy information warfare operations against the United States, its allies and partners, with the goal of advancing the strategic interests of the Russian Federation.
- (2) One line of effort deployed as part of these information warfare operations is the weaponization of social media platforms with the goals of intensifying societal tensions, undermining trust in governmental institutions within the United States, its allies and partners in the West, and generally sowing division, fear, and confusion.
- (3) These information warfare operations are a threat to the national security of the United States and that of the allies and partners of the United States. As Director of National Intelligence Dan Coats stated, “These actions are persistent, they are pervasive and they are meant to undermine America’s democracy.”.
- (4) These information warfare operations continue to evolve and increase in sophistication.
- (5) Other foreign adversaries and hostile non-state actors will increasingly adopt similar tactics of deploying information warfare operations against the West.
- (6) Technological advances, including artificial intelligence, will only make it more difficult in the future to detect fraudulent accounts, deceptive material posted on social media, and malign behavior on social media platforms.
- (7) Because these information warfare operations are deployed within and across private social media platforms, the companies that own these platforms have a responsibility to detect and remove foreign adversary networks operating clandestinely on their platforms.
- (8) The social media companies are inherently technologically sophisticated and adept at rapidly analyzing large amounts of data and developing software-based solutions to diverse and ever-changing challenges on their platforms, which makes them well-equipped to address the threat occurring on their platforms.
- (9) Independent analyses confirmed Kremlin-linked threat networks, based on data provided by several social media companies to the Select Committee on Intelligence of the Senate, thereby demonstrating that it is possible to discern both broad patterns of cross-platform information warfare operations and specific fraudulent behavior on social media platforms.
- (10) General Paul Nakasone, Director of the National Security Agency, emphasized the importance of these independent analyses to the planning and conduct of military cyber operations to frustrate Kremlin-linked information warfare operations against the 2018 mid-term elections. General Nakasone stated that the reports “were very, very helpful in terms of being able to understand exactly what our adversary was trying to do to build dissent within our nation.”.
- (11) Institutionalizing ongoing robust, independent, and vigorous analysis of data related to foreign threat networks within and across social media platforms will help counter ongoing information warfare operations against the United States, its allies, and its partners.
- (12) Archiving and disclosing to the public the results of these analyses by the social media companies and trusted third-party experts in a transparent manner will serve to demonstrate that the social media companies are detecting and removing foreign malign activities from their platforms while protecting the privacy of the people of the United States and will build public understanding of the scale and scope of these foreign threats to our democracy, since exposure is one of the most effective means to build resilience.
- (b) Sense of the Senate— It is the sense of the Senate that—
- (1) the social media companies should cooperate among themselves and with independent organizations and researchers on a sustained and regular basis to share and analyze data and indicators relevant to foreign information warfare operations within and across their platforms in order to detect and counter foreign information warfare operations that threaten the national security of the United States and its allies and partners;
- (2) these analytic efforts should be organized in such a fashion as to meet the highest standards of ethics, confidentiality, and privacy protection of the people of the United States;
- (3) these analytic efforts should be undertaken as soon as possible to facilitate countering ongoing Kremlin, Kremlin-linked, and other foreign information warfare operations and to aid in preparations for the United States presidential and congressional elections in 2020 and beyond;
- (4) the structure and operations of social media companies make them well positioned to address foreign adversary threat networks within and across their platforms, and these efforts could be conducted without direct Government involvement, direction, or regulation; and
- (5) if the social media industry fails to take sufficient action to address foreign adversary threat networks operating within or across their platforms, Congress would have to consider additional safeguards for ensuring that this threat is effectively mitigated.
- (c) Authority to facilitate establishment of Social Media Data Analysis Center—
- (1) Authority— The Director of National Intelligence, in coordination with the Secretary of Defense, may facilitate, by grant or contract or under an existing authority of the Director, the establishment of a Social Media Data Analysis Center with the functions described in paragraph (2) at an independent, nonprofit organization.
- (2) Functions— The functions described in this paragraph are the following:
- (A) Acting as a convening and sponsoring authority for cooperative social media data analysis of foreign threat networks involving social media companies and third-party experts, nongovernmental organizations, data journalists, federally funded research and development centers, and academic researchers.
- (B) Facilitating analysis within and across the individual social media platforms for the purpose of detecting, exposing, and countering clandestine foreign influence operations and related unlawful activities that fund or subsidize such operations.
- (C) Developing processes to share information from government entities on foreign influence operations with the individual social media companies to inform threat analysis, and working with the Office of the Director of National Intelligence as appropriate.
- (D) Determining and making public criteria for identifying which companies, organizations, or researchers qualify for inclusion in the activities of the Center, and inviting entities that fit the criteria to join.
- (E) Determining jointly with the social media companies what data and metadata related to indicators of foreign adversary threat networks from their platforms and business operations will be made available for access and analysis.
- (F) Developing and making public the criteria and standards that must be met for companies, other organizations, and individual researchers to access and analyze data relating to foreign adversary threat networks within and across social media platforms and publish or otherwise use the results.
- (G) Developing and making public the ethical standards for investigation of foreign threat networks and use of analytic results and for protection of the privacy of the customers and users of the social media platforms and of the proprietary information of the social media companies.
- (H) Developing technical, contractual, and procedural controls to prevent misuse of data, including any necessary auditing procedures, compliance checks, and review mechanisms.
- (I) Developing and making public criteria and conditions under which the Center shall share information with the appropriate Government agencies regarding threats to national security from, or violations of the law involving, foreign activities on social media platforms.
- (J) Developing a searchable, public archive aggregating information related to foreign influence and disinformation operations to build a collective understanding of the threats and facilitate future examination consistent with privacy protections.
- (d) Reporting and notifications— If the Director of National Intelligence chooses to use funds under subsection (c)(1) to facilitate the establishment of the Center, the Director of the Center shall—
- (1) not later than March 1, 2020, submit to Congress a report on—
- (A) the estimated funding needs of the Center for fiscal year 2021 and for subsequent years;
- (B) such statutory protections from liability as the Director considers necessary for the Center, participating social media companies, and participating third-party analytical participants;
- (C) such statutory penalties as the Director considers necessary to ensure against misuse of data by researchers; and
- (D) such changes to the Center’s mission to fully capture broader unlawful activities that intersect with, complement, or support information warfare tactics; and
- (2) not less frequently than once each year, submit to the Director of National Intelligence, the Secretary of Defense, and the appropriate congressional committees a report—
- (A) that assesses—
- (i) degree of cooperation and commitment from the social media companies to the mission of the Center; and
- (ii) effectiveness of the Center in detecting and removing clandestine foreign information warfare operations from social media platforms; and
- (B) includes such recommendations for legislative or administrative action as the Center considers appropriate to carry out the functions of the Center.
- (e) Periodic reporting to the public— The Director of the Center shall—
- (1) once each quarter, make available to the public a report on key trends in foreign influence and disinformation operations, including any threats to campaigns and elections, to inform the public of the United States; and
- (2) as the Director considers necessary, provide more timely assessments relating to ongoing disinformation campaigns.
- (f) Funding— Of the amounts appropriated or otherwise made available to the National Intelligence Program (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) in fiscal year 2020 and 2021, the Director of National Intelligence may use up to $30,000,000 to carry out this section.
- (g) Definition of appropriate congressional committees— In this section, the term appropriate congressional committees means—
- (1) the Committee on Armed Services of the Senate;
- (2) the Committee on Homeland Security and Governmental Affairs of the Senate;
- (3) the Committee on Foreign Relations of the Senate;
- (4) the Committee on the Judiciary of the Senate;
- (5) the Select Committee on Intelligence of the Senate;
- (6) the Committee on Armed Services of the House of Representatives;
- (7) the Committee on Homeland Security of the House of Representatives;
- (8) the Committee on Foreign Affairs of the House of Representatives;
- (9) the Committee on the Judiciary of the House of Representatives; and
- (10) the Permanent Select Committee on Intelligence of the House of Representatives.
## Sec. 9405 Oversight of foreign influence in academia — added
- (a) Definitions— In this section:
- (1) Covered institution of higher education— The term covered institution of higher education means an institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) that receives Federal funds in any amount and for any purpose.
- (2) Sensitive research subject— The term sensitive research subject means a subject of research that is carried out at a covered institution of higher education that receives funds that were appropriated for—
- (A) the National Intelligence Program; or
- (B) any Federal agency the Director of National Intelligence deems appropriate.
- (b) Report required— Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Director of National Intelligence, in consultation with such elements of the intelligence community as the Director considers appropriate and consistent with the privacy protections afforded to United States persons, shall submit to congressional intelligence committees a report on risks to sensitive research subjects posed by foreign entities in order to provide Congress and covered institutions of higher education with more complete information on these risks and to help ensure academic freedom.
- (c) Contents— The report required by subsection (b) shall include the following:
- (1) A list of sensitive research subjects that could affect national security.
- (2) A list of foreign entities, including governments, corporations, nonprofit organizations and for-profit organizations, and any subsidiary or affiliate of such an entity, that the Director determines pose a counterintelligence, espionage (including economic espionage), or other national security threats with respect to sensitive research subjects.
- (3) A list of any known or suspected attempts by foreign entities to exert pressure on covered institutions of higher education, including attempts to limit freedom of speech, propagate misinformation or disinformation, or to influence professors, researchers, or students.
- (4) Recommendations for collaboration between covered institutions of higher education and the intelligence community to mitigate threats to sensitive research subjects associated with foreign influence in academia, including any necessary legislative or administrative action.
- (d) Congressional notifications required— Not later than 30 days after the date on which the Director identifies a change to either list described in paragraph (1) or (2) of subsection (c), the Director shall notify the congressional intelligence committees of the change.
## Sec. 9406 Director of National Intelligence report on fifth-generation wireless network technology — added
- (a) Report required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on—
- (1) the threat to United States national security posed by the global and regional adoption of fifth-generation (5G) wireless network technology built by foreign companies; and
- (2) the effect of possible efforts to mitigate the threat.
- (b) Contents— The report required by subsection (a) shall include:
- (1) The timeline and scale of global and regional adoption of foreign fifth-generation wireless network technology.
- (2) The implications of such global and regional adoption on the cyber and espionage threat to the United States and United States interests as well as to United States cyber and collection capabilities.
- (3) The effect of possible mitigation efforts, including:
- (A) United States Government policy promoting the use of strong, end-to-end encryption for data transmitted over fifth-generation wireless networks.
- (B) United States Government policy promoting or funding free, open-source implementation of fifth-generation wireless network technology.
- (C) United States Government subsidies or incentives that could be used to promote the adoption of secure fifth-generation wireless network technology developed by companies of the United States or companies of allies of the United States.
- (D) United States Government strategy to reduce foreign influence and political pressure in international standard-setting bodies.
- (c) Form— The report submitted under subsection (a) shall be submitted in unclassified form to the greatest extent practicable, but may include a classified appendix if necessary.
## Sec. 9407 Annual report by Comptroller General of the United States on cybersecurity and surveillance threats to Congress — added
- (a) Annual report required— Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Comptroller General of the United States shall submit to the congressional intelligence committees a report on cybersecurity and surveillance threats to Congress.
- (b) Statistics— Each report submitted under subsection (a) shall include statistics on cyber attacks and other incidents of espionage or surveillance targeted against Senators or the immediate families or staff of the Senators, in which the nonpublic communications and other private information of such targeted individuals were lost, stolen, or otherwise subject to unauthorized access by criminals or a foreign government.
- (c) Consultation— In preparing a report to be submitted under subsection (a), the Comptroller General shall consult with the Director of National Intelligence, the Secretary of Homeland Security, and the Sergeant at Arms and Doorkeeper of the Senate.
## Sec. 9408 Director of National Intelligence assessment of foreign interference in elections — added
- (a) Assessments required— Not later than 45 days after the conclusion of a United States election, the Director of National Intelligence, in consultation with the heads of such other executive departments and agencies as the Director considers appropriate, shall—
- (1) conduct an assessment of any information indicating that a foreign government, or any person acting as an agent of or on behalf of a foreign government, has acted with the intent or purpose of interfering in that election; and
- (2) transmit the findings of the Director with respect to the assessment conducted under paragraph (1), along with such supporting information as the Director considers appropriate, to the following:
- (A) The President.
- (B) The Secretary of State.
- (C) The Secretary of the Treasury.
- (D) The Secretary of Defense.
- (E) The Attorney General.
- (F) The Secretary of Homeland Security.
- (G) Congress.
- (b) Elements— An assessment conducted under subsection (a)(1), with respect to an act described in such subsection, shall identify, to the maximum extent ascertainable, the following:
- (1) The nature of any foreign interference and any methods employed to execute the act.
- (2) The persons involved.
- (3) The foreign government or governments that authorized, directed, sponsored, or supported the act.
- (c) Publication— In a case in which the Director conducts an assessment under subsection (a)(1) with respect to an election, the Director shall, as soon as practicable after the date of the conclusion of such election and not later than 60 days after the date of such conclusion, make available to the public, to the greatest extent possible consistent with the protection of sources and methods, the findings transmitted under subsection (a)(2).
## Sec. 9409 Study on feasibility and advisability of establishing Geospatial-Intelligence Museum and learning center — added
- (a) Study required— Not later than 180 days after the date of the enactment of this Act, the Director of the National Geospatial-Intelligence Agency shall complete a study on the feasibility and advisability of establishing a Geospatial-Intelligence Museum and learning center.
- (b) Elements— The study required by subsection (a) shall include the following:
- (1) Identifying the costs, opportunities, and challenges of establishing the museum and learning center as described in such subsection.
- (2) Developing recommendations concerning such establishment.
- (3) Identifying and reviewing lessons learned from the establishment of the Cyber Center for Education and Innovation-Home of the National Cryptologic Museum under section 7781(a) of title 10, United States Code.
- (c) Report— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees and the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the findings of the Director with respect to the study completed under subsection (a).
## Sec. 9410 Report on death of Jamal Khashoggi — added
- (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. 10001 Short title — added
- This division may be cited as the “Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019”.
## Sec. 10002 Definitions — added
- In this division:
- (1) Congressional intelligence committees— The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
- (2) Intelligence community— The term intelligence community has the meaning given such term in such section.
## Sec. 10101 Authorization of appropriations — added
- (a) Fiscal year 2019— Funds are hereby authorized to be appropriated for fiscal year 2019 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
- (1) The Office of the Director of National Intelligence.
- (2) The Central Intelligence Agency.
- (3) The Department of Defense.
- (4) The Defense Intelligence Agency.
- (5) The National Security Agency.
- (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force.
- (7) The Coast Guard.
- (8) The Department of State.
- (9) The Department of the Treasury.
- (10) The Department of Energy.
- (11) The Department of Justice.
- (12) The Federal Bureau of Investigation.
- (13) The Drug Enforcement Administration.
- (14) The National Reconnaissance Office.
- (15) The National Geospatial-Intelligence Agency.
- (16) The Department of Homeland Security.
- (b) Fiscal year 2018— Funds that were appropriated for fiscal year 2018 for the conduct of the intelligence and intelligence-related activities of the elements of the United States set forth in subsection (a) are hereby authorized.
## Sec. 10102 Classified Schedule of Authorizations — added
- (a) Specifications of amounts— The amounts authorized to be appropriated under section 10101 for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 10101, are those specified in the classified Schedule of Authorizations prepared to accompany this division.
- (b) Availability of classified schedule of authorizations—
- (1) Availability— The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
- (2) Distribution by the President— Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch.
- (3) Limits on disclosure— The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
- (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
- (B) to the extent necessary to implement the budget; or
- (C) as otherwise required by law.
## Sec. 10103 Intelligence Community Management Account — added
- (a) Authorization of appropriations— There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2019 the sum of $522,424,000.
- (b) Classified authorization of appropriations— In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2019 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 10102(a).
## Sec. 10201 Authorization of appropriations — added
- There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2019.
## Sec. 10202 Computation of annuities for employees of the Central Intelligence Agency — added
- (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.
## Sec. 10301 Restriction on conduct of intelligence activities — added
- The authorization of appropriations by this division shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
## Sec. 10302 Increase in employee compensation and benefits authorized by law — added
- Appropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
## Sec. 10303 Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay authority for cyber positions — added
- Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a) is amended—
- (1) by amending subsection (a) to read as follows:
- “(a) Special rates of pay for positions requiring expertise in science, technology, engineering, or mathematics
- “(1) In general—Notwithstanding part III of title 5, United States Code, the head of each element of the intelligence community may, for 1 or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics—
- “(A) establish higher minimum rates of pay; and
- “(B) make corresponding increases in all rates of pay of the pay range for each grade or level, subject to subsection (b) or (c), as applicable.
- “(2) Treatment—The special rate supplements resulting from the establishment of higher rates under paragraph (1) shall be basic pay for the same or similar purposes as those specified in section 5305(j) of title 5, United States Code.”
- (2) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively;
- (3) by inserting after subsection (a) the following:
- “(b) Special rates of pay for cyber positions
- “(1) In general—Notwithstanding subsection (c), the Director of the National Security Agency may establish a special rate of pay—
- “(A) not to exceed the rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5, United States Code, if the Director certifies to the Under Secretary of Defense for Intelligence, in consultation with the Under Secretary of Defense for Personnel and Readiness, that the rate of pay is for positions that perform functions that execute the cyber mission of the Agency; or
- “(B) not to exceed the rate of basic pay payable for the Vice President of the United States under section 104 of title 3, United States Code, if the Director certifies to the Secretary of Defense, by name, individuals that have advanced skills and competencies and that perform critical functions that execute the cyber mission of the Agency.
- “(2) Pay limitation—Employees receiving a special rate under paragraph (1) shall be subject to an aggregate pay limitation that parallels the limitation established in section 5307 of title 5, United States Code, except that—
- “(A) any allowance, differential, bonus, award, or other similar cash payment in addition to basic pay that is authorized under title 10, United States Code, (or any other applicable law in addition to title 5 of such Code, excluding the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)) shall also be counted as part of aggregate compensation; and
- “(B) aggregate compensation may not exceed the rate established for the Vice President of the United States under section 104 of title 3, United States Code.
- “(3) Limitation on number of recipients—The number of individuals who receive basic pay established under paragraph (1)(B) may not exceed 100 at any time.
- “(4) Limitation on use as comparative reference—Notwithstanding any other provision of law, special rates of pay and the limitation established under paragraph (1)(B) may not be used as comparative references for the purpose of fixing the rates of basic pay or maximum pay limitations of qualified positions under section 1599f of title 10, United States Code, or section 226 of the Homeland Security Act of 2002 (6 U.S.C. 147).”
- (4) in subsection (c), as redesignated by paragraph (2), by striking “A minimum” and inserting “Except as provided in subsection (b), a minimum”;
- (5) in subsection (d), as redesignated by paragraph (2), by inserting “or (b)” after “by subsection (a)”; and
- (6) in subsection (g), as redesignated by paragraph (2)—
- (A) in paragraph (1), by striking “Not later than 90 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2017” and inserting “Not later than 90 days after the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019”; and
- (B) in paragraph (2)(A), by inserting “or (b)” after “subsection (a)”.
## Sec. 10304 Modification of appointment of Chief Information Officer of the Intelligence Community — added
- Section 103G(a) of the National Security Act of 1947 (50 U.S.C. 3032(a)) is amended by striking “President” and inserting “Director”.
## Sec. 10305 Director of National Intelligence review of placement of positions within the intelligence community on the Executive Schedule — added
- (a) Review— The Director of National Intelligence, in coordination with the Director of the Office of Personnel Management, shall conduct a review of positions within the intelligence community regarding the placement of such positions on the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code. In carrying out such review, the Director of National Intelligence, in coordination with the Director of the Office of Personnel Management, shall determine—
- (1) the standards under which such review will be conducted;
- (2) which positions should or should not be on the Executive Schedule; and
- (3) for those positions that should be on the Executive Schedule, the level of the Executive Schedule at which such positions should be placed.
- (b) Report— Not later than 60 days after the date on which the review under subsection (a) is completed, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives an unredacted report describing the standards by which the review was conducted and the outcome of the review.
## Sec. 10306 Supply Chain and Counterintelligence Risk Management Task Force — added
- (a) Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
- (1) The congressional intelligence committees.
- (2) The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.
- (3) The Committee on Armed Services, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives.
- (b) Requirement to establish— The Director of National Intelligence shall establish a Supply Chain and Counterintelligence Risk Management Task Force to standardize information sharing between the intelligence community and the acquisition community of the United States Government with respect to the supply chain and counterintelligence risks.
- (c) Members— The Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall be composed of—
- (1) a representative of the Defense Security Service of the Department of Defense;
- (2) a representative of the General Services Administration;
- (3) a representative of the Office of Federal Procurement Policy of the Office of Management and Budget;
- (4) a representative of the Department of Homeland Security;
- (5) a representative of the Federal Bureau of Investigation;
- (6) the Director of the National Counterintelligence and Security Center; and
- (7) any other members the Director of National Intelligence determines appropriate.
- (d) Security clearances— Each member of the Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall have a security clearance at the top secret level and be able to access sensitive compartmented information.
- (e) Annual report— The Supply Chain and Counterintelligence Risk Management Task Force established under subsection (b) shall submit to the appropriate congressional committees an annual report that describes the activities of the Task Force during the previous year, including identification of the supply chain and counterintelligence risks shared with the acquisition community of the United States Government by the intelligence community.
## Sec. 10307 Consideration of adversarial telecommunications and cybersecurity infrastructure when sharing intelligence with foreign governments and entities — added
- Whenever the head of an element of the intelligence community enters into an intelligence sharing agreement with a foreign government or any other foreign entity, the head of the element shall consider the pervasiveness of telecommunications and cybersecurity infrastructure, equipment, and services provided by adversaries of the United States, particularly China and Russia, or entities of such adversaries in the country or region of the foreign government or other foreign entity entering into the agreement.
## Sec. 10308 Cyber protection support for the personnel of the intelligence community in positions highly vulnerable to cyber attack — added
- (a) Definitions— In this section:
- (1) Personal accounts— The term personal accounts means accounts for online and telecommunications services, including telephone, residential Internet access, email, text and multimedia messaging, cloud computing, social media, health care, and financial services, used by personnel of the intelligence community outside of the scope of their employment with elements of the intelligence community.
- (2) Personal technology devices— The term personal technology devices means technology devices used by personnel of the intelligence community outside of the scope of their employment with elements of the intelligence community, including networks to which such devices connect.
- (b) Authority to provide cyber protection support—
- (1) In general— Subject to a determination by the Director of National Intelligence, the Director may provide cyber protection support for the personal technology devices and personal accounts of the personnel described in paragraph (2).
- (2) At-risk personnel— The personnel described in this paragraph are personnel of the intelligence community—
- (A) who the Director determines to be highly vulnerable to cyber attacks and hostile information collection activities because of the positions occupied by such personnel in the intelligence community; and
- (B) whose personal technology devices or personal accounts are highly vulnerable to cyber attacks and hostile information collection activities.
- (c) Nature of cyber protection support— Subject to the availability of resources, the cyber protection support provided to personnel under subsection (b) may include training, advice, assistance, and other services relating to cyber attacks and hostile information collection activities.
- (d) Limitation on support— Nothing in this section shall be construed—
- (1) to encourage personnel of the intelligence community to use personal technology devices for official business; or
- (2) to authorize cyber protection support for senior intelligence community personnel using personal devices, networks, and personal accounts in an official capacity.
- (e) Report— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees a report on the provision of cyber protection support under subsection (b). The report shall include—
- (1) a description of the methodology used to make the determination under subsection (b)(2); and
- (2) guidance for the use of cyber protection support and tracking of support requests for personnel receiving cyber protection support under subsection (b).
## Sec. 10309 Modification of authority relating to management of supply-chain risk — added
- (a) Modification of effective date— Subsection (f) of section 309 of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law 112–87; 50 U.S.C. 3329 note) is amended by striking “the date that is 180 days after”.
- (b) Repeal of sunset— Such section is amended by striking subsection (g).
- (c) Reports— Such section, as amended by subsection (b), is further amended—
- (1) by redesignating subsection (f), as amended by subsection (a), as subsection (g); and
- (2) by inserting after subsection (e) the following:
- “(f) Annual reports
- “(1) In general—Except as provided in paragraph (2), not later than 180 days after the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019 and not less frequently than once each calendar year thereafter, the Director of National Intelligence shall, in consultation with each head of a covered agency, submit to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), a report that details the determinations and notifications made under subsection (c) during the most recently completed calendar year.
- “(2) Initial report—The first report submitted under paragraph (1) shall detail all the determinations and notifications made under subsection (c) before the date of the submittal of the report.”
## Sec. 10310 Limitations on determinations regarding certain security classifications — added
- (a) Prohibition— An officer of an element of the intelligence community who has been nominated by the President for a position that requires the advice and consent of the Senate may not make a classification decision with respect to information related to such officer's nomination.
- (b) Classification determinations—
- (1) In general— Except as provided in paragraph (2), in a case in which an officer described in subsection (a) has been nominated as described in such subsection and classification authority rests with the officer or another officer who reports directly to such officer, a classification decision with respect to information relating to the officer shall be made by the Director of National Intelligence.
- (2) Nominations of Director of National Intelligence— In a case described in paragraph (1) in which the officer nominated is the Director of National Intelligence, the classification decision shall be made by the Principal Deputy Director of National Intelligence.
- (c) Reports— Whenever the Director or the Principal Deputy Director makes a decision under subsection (b), the Director or the Principal Deputy Director, as the case may be, shall submit to the congressional intelligence committees a report detailing the reasons for the decision.
## Sec. 10311 Joint Intelligence Community Council — added
- (a) Meetings— Section 101A(d) of the National Security Act of 1947 (50 U.S.C. 3022(d)) is amended—
- (1) by striking “regular”; and
- (2) by inserting “as the Director considers appropriate” after “Council”.
- (b) Report on function and utility of the Joint Intelligence Community Council—
- (1) In general— No later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Executive Office of the President and members of the Joint Intelligence Community Council, shall submit to the congressional intelligence committees a report on the function and utility of the Joint Intelligence Community Council.
- (2) Contents— The report required by paragraph (1) shall include the following:
- (A) The number of physical or virtual meetings held by the Council per year since the Council’s inception.
- (B) A description of the effect and accomplishments of the Council.
- (C) An explanation of the unique role of the Council relative to other entities, including with respect to the National Security Council and the Executive Committee of the intelligence community.
- (D) Recommendations for the future role and operation of the Council.
- (E) Such other matters relating to the function and utility of the Council as the Director considers appropriate.
- (3) Form— The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
## Sec. 10312 Intelligence community information technology environment — added
- (a) Definitions— In this section:
- (1) Core service— The term core service means a capability that is available to multiple elements of the intelligence community and required for consistent operation of the intelligence community information technology environment.
- (2) Intelligence community information technology environment— The term intelligence community information technology environment means all of the information technology services across the intelligence community, including the data sharing and protection environment across multiple classification domains.
- (b) Roles and responsibilities—
- (1) Director of National Intelligence— The Director of National Intelligence shall be responsible for coordinating the performance by elements of the intelligence community of the intelligence community information technology environment, including each of the following:
- (A) Ensuring compliance with all applicable environment rules and regulations of such environment.
- (B) Ensuring measurable performance goals exist for such environment.
- (C) Documenting standards and practices of such environment.
- (D) Acting as an arbiter among elements of the intelligence community related to any disagreements arising out of the implementation of such environment.
- (E) Delegating responsibilities to the elements of the intelligence community and carrying out such other responsibilities as are necessary for the effective implementation of such environment.
- (2) Core service providers— Providers of core services shall be responsible for—
- (A) providing core services, in coordination with the Director of National Intelligence; and
- (B) providing the Director with information requested and required to fulfill the responsibilities of the Director under paragraph (1).
- (3) Use of core services—
- (A) In general— Except as provided in subparagraph (B), each element of the intelligence community shall use core services when such services are available.
- (B) Exception— The Director of National Intelligence may provide for a written exception to the requirement under subparagraph (A) if the Director determines there is a compelling financial or mission need for such exception.
- (c) Management accountability— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate and maintain one or more accountable executives of the intelligence community information technology environment to be responsible for—
- (1) management, financial control, and integration of such environment;
- (2) overseeing the performance of each core service, including establishing measurable service requirements and schedules;
- (3) to the degree feasible, ensuring testing of each core service of such environment, including testing by the intended users, to evaluate performance against measurable service requirements and to ensure the capability meets user requirements; and
- (4) coordinate transition or restructuring efforts of such environment, including phaseout of legacy systems.
- (d) Security plan— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and maintain a security plan for the intelligence community information technology environment.
- (e) Long-term roadmap— Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a long-term roadmap that shall include each of the following:
- (1) A description of the minimum required and desired core service requirements, including—
- (A) key performance parameters; and
- (B) an assessment of current, measured performance.
- (2) implementation milestones for the intelligence community information technology environment, including each of the following:
- (A) A schedule for expected deliveries of core service capabilities during each of the following phases:
- (i) Concept refinement and technology maturity demonstration.
- (ii) Development, integration, and demonstration.
- (iii) Production, deployment, and sustainment.
- (iv) System retirement.
- (B) Dependencies of such core service capabilities.
- (C) Plans for the transition or restructuring necessary to incorporate core service capabilities.
- (D) A description of any legacy systems and discontinued capabilities to be phased out.
- (3) Such other matters as the Director determines appropriate.
- (f) Business plan— Not later than 180 days after the date of the enactment of this Act, and during each of the second and fourth fiscal quarters thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a business plan that includes each of the following:
- (1) A systematic approach to identify core service funding requests for the intelligence community information technology environment within the proposed budget, including multiyear plans to implement the long-term roadmap required by subsection (e).
- (2) A uniform approach by which each element of the intelligence community shall identify the cost of legacy information technology or alternative capabilities where services of the intelligence community information technology environment will also be available.
- (3) A uniform effort by which each element of the intelligence community shall identify transition and restructuring costs for new, existing, and retiring services of the intelligence community information technology environment, as well as services of such environment that have changed designations as a core service.
- (g) Quarterly presentations— Beginning not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees quarterly updates regarding ongoing implementation of the intelligence community information technology environment as compared to the requirements in the most recently submitted security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f).
- (h) Additional notifications— The Director of National Intelligence shall provide timely notification to the congressional intelligence committees regarding any policy changes related to or affecting the intelligence community information technology environment, new initiatives or strategies related to or impacting such environment, and changes or deficiencies in the execution of the security plan required by subsection (d), long-term roadmap required by subsection (e), and business plan required by subsection (f)
- (i) Sunset— The section shall have no effect on or after September 30, 2024.
## Sec. 10313 Report on development of secure mobile voice solution for intelligence community — added
- (a) In general— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency and the Director of the National Security Agency, shall submit to the congressional intelligence committees a classified report on the feasibility, desirability, cost, and required schedule associated with the implementation of a secure mobile voice solution for the intelligence community.
- (b) Contents— The report required by subsection (a) shall include, at a minimum, the following:
- (1) The benefits and disadvantages of a secure mobile voice solution.
- (2) Whether the intelligence community could leverage commercially available technology for classified voice communications that operates on commercial mobile networks in a secure manner and identifying the accompanying security risks to such networks.
- (3) A description of any policies or community guidance that would be necessary to govern the potential solution, such as a process for determining the appropriate use of a secure mobile telephone and any limitations associated with such use.
## Sec. 10314 Policy on minimum insider threat standards — added
- (a) Policy required— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall establish a policy for minimum insider threat standards that is consistent with the National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs.
- (b) Implementation— Not later than 180 days after the date of the enactment of this Act, the head of each element of the intelligence community shall implement the policy established under subsection (a).
## Sec. 10315 Submission of intelligence community policies — added
- (a) Definitions— In this section:
- (1) Electronic repository— The term electronic repository means the electronic distribution mechanism, in use as of the date of the enactment of this Act, or any successor electronic distribution mechanism, by which the Director of National Intelligence submits to the congressional intelligence committees information.
- (2) Policy— The term policy, with respect to the intelligence community, includes unclassified or classified—
- (A) directives, policy guidance, and policy memoranda of the intelligence community;
- (B) executive correspondence of the Director of National Intelligence; and
- (C) any equivalent successor policy instruments.
- (b) Submission of policies—
- (1) Current policy— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees using the electronic repository all nonpublicly available policies issued by the Director of National Intelligence for the intelligence community that are in effect as of the date of the submission.
- (2) Continuous updates— Not later than 15 days after the date on which the Director of National Intelligence issues, modifies, or rescinds a policy of the intelligence community, the Director shall—
- (A) notify the congressional intelligence committees of such addition, modification, or removal; and
- (B) update the electronic repository with respect to such addition, modification, or removal.
## Sec. 10316 Expansion of intelligence community recruitment efforts — added
- 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.
## Sec. 10401 Authority for protection of current and former employees of the Office of the Director of National Intelligence — added
- Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)(4)) is amended by striking “such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate;” and inserting “current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may designate;”.
## Sec. 10402 Designation of the program manager-information sharing environment — added
- (a) Information sharing environment— Section 1016(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)) is amended—
- (1) in paragraph (1), by striking “President” and inserting “Director of National Intelligence”; and
- (2) in paragraph (2), by striking “President” both places that term appears and inserting “Director of National Intelligence”.
- (b) Program manager— Section 1016(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by striking “The individual designated as the program manager shall serve as program manager until removed from service or replaced by the President (at the President's sole discretion).” and inserting “Beginning on the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019, each individual designated as the program manager shall be appointed by the Director of National Intelligence.”.
## Sec. 10403 Technical modification to the executive schedule — added
- Section 5315 of title 5, United States Code, is amended by adding at the end the following:
## Sec. 10404 Chief Financial Officer of the Intelligence Community — added
- Section 103I(a) of the National Security Act of 1947 (50 U.S.C. 3034(a)) is amended by adding at the end the following new sentence: “The Chief Financial Officer shall report directly to the Director of National Intelligence.”.
## Sec. 10405 Chief Information Officer of the Intelligence Community — added
- 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.”.
## Sec. 10411 Central Intelligence Agency subsistence for personnel assigned to austere locations — added
- Subsection (a) of section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3506) is amended—
- (1) in paragraph (1), by striking “(50 U.S.C. 403–4a).,” and inserting “(50 U.S.C. 403–4a),”;
- (2) in paragraph (6), by striking “and” at the end;
- (3) in paragraph (7), by striking the period at the end and inserting “; and”; and
- (4) by adding at the end the following new paragraph (8):
- “(8) Upon the approval of the Director, provide, during any fiscal year, with or without reimbursement, subsistence to any personnel assigned to an overseas location designated by the Agency as an austere location.”
## Sec. 10412 Expansion of security protective service jurisdiction of the Central Intelligence Agency — added
- Subsection (a) of section 15 of the Central Intelligence Act of 1949 (50 U.S.C. 3515(a)) is amended—
- (1) in the subsection heading, by striking “policemen” and inserting “police officers”; and
- (2) in paragraph (1)—
- (A) in subparagraph (B), by striking “500 feet;” and inserting “500 yards;”; and
- (B) in subparagraph (D), by striking “500 feet.” and inserting “500 yards.”.
## Sec. 10413 Repeal of foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency — added
- (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).
## Sec. 10421 Consolidation of Department of Energy Offices of Intelligence and Counterintelligence — added
- (a) In general— Section 215 of the Department of Energy Organization Act (42 U.S.C. 7144b) is amended to read as follows:
- “215. Office of Intelligence and Counterintelligence
- “(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. 10422 Repeal of Department of Energy Intelligence Executive Committee and budget reporting requirement — added
- Section 214 of the Department of Energy Organization Act (42 U.S.C. 7144a) is amended—
- (1) by striking “(a) Duty of Secretary.—”; and
- (2) by striking subsections (b) and (c).
## Sec. 10431 Plan for designation of counterintelligence component of Defense Security Service as an element of intelligence community — added
- Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and Under Secretary of Defense for Intelligence, in coordination with the Director of the National Counterintelligence and Security Center, shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a plan to designate the counterintelligence component of the Defense Security Service of the Department of Defense as an element of the intelligence community by not later than January 1, 2019. Such plan shall—
- (1) address the implications of such designation on the authorities, governance, personnel, resources, information technology, collection, analytic products, information sharing, and business processes of the Defense Security Service and the intelligence community; and
- (2) not address the personnel security functions of the Defense Security Service.
## Sec. 10432 Notice not required for private entities — added
- Section 3553 of title 44, United States Code, is amended—
- (1) by redesignating subsection (j) as subsection (k); and
- (2) by inserting after subsection (i) the following:
- “(j) Rule of construction—Nothing in this section shall be construed to require the Secretary to provide notice to any private entity before the Secretary issues a binding operational directive under subsection (b)(2).”
## Sec. 10433 Framework for roles, missions, and functions of Defense Intelligence Agency — added
- (a) In general— The Director of National Intelligence and the Secretary of Defense shall jointly establish a framework to ensure the appropriate balance of resources for the roles, missions, and functions of the Defense Intelligence Agency in its capacity as an element of the intelligence community and as a combat support agency. The framework shall include supporting processes to provide for the consistent and regular reevaluation of the responsibilities and resources of the Defense Intelligence Agency to prevent imbalanced priorities, insufficient or misaligned resources, and the unauthorized expansion of mission parameters.
- (b) Matters for inclusion— The framework required under subsection (a) shall include each of the following:
- (1) A lexicon providing for consistent definitions of relevant terms used by both the intelligence community and the Department of Defense, including each of the following:
- (A) Defense intelligence enterprise.
- (B) Enterprise manager.
- (C) Executive agent.
- (D) Function.
- (E) Functional manager.
- (F) Mission.
- (G) Mission manager.
- (H) Responsibility.
- (I) Role.
- (J) Service of common concern.
- (2) An assessment of the necessity of maintaining separate designations for the intelligence community and the Department of Defense for intelligence functional or enterprise management constructs.
- (3) A repeatable process for evaluating the addition, transfer, or elimination of defense intelligence missions, roles, and functions, currently performed or to be performed in the future by the Defense Intelligence Agency, which includes each of the following:
- (A) A justification for the addition, transfer, or elimination of a mission, role, or function.
- (B) The identification of which, if any, element of the Federal Government performs the considered mission, role, or function.
- (C) In the case of any new mission, role, or function—
- (i) an assessment of the most appropriate agency or element to perform such mission, role, or function, taking into account the resource profiles, scope of responsibilities, primary customers, and existing infrastructure necessary to support such mission, role, or function; and
- (ii) a determination of the appropriate resource profile and an identification of the projected resources needed and the proposed source of such resources over the future-years defense program, to be provided in writing to any elements of the intelligence community or the Department of Defense affected by the assumption, transfer, or elimination of any mission, role, or function.
- (D) In the case of any mission, role, or function proposed to be assumed, transferred, or eliminated, an assessment, which shall be completed jointly by the heads of each element affected by such assumption, transfer, or elimination, of the risks that would be assumed by the intelligence community and the Department if such mission, role, or function is assumed, transferred, or eliminated.
- (E) A description of how determinations are made regarding the funding of programs and activities under the National Intelligence Program and the Military Intelligence Program, including—
- (i) which programs or activities are funded under each such Program;
- (ii) which programs or activities should be jointly funded under both such Programs and how determinations are made with respect to funding allocations for such programs and activities; and
- (iii) the thresholds and process for changing a program or activity from being funded under one such Program to being funded under the other such Program.
## Sec. 10434 Establishment of advisory board for National Reconnaissance Office — added
- (a) Establishment— Section 106A of the National Security Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end the following new subsection:
- “(d) Advisory board
- “(1) Establishment—There is established in the National Reconnaissance Office an advisory board (in this section referred to as the “Board”).
- “(2) Duties—The Board shall—
- “(A) study matters relating to the mission of the National Reconnaissance Office, including with respect to promoting innovation, competition, and resilience in space, overhead reconnaissance, acquisition, and other matters; and
- “(B) advise and report directly to the Director with respect to such matters.
- “(3) Members
- “(A) Number and appointment
- “(i) In general—The Board shall be composed of 5 members appointed by the Director from among individuals with demonstrated academic, government, business, or other expertise relevant to the mission and functions of the National Reconnaissance Office.
- “(ii) Notification—Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10, United States Code) of such appointment.
- “(B) Terms—Each member shall be appointed for a term of 2 years. Except as provided by subparagraph (C), a member may not serve more than 3 terms.
- “(C) Vacancy—Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office.
- “(D) Chair—The Board shall have a Chair, who shall be appointed by the Director from among the members.
- “(E) Travel expenses—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
- “(F) Executive Secretary—The Director may appoint an executive secretary, who shall be an employee of the National Reconnaissance Office, to support the Board.
- “(4) Meetings—The Board shall meet not less than quarterly, but may meet more frequently at the call of the Director.
- “(5) Reports—Not later than March 31 of each year, the Board shall submit to the Director and to the congressional intelligence committees a report on the activities and significant findings of the Board during the preceding year.
- “(6) Nonapplicability of certain requirements—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.
- “(7) Termination—The Board shall terminate on the date that is 3 years after the date of the first meeting of the Board.”
- (b) Initial appointments— Not later than 180 days after the date of the enactment of this Act, the Director of the National Reconnaissance Office shall appoint the initial 5 members to the advisory board under subsection (d) of section 106A of the National Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a).
## Sec. 10435 Collocation of certain Department of Homeland Security personnel at field locations — added
- (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).
## Sec. 10501 Report on cyber attacks by foreign governments against United States election infrastructure — added
- (a) Definitions— In this section:
- (1) Appropriate congressional committees— The term appropriate congressional committees means—
- (A) the congressional intelligence committees;
- (B) the Committee on Homeland Security and Governmental Affairs of the Senate;
- (C) the Committee on Homeland Security of the House of Representatives;
- (D) the Committee on Foreign Relations of the Senate; and
- (E) the Committee on Foreign Affairs of the House of Representatives.
- (2) Congressional leadership— The term congressional leadership includes the following:
- (A) The majority leader of the Senate.
- (B) The minority leader of the Senate.
- (C) The Speaker of the House of Representatives.
- (D) The minority leader of the House of Representatives.
- (3) State— The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
- (b) Report required— Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to congressional leadership and the appropriate congressional committees a report on cyber attacks and attempted cyber attacks by foreign governments on United States election infrastructure in States and localities in connection with the 2016 Presidential election in the United States and such cyber attacks or attempted cyber attacks as the Under Secretary anticipates against such infrastructure. Such report shall identify the States and localities affected and shall include cyber attacks and attempted cyber attacks against voter registration databases, voting machines, voting-related computer networks, and the networks of Secretaries of State and other election officials of the various States.
- (c) Form— The report submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
## Sec. 10502 Review of intelligence community's posture to collect against and analyze Russian efforts to influence the Presidential election — added
- (a) Review required— Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall—
- (1) complete an after action review of the posture of the intelligence community to collect against and analyze efforts of the Government of Russia to interfere in the 2016 Presidential election in the United States; and
- (2) submit to the congressional intelligence committees a report on the findings of the Director with respect to such review.
- (b) Elements— The review required by subsection (a) shall include, with respect to the posture and efforts described in paragraph (1) of such subsection, the following:
- (1) An assessment of whether the resources of the intelligence community were properly aligned to detect and respond to the efforts described in subsection (a)(1).
- (2) An assessment of the information sharing that occurred within elements of the intelligence community.
- (3) An assessment of the information sharing that occurred between elements of the intelligence community.
- (4) An assessment of applicable authorities necessary to collect on any such efforts and any deficiencies in those authorities.
- (5) A review of the use of open source material to inform analysis and warning of such efforts.
- (6) A review of the use of alternative and predictive analysis.
- (c) Form of report— The report required by subsection (a)(2) shall be submitted to the congressional intelligence committees in a classified form.
## Sec. 10503 Assessment of foreign intelligence threats to Federal elections — added
- (a) Definitions— In this section:
- (1) Appropriate congressional committees— The term appropriate congressional committees means—
- (A) the congressional intelligence committees;
- (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
- (C) the Committee on Homeland Security of the House of Representatives.
- (2) Congressional leadership— The term congressional leadership includes the following:
- (A) The majority leader of the Senate.
- (B) The minority leader of the Senate.
- (C) The Speaker of the House of Representatives.
- (D) The minority leader of the House of Representatives.
- (3) Security vulnerability— The term security vulnerability has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
- (b) In general— The Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the heads of other relevant elements of the intelligence community, shall—
- (1) commence not later than 1 year before any regularly scheduled Federal election occurring after December 31, 2018, and complete not later than 180 days before such election, an assessment of security vulnerabilities of State election systems; and
- (2) not later than 180 days before any regularly scheduled Federal election occurring after December 31, 2018, submit a report on such security vulnerabilities and an assessment of foreign intelligence threats to the election to—
- (A) congressional leadership; and
- (B) the appropriate congressional committees.
- (c) Update— Not later than 90 days before any regularly scheduled Federal election occurring after December 31, 2018, the Director of National Intelligence shall—
- (1) update the assessment of foreign intelligence threats to that election; and
- (2) submit the updated assessment to—
- (A) congressional leadership; and
- (B) the appropriate congressional committees.
## Sec. 10504 Strategy for countering Russian cyber threats to United States elections — added
- (a) Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
- (1) The congressional intelligence committees.
- (2) The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.
- (3) The Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.
- (4) The Committee on Foreign Relations of the Senate.
- (5) The Committee on Foreign Affairs of the House of Representatives.
- (b) Requirement for a strategy— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Defense, and the Secretary of the Treasury, shall develop a whole-of-government strategy for countering the threat of Russian cyber attacks and attempted cyber attacks against electoral systems and processes in the United States, including Federal, State, and local election systems, voter registration databases, voting tabulation equipment, and equipment and processes for the secure transmission of election results.
- (c) Elements of the strategy— The strategy required by subsection (b) shall include the following elements:
- (1) A whole-of-government approach to protecting United States electoral systems and processes that includes the agencies and departments indicated in subsection (b) as well as any other agencies and departments of the United States, as determined appropriate by the Director of National Intelligence and the Secretary of Homeland Security.
- (2) Input solicited from Secretaries of State of the various States and the chief election officials of the States.
- (3) Technical security measures, including auditable paper trails for voting machines, securing wireless and Internet connections, and other technical safeguards.
- (4) Detection of cyber threats, including attacks and attempted attacks by Russian government or nongovernment cyber threat actors.
- (5) Improvements in the identification and attribution of Russian government or nongovernment cyber threat actors.
- (6) Deterrence, including actions and measures that could or should be undertaken against or communicated to the Government of Russia or other entities to deter attacks against, or interference with, United States election systems and processes.
- (7) Improvements in Federal Government communications with State and local election officials.
- (8) Public education and communication efforts.
- (9) Benchmarks and milestones to enable the measurement of concrete steps taken and progress made in the implementation of the strategy.
- (d) Congressional briefing— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Homeland Security shall jointly brief the appropriate congressional committees on the strategy developed under subsection (b).
## Sec. 10505 Assessment of significant Russian influence campaigns directed at foreign elections and referenda — added
- (a) Russian influence campaign defined— In this section, the term Russian influence campaign means any effort, covert or overt, and by any means, attributable to the Russian Federation directed at an election, referendum, or similar process in a country other than the Russian Federation or the United States.
- (b) Assessment required— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing an analytical assessment of the most significant Russian influence campaigns, if any, conducted during the 3-year period preceding the date of the enactment of this Act, as well as the most significant current or planned such Russian influence campaigns, if any. Such assessment shall include—
- (1) a summary of such significant Russian influence campaigns, including, at a minimum, the specific means by which such campaigns were conducted, are being conducted, or likely will be conducted, as appropriate, and the specific goal of each such campaign;
- (2) a summary of any defenses against or responses to such Russian influence campaigns by the foreign state holding the elections or referenda;
- (3) a summary of any relevant activities by elements of the intelligence community undertaken for the purpose of assisting the government of such foreign state in defending against or responding to such Russian influence campaigns; and
- (4) an assessment of the effectiveness of such defenses and responses described in paragraphs (2) and (3).
- (c) Form— The report required by subsection (b) may be submitted in classified form, but if so submitted, shall contain an unclassified summary.
## Sec. 10506 Foreign counterintelligence and cybersecurity threats to Federal election campaigns — added
- (a) Reports required—
- (1) In general— As provided in paragraph (2), for each Federal election, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis and the Director of the Federal Bureau of Investigation, shall make publicly available on an Internet website an advisory report on foreign counterintelligence and cybersecurity threats to election campaigns for Federal offices. Each such report shall include, consistent with the protection of sources and methods, each of the following:
- (A) A description of foreign counterintelligence and cybersecurity threats to election campaigns for Federal offices.
- (B) A summary of best practices that election campaigns for Federal offices can employ in seeking to counter such threats.
- (C) An identification of any publicly available resources, including United States Government resources, for countering such threats.
- (2) Schedule for submittal— A report under this subsection shall be made available as follows:
- (A) In the case of a report regarding an election held for the office of Senator or Member of the House of Representatives during 2018, not later than the date that is 60 days after the date of the enactment of this Act.
- (B) In the case of a report regarding an election for a Federal office during any subsequent year, not later than the date that is 1 year before the date of the election.
- (3) Information to be included— A report under this subsection shall reflect the most current information available to the Director of National Intelligence regarding foreign counterintelligence and cybersecurity threats.
- (b) Treatment of campaigns subject to heightened threats— If the Director of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis jointly determine that an election campaign for Federal office is subject to a heightened foreign counterintelligence or cybersecurity threat, the Director and the Under Secretary, consistent with the protection of sources and methods, may make available additional information to the appropriate representatives of such campaign.
## Sec. 10507 Information sharing with State election officials — added
- (a) State defined— In this section, the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
- (b) Security clearances—
- (1) In general— Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall support the Under Secretary of Homeland Security for Intelligence and Analysis, and any other official of the Department of Homeland Security designated by the Secretary of Homeland Security, in sponsoring a security clearance up to the top secret level for each eligible chief election official of a State or the District of Columbia, and additional eligible designees of such election official as appropriate, at the time that such election official assumes such position.
- (2) Interim clearances— Consistent with applicable policies and directives, the Director of National Intelligence may issue interim clearances, for a period to be determined by the Director, to a chief election official as described in paragraph (1) and up to 1 designee of such official under such paragraph.
- (c) Information sharing—
- (1) In general— The Director of National Intelligence shall assist the Under Secretary of Homeland Security for Intelligence and Analysis and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any appropriate classified information related to threats to election systems and to the integrity of the election process with chief election officials and such designees who have received a security clearance under subsection (b).
- (2) Coordination— The Under Secretary of Homeland Security for Intelligence and Analysis shall coordinate with the Director of National Intelligence and the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department (as specified in section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing of information to the affected Secretaries of State or States.
## Sec. 10508 Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices — added
- (a) Definitions— In this section:
- (1) Active measures campaign— The term active measures campaign means a foreign semi-covert or covert intelligence operation.
- (2) Candidate, election, and political party— The terms candidate, election, and political party have the meanings given those terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).
- (3) Congressional leadership— The term congressional leadership includes the following:
- (A) The majority leader of the Senate.
- (B) The minority leader of the Senate.
- (C) The Speaker of the House of Representatives.
- (D) The minority leader of the House of Representatives.
- (4) Cyber intrusion— The term cyber intrusion means an electronic occurrence that actually or imminently jeopardizes, without lawful authority, electronic election infrastructure, or the integrity, confidentiality, or availability of information within such infrastructure.
- (5) Electronic election infrastructure— The term electronic election infrastructure means an electronic information system of any of the following that is related to an election for Federal office:
- (A) The Federal Government.
- (B) A State or local government.
- (C) A political party.
- (D) The election campaign of a candidate.
- (6) Federal office— The term Federal office has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).
- (7) High confidence— The term high confidence, with respect to a determination, means that the determination is based on high-quality information from multiple sources.
- (8) Moderate confidence— The term moderate confidence, with respect to a determination, means that a determination is credibly sourced and plausible but not of sufficient quality or corroborated sufficiently to warrant a higher level of confidence.
- (9) Other appropriate congressional committees— The term other appropriate congressional committees means—
- (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
- (B) the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
- (b) Determinations of significant foreign cyber intrusions and active measures campaigns— The Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly carry out subsection (c) if such Directors and the Secretary jointly determine—
- (1) that on or after the date of the enactment of this Act, a significant foreign cyber intrusion or active measures campaign intended to influence an upcoming election for any Federal office has occurred or is occurring; and
- (2) with moderate or high confidence, that such intrusion or campaign can be attributed to a foreign state or to a foreign nonstate person, group, or other entity.
- (c) Briefing—
- (1) In general— Not later than 14 days after making a determination under subsection (b), the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security shall jointly provide a briefing to the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the other appropriate congressional committees. The briefing shall be classified and address, at a minimum, the following:
- (A) A description of the significant foreign cyber intrusion or active measures campaign, as the case may be, covered by the determination.
- (B) An identification of the foreign state or foreign nonstate person, group, or other entity, to which such intrusion or campaign has been attributed.
- (C) The desirability and feasibility of the public release of information about the cyber intrusion or active measures campaign.
- (D) Any other information such Directors and the Secretary jointly determine appropriate.
- (2) Electronic election infrastructure briefings— With respect to a significant foreign cyber intrusion covered by a determination under subsection (b), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall offer to the owner or operator of any electronic election infrastructure directly affected by such intrusion, a briefing on such intrusion, including steps that may be taken to mitigate such intrusion. Such briefing may be classified and made available only to individuals with appropriate security clearances.
- (3) Protection of sources and methods— This subsection shall be carried out in a manner that is consistent with the protection of sources and methods.
## Sec. 10509 Designation of counterintelligence officer to lead election security matters — added
- (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.
## Sec. 10601 Definitions — added
- In this title:
- (1) Appropriate congressional committees— The term appropriate congressional committees means—
- (A) the congressional intelligence committees;
- (B) the Committee on Armed Services of the Senate;
- (C) the Committee on Appropriations of the Senate;
- (D) the Committee on Homeland Security and Governmental Affairs of the Senate;
- (E) the Committee on Armed Services of the House of Representatives;
- (F) the Committee on Appropriations of the House of Representatives;
- (G) the Committee on Homeland Security of the House of Representatives; and
- (H) the Committee on Oversight and Reform of the House of Representatives.
- (2) Appropriate industry partners— The term appropriate industry partner means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order 12829 (50 U.S.C. 3161 note; relating to National Industrial Security Program)) that is participating in the National Industrial Security Program established by such Executive Order.
- (3) Continuous vetting— The term continuous vetting has the meaning given such term in Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information).
- (4) Council— The term Council means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive Order, or any successor entity.
- (5) Security Executive Agent— The term Security Executive Agent means the officer serving as the Security Executive Agent pursuant to section 803 of the National Security Act of 1947, as added by section 10605.
- (6) Suitability and Credentialing Executive Agent— The term Suitability and Credentialing Executive Agent means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for government employment, fitness for contractor employees, and eligibility for access to classified national security information), or any successor entity.
## Sec. 10602 Reports and plans relating to security clearances and background investigations — added
- (a) Sense of Congress— It is the sense of Congress that—
- (1) ensuring the trustworthiness and security of the workforce, facilities, and information of the Federal Government is of the highest priority to national security and public safety;
- (2) the President and Congress should prioritize the modernization of the personnel security framework to improve its efficiency, effectiveness, and accountability;
- (3) the current system for security clearance, suitability and fitness for employment, and credentialing lacks efficiencies and capabilities to meet the current threat environment, recruit and retain a trusted workforce, and capitalize on modern technologies; and
- (4) changes to policies or processes to improve this system should be vetted through the Council to ensure standardization, portability, and reciprocity in security clearances across the Federal Government.
- (b) Accountability plans and reports—
- (1) Plans— Not later than 90 days after the date of the enactment of this Act, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners the following:
- (A) A plan, with milestones, to reduce the background investigation inventory to 200,000, or an otherwise sustainable steady-level, by the end of year 2020. Such plan shall include notes of any required changes in investigative and adjudicative standards or resources.
- (B) A plan to consolidate the conduct of background investigations associated with the processing for security clearances in the most effective and efficient manner between the National Background Investigation Bureau and the Defense Security Service, or a successor organization. Such plan shall address required funding, personnel, contracts, information technology, field office structure, policy, governance, schedule, transition costs, and effects on stakeholders.
- (2) Report on the future of personnel security—
- (A) In general— Not later than 180 days after the date of the enactment of this Act, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report on the future of personnel security to reflect changes in threats, the workforce, and technology.
- (B) Contents— The report submitted under subparagraph (A) shall include the following:
- (i) A risk framework for granting and renewing access to classified information.
- (ii) A discussion of the use of technologies to prevent, detect, and monitor threats.
- (iii) A discussion of efforts to address reciprocity and portability.
- (iv) A discussion of the characteristics of effective insider threat programs.
- (v) An analysis of how to integrate data from continuous evaluation, insider threat programs, and human resources data.
- (vi) Recommendations on interagency governance.
- (3) Plan for implementation— Not later than 180 days after the date of the enactment of this Act, the Chairman of the Council, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to implement the report’s framework and recommendations submitted under paragraph (2)(A).
- (4) Congressional notifications— Not less frequently than quarterly, the Security Executive Agent shall make available to the public a report regarding the status of the disposition of requests received from departments and agencies of the Federal Government for a change to, or approval under, the Federal investigative standards, the national adjudicative guidelines, continuous evaluation, or other national policy regarding personnel security.
## Sec. 10603 Improving the process for security clearances — added
- (a) Reviews— Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent, in coordination with the members of the Council, shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that includes the following:
- (1) A review of whether the information requested on the Questionnaire for National Security Positions (Standard Form 86) and by the Federal Investigative Standards prescribed by the Office of Personnel Management and the Office of the Director of National Intelligence appropriately supports the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”). Such review shall include identification of whether any such information currently collected is unnecessary to support the adjudicative guidelines.
- (2) An assessment of whether such Questionnaire, Standards, and guidelines should be revised to account for the prospect of a holder of a security clearance becoming an insider threat.
- (3) Recommendations to improve the background investigation process by—
- (A) simplifying the Questionnaire for National Security Positions (Standard Form 86) and increasing customer support to applicants completing such Questionnaire;
- (B) using remote techniques and centralized locations to support or replace field investigation work;
- (C) using secure and reliable digitization of information obtained during the clearance process;
- (D) building the capacity of the background investigation labor sector; and
- (E) replacing periodic reinvestigations with continuous evaluation techniques in all appropriate circumstances.
- (b) Policy, strategy, and implementation— Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent shall, in coordination with the members of the Council, establish the following:
- (1) A policy and implementation plan for the issuance of interim security clearances.
- (2) A policy and implementation plan to ensure contractors are treated consistently in the security clearance process across agencies and departments of the United States as compared to employees of such agencies and departments. Such policy shall address—
- (A) prioritization of processing security clearances based on the mission the contractors will be performing;
- (B) standardization in the forms that agencies issue to initiate the process for a security clearance;
- (C) digitization of background investigation-related forms;
- (D) use of the polygraph;
- (E) the application of the adjudicative guidelines under Security Executive Agent Directive 4 (known as the “National Security Adjudicative Guidelines”);
- (F) reciprocal recognition of clearances across agencies and departments of the United States, regardless of status of periodic reinvestigation;
- (G) tracking of clearance files as individuals move from employment with an agency or department of the United States to employment in the private sector;
- (H) collection of timelines for movement of contractors across agencies and departments;
- (I) reporting on security incidents and job performance, consistent with section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”), that may affect the ability to hold a security clearance;
- (J) any recommended changes to the Federal Acquisition Regulations (FAR) necessary to ensure that information affecting contractor clearances or suitability is appropriately and expeditiously shared between and among agencies and contractors; and
- (K) portability of contractor security clearances between or among contracts at the same agency and between or among contracts at different agencies that require the same level of clearance.
- (3) A strategy and implementation plan that—
- (A) provides for periodic reinvestigations as part of a security clearance determination only on an as-needed, risk-based basis;
- (B) includes actions to assess the extent to which automated records checks and other continuous evaluation methods may be used to expedite or focus reinvestigations; and
- (C) provides an exception for certain populations if the Security Executive Agent—
- (i) determines such populations require reinvestigations at regular intervals; and
- (ii) provides written justification to the appropriate congressional committees for any such determination.
- (4) A policy and implementation plan for agencies and departments of the United States, as a part of the security clearance process, to accept automated records checks generated pursuant to a security clearance applicant’s employment with a prior employer.
- (5) A policy for the use of certain background materials on individuals collected by the private sector for background investigation purposes.
- (6) Uniform standards for agency continuous evaluation programs to ensure quality and reciprocity in accepting enrollment in a continuous vetting program as a substitute for a periodic investigation for continued access to classified information.
## Sec. 10604 Goals for promptness of determinations regarding security clearances — added
- (a) Reciprocity defined— In this section, the term reciprocity means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information.
- (b) In general— The Council shall reform the security clearance process with the objective that, by December 31, 2021, 90 percent of all determinations, other than determinations regarding populations identified under section 10603(b)(3)(C), regarding—
- (1) security clearances—
- (A) at the secret level are issued in 30 days or fewer; and
- (B) at the top secret level are issued in 90 days or fewer; and
- (2) reciprocity of security clearances at the same level are recognized in 2 weeks or fewer.
- (c) Certain reinvestigations— The Council shall reform the security clearance process with the goal that by December 31, 2021, reinvestigation on a set periodicity is not required for more than 10 percent of the population that holds a security clearance.
- (d) Equivalent metrics—
- (1) In general— If the Council develops a set of performance metrics that it certifies to the appropriate congressional committees should achieve substantially equivalent outcomes as those outlined in subsections (b) and (c), the Council may use those metrics for purposes of compliance within this provision.
- (2) Notice— If the Council uses the authority provided by paragraph (1) to use metrics as described in such paragraph, the Council shall, not later than 30 days after communicating such metrics to departments and agencies, notify the appropriate congressional committees that it is using such authority.
- (e) Plan— Not later than 180 days after the date of the enactment of this Act, the Council shall submit to the appropriate congressional committees and make available to appropriate industry partners a plan to carry out this section. Such plan shall include recommended interim milestones for the goals set forth in subsections (b) and (c) for 2019, 2020, and 2021.
## Sec. 10605 Security Executive Agent — added
- (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:
- “803. Security Executive Agent
- “(a) In general—The Director of National Intelligence, or such other officer of the United States as the President may designate, shall serve as the Security Executive Agent for all departments and agencies of the United States.
- “(b) Duties—The duties of the Security Executive Agent are as follows:
- “(1) To direct the oversight of investigations, reinvestigations, adjudications, and, as applicable, polygraphs for eligibility for access to classified information or eligibility to hold a sensitive position made by any Federal agency.
- “(2) To review the national security background investigation and adjudication programs of Federal agencies to determine whether such programs are being implemented in accordance with this section.
- “(3) To develop and issue uniform and consistent policies and procedures to ensure the effective, efficient, timely, and secure completion of investigations, polygraphs, and adjudications relating to determinations of eligibility for access to classified information or eligibility to hold a sensitive position.
- “(4) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to conduct investigations of persons who are proposed for access to classified information or for eligibility to hold a sensitive position to ascertain whether such persons satisfy the criteria for obtaining and retaining access to classified information or eligibility to hold a sensitive position, as applicable.
- “(5) Unless otherwise designated by law, to serve as the final authority to designate a Federal agency or agencies to determine eligibility for access to classified information or eligibility to hold a sensitive position in accordance with Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information).
- “(6) To ensure reciprocal recognition of eligibility for access to classified information or eligibility to hold a sensitive position among Federal agencies, including acting as the final authority to arbitrate and resolve disputes among such agencies involving the reciprocity of investigations and adjudications of eligibility.
- “(7) To execute all other duties assigned to the Security Executive Agent by law.
- “(c) Authorities—The Security Executive Agent shall—
- “(1) issue guidelines and instructions to the heads of Federal agencies to ensure appropriate uniformity, centralization, efficiency, effectiveness, timeliness, and security in processes relating to determinations by such agencies of eligibility for access to classified information or eligibility to hold a sensitive position, including such matters as investigations, polygraphs, adjudications, and reciprocity;
- “(2) have the authority to grant exceptions to, or waivers of, national security investigative requirements, including issuing implementing or clarifying guidance, as necessary;
- “(3) have the authority to assign, in whole or in part, to the head of any Federal agency (solely or jointly) any of the duties of the Security Executive Agent described in subsection (b) or the authorities described in paragraphs (1) and (2), provided that the exercise of such assigned duties or authorities is subject to the oversight of the Security Executive Agent, including such terms and conditions (including approval by the Security Executive Agent) as the Security Executive Agent determines appropriate; and
- “(4) define and set standards for continuous evaluation for continued access to classified information and for eligibility to hold a sensitive position.”
- (b) Report on recommendations for revising authorities— Not later than 30 days after the date on which the Chairman of the Council submits to the appropriate congressional committees the report required by section 602(b)(2)(A), the Chairman shall submit to the appropriate congressional committees such recommendations as the Chairman may have for revising the authorities of the Security Executive Agent.
- (c) Conforming amendment— Section 103H(j)(4)(A) of such Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking “in section 804” and inserting “in section 805”.
- (d) Clerical amendment— The table of contents in the matter preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking the items relating to sections 803 and 804 and inserting the following:
## Sec. 10606 Report on unified, simplified, Governmentwide standards for positions of trust and security clearances — added
- Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent, in coordination with the other members of the Council, shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a report regarding the advisability and the risks, benefits, and costs to the Government and to industry of consolidating to not more than 3 tiers for positions of trust and security clearances.
## Sec. 10607 Report on clearance in person concept — added
- (a) Sense of congress— It is the sense of Congress that to reflect the greater mobility of the modern workforce, alternative methodologies merit analysis to allow greater flexibility for individuals moving in and out of positions that require access to classified information, while still preserving security.
- (b) Report required— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall submit to the appropriate congressional committees and make available to appropriate industry partners a report that describes the requirements, feasibility, and advisability of implementing a clearance in person concept described in subsection (c).
- (c) Clearance in person concept— The clearance in person concept—
- (1) permits an individual who once held a security clearance to maintain his or her eligibility for access to classified information, networks, and facilities for up to 3 years after the individual’s eligibility for access to classified information would otherwise lapse; and
- (2) recognizes, unless otherwise directed by the Security Executive Agent, an individual’s security clearance and background investigation as current, regardless of employment status, contingent on enrollment in a continuous vetting program.
- (d) Contents— The report required under subsection (b) shall address—
- (1) requirements for an individual to voluntarily remain in a continuous evaluation program validated by the Security Executive Agent even if the individual is not in a position requiring access to classified information;
- (2) appropriate safeguards for privacy;
- (3) advantages to government and industry;
- (4) the costs and savings associated with implementation;
- (5) the risks of such implementation, including security and counterintelligence risks;
- (6) an appropriate funding model; and
- (7) fairness to small companies and independent contractors.
## Sec. 10608 Budget request documentation on funding for background investigations — added
- (a) In general— As part of the fiscal year 2020 budget request submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the President shall include exhibits that identify the resources expended by each agency during the prior fiscal year for processing background investigations and continuous evaluation programs, disaggregated by tier and whether the individual was a Government employee or contractor.
- (b) Contents— Each exhibit submitted under subsection (a) shall include details on—
- (1) the costs of background investigations or reinvestigations;
- (2) the costs associated with background investigations for Government or contract personnel;
- (3) costs associated with continuous evaluation initiatives monitoring for each person for whom a background investigation or reinvestigation was conducted, other than costs associated with adjudication;
- (4) the average per person cost for each type of background investigation; and
- (5) a summary of transfers and reprogrammings that were executed in the previous year to support the processing of security clearances.
## Sec. 10609 Reports on reciprocity for security clearances inside of departments and agencies — added
- (a) Reciprocally recognized defined— In this section, the term reciprocally recognized means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information.
- (b) Reports to Security Executive Agent— The head of each Federal department or agency shall submit an annual report to the Security Executive Agent that—
- (1) identifies the number of individuals whose security clearances take more than 2 weeks to be reciprocally recognized after such individuals move to another part of such department or agency; and
- (2) breaks out the information described in paragraph (1) by type of clearance and the reasons for any delays.
- (c) Annual report— Not less frequently than once each year, the Security Executive Agent shall submit to the appropriate congressional committees and make available to industry partners an annual report that summarizes the information received pursuant to subsection (b) during the period covered by such report.
## Sec. 10610 Intelligence community reports on security clearances — added
- 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.”
- (4) in subsection (c), as redesignated, by striking “subsection (a)(1)” and inserting “subsections (a)(1) and (b)”.
## Sec. 10611 Periodic report on positions in the intelligence community that can be conducted without access to classified information, networks, or facilities — added
- Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report that reviews the intelligence community for which positions can be conducted without access to classified information, networks, or facilities, or may only require a security clearance at the secret level.
## Sec. 10612 Information sharing program for positions of trust and security clearances — added
- (a) Program required—
- (1) In general— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall establish and implement a program to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce.
- (2) Designation— The program established under paragraph (1) shall be known as the “Trusted Information Provider Program” (in this section referred to as the “Program”).
- (b) Privacy safeguards— The Security Executive Agent and the Suitability and Credentialing Executive Agent shall ensure that the Program includes such safeguards for privacy as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate.
- (c) Provision of information to the Federal Government— The Program shall include requirements that enable investigative service providers and agencies of the Federal Government to leverage certain pre-employment information gathered during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy.
- (d) Information and records— The information and records considered under the Program shall include the following:
- (1) Date and place of birth.
- (2) Citizenship or immigration and naturalization information.
- (3) Education records.
- (4) Employment records.
- (5) Employment or social references.
- (6) Military service records.
- (7) State and local law enforcement checks.
- (8) Criminal history checks.
- (9) Financial records or information.
- (10) Foreign travel, relatives, or associations.
- (11) Social media checks.
- (12) Such other information or records as may be relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility.
- (e) Implementation plan—
- (1) In general— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of the Program.
- (2) Elements— The plan required by paragraph (1) shall include the following:
- (A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
- (B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the Program.
- (f) Plan for pilot program on two-way information sharing—
- (1) In general— Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a plan for the implementation of a pilot program to assess the feasibility and advisability of expanding the Program to include the sharing of information held by the Federal Government related to contract personnel with the security office of the employers of those contractor personnel.
- (2) Elements— The plan required by paragraph (1) shall include the following:
- (A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
- (B) Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability and Credentialing Executive Agent consider appropriate to carry out or improve the pilot program.
- (g) Review— Not later than 1 year after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly submit to the appropriate congressional committees and make available to appropriate industry partners a review of the plans submitted under subsections (e)(1) and (f)(1) and utility and effectiveness of the programs described in such plans.
## Sec. 10613 Report on protections for confidentiality of whistleblower-related communications — added
- 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. 10701 Limitation relating to establishment or support of cybersecurity unit with the Russian Federation — added
- (a) Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
- (1) the congressional intelligence committees;
- (2) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
- (3) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
- (b) Limitation—
- (1) In general— No amount may be expended by the Federal Government, other than the Department of Defense, to enter into or implement any bilateral agreement between the United States and the Russian Federation regarding cybersecurity, including the establishment or support of any cybersecurity unit, unless, at least 30 days prior to the conclusion of any such agreement, the Director of National Intelligence submits to the appropriate congressional committees a report on such agreement that includes the elements required by subsection (c).
- (2) Department of Defense agreements— Any agreement between the Department of Defense and the Russian Federation regarding cybersecurity shall be conducted in accordance with section 1232 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as amended by section 1231 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
- (c) Elements— If the Director submits a report under subsection (b) with respect to an agreement, such report shall include a description of each of the following:
- (1) The purpose of the agreement.
- (2) The nature of any intelligence to be shared pursuant to the agreement.
- (3) The expected value to national security resulting from the implementation of the agreement.
- (4) Such counterintelligence concerns associated with the agreement as the Director may have and such measures as the Director expects to be taken to mitigate such concerns.
- (d) Rule of construction— This section shall not be construed to affect any existing authority of the Director of National Intelligence, the Director of the Central Intelligence Agency, or another head of an element of the intelligence community, to share or receive foreign intelligence on a case-by-case basis.
## Sec. 10702 Report on returning Russian compounds — added
- (a) Covered compounds defined— In this section, the term covered compounds means the real property in New York, the real property in Maryland, and the real property in San Francisco, California, that were under the control of the Government of Russia in 2016 and were removed from such control in response to various transgressions by the Government of Russia, including the interference by the Government of Russia in the 2016 election in the United States.
- (b) Requirement for report— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives (only with respect to the unclassified report), a report on the intelligence risks of returning the covered compounds to Russian control.
- (c) Form of report— The report required by this section shall be submitted in classified and unclassified forms.
## Sec. 10703 Assessment of threat finance relating to Russia — added
- (a) Threat finance defined— In this section, the term threat finance means—
- (1) the financing of cyber operations, global influence campaigns, intelligence service activities, proliferation, terrorism, or transnational crime and drug organizations;
- (2) the methods and entities used to spend, store, move, raise, conceal, or launder money or value, on behalf of threat actors;
- (3) sanctions evasion; and
- (4) other forms of threat finance activity domestically or internationally, as defined by the President.
- (b) Report required— Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Assistant Secretary of the Treasury for Intelligence and Analysis, shall submit to the congressional intelligence committees a report containing an assessment of Russian threat finance. The assessment shall be based on intelligence from all sources, including from the Office of Terrorism and Financial Intelligence of the Department of the Treasury.
- (c) Elements— The report required by subsection (b) shall include each of the following:
- (1) A summary of leading examples from the 3-year period preceding the date of the submittal of the report of threat finance activities conducted by, for the benefit of, or at the behest of—
- (A) officials of the Government of Russia;
- (B) persons subject to sanctions under any provision of law imposing sanctions with respect to Russia;
- (C) Russian nationals subject to sanctions under any other provision of law; or
- (D) Russian oligarchs or organized criminals.
- (2) An assessment with respect to any trends or patterns in threat finance activities relating to Russia, including common methods of conducting such activities and global nodes of money laundering used by Russian threat actors described in paragraph (1) and associated entities.
- (3) An assessment of any connections between Russian individuals involved in money laundering and the Government of Russia.
- (4) A summary of engagement and coordination with international partners on threat finance relating to Russia, especially in Europe, including examples of such engagement and coordination.
- (5) An identification of any resource and collection gaps.
- (6) An identification of—
- (A) entry points of money laundering by Russian and associated entities into the United States;
- (B) any vulnerabilities within the United States legal and financial system, including specific sectors, which have been or could be exploited in connection with Russian threat finance activities; and
- (C) the counterintelligence threat posed by Russian money laundering and other forms of threat finance, as well as the threat to the United States financial system and United States efforts to enforce sanctions and combat organized crime.
- (7) Any other matters the Director determines appropriate.
- (d) Form of report— The report required under subsection (b) may be submitted in classified form.
## Sec. 10704 Notification of an active measures campaign — added
- (a) Definitions— In this section:
- (1) Appropriate congressional committees— The term appropriate congressional committees means—
- (A) the congressional intelligence committees;
- (B) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
- (C) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
- (2) Congressional leadership— The term congressional leadership includes the following:
- (A) The majority leader of the Senate.
- (B) The minority leader of the Senate.
- (C) The Speaker of the House of Representatives.
- (D) The minority leader of the House of Representatives.
- (b) Requirement for notification— The Director of National Intelligence, in cooperation with the Director of the Federal Bureau of Investigation and the head of any other relevant agency, shall notify the congressional leadership and the Chairman and Vice Chairman or Ranking Member of each of the appropriate congressional committees, and of other relevant committees of jurisdiction, each time the Director of National Intelligence determines there is credible information that a foreign power has, is, or will attempt to employ a covert influence or active measures campaign with regard to the modernization, employment, doctrine, or force posture of the nuclear deterrent or missile defense.
- (c) Content of notification— Each notification required by subsection (b) shall include information concerning actions taken by the United States to expose or halt an attempt referred to in subsection (b).
## Sec. 10705 Notification of travel by accredited diplomatic and consular personnel of the Russian Federation in the United States — added
- In carrying out the advance notification requirements set out in section 502 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31; 131 Stat. 825; 22 U.S.C. 254a note), the Secretary of State shall—
- (1) ensure that the Russian Federation provides notification to the Secretary of State at least 2 business days in advance of all travel that is subject to such requirements by accredited diplomatic and consular personnel of the Russian Federation in the United States, and take necessary action to secure full compliance by Russian personnel and address any noncompliance; and
- (2) provide notice of travel described in paragraph (1) to the Director of National Intelligence and the Director of the Federal Bureau of Investigation within 1 hour of receiving notice of such travel.
## Sec. 10706 Report on outreach strategy addressing threats from United States adversaries to the United States technology sector — added
- (a) Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
- (1) the congressional intelligence committees;
- (2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
- (3) the Committee on Armed Services, Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives.
- (b) Report required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report detailing outreach by the intelligence community and the Defense Intelligence Enterprise to United States industrial, commercial, scientific, technical, and academic communities on matters relating to the efforts of adversaries of the United States to acquire critical United States technology, intellectual property, and research and development information.
- (c) Contents— The report required by subsection (b) shall include the following:
- (1) A review of the current outreach efforts of the intelligence community and the Defense Intelligence Enterprise described in subsection (b), including the type of information conveyed in the outreach.
- (2) A determination of the appropriate element of the intelligence community to lead such outreach efforts.
- (3) An assessment of potential methods for improving the effectiveness of such outreach, including an assessment of the following:
- (A) Those critical technologies, infrastructure, or related supply chains that are at risk from the efforts of adversaries described in subsection (b).
- (B) The necessity and advisability of granting security clearances to company or community leadership, when necessary and appropriate, to allow for tailored classified briefings on specific targeted threats.
- (C) The advisability of partnering with entities of the Federal Government that are not elements of the intelligence community and relevant regulatory and industry groups described in subsection (b), to convey key messages across sectors targeted by United States adversaries.
- (D) Strategies to assist affected elements of the communities described in subparagraph (C) in mitigating, deterring, and protecting against the broad range of threats from the efforts of adversaries described in subsection (b), with focus on producing information that enables private entities to justify business decisions related to national security concerns.
- (E) The advisability of the establishment of a United States Government-wide task force to coordinate outreach and activities to combat the threats from efforts of adversaries described in subsection (b).
- (F) Such other matters as the Director of National Intelligence may consider necessary.
- (d) Consultation encouraged— In preparing the report required by subsection (b), the Director is encouraged to consult with other government agencies, think tanks, academia, representatives of the financial industry, or such other entities as the Director considers appropriate.
- (e) Form— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex as necessary.
## Sec. 10707 Report on Iranian support of proxy forces in Syria and Lebanon — added
- (a) Definitions— In this section:
- (1) Appropriate committees of Congress— The term appropriate committees of Congress means—
- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
- (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
- (2) Arms or related material— The term arms or related material means—
- (A) nuclear, biological, chemical, or radiological weapons or materials or components of such weapons;
- (B) ballistic or cruise missile weapons or materials or components of such weapons;
- (C) destabilizing numbers and types of advanced conventional weapons;
- (D) defense articles or defense services, as those terms are defined in paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act (22 U.S.C. 2794);
- (E) defense information, as that term is defined in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); or
- (F) items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
- (b) Report required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on Iranian support of proxy forces in Syria and Lebanon and the threat posed to Israel, other United States regional allies, and other specified interests of the United States as a result of such support.
- (c) Matters for inclusion— The report required under subsection (b) shall include information relating to the following matters with respect to both the strategic and tactical implications for the United States and its allies:
- (1) A description of arms or related materiel transferred by Iran to Hizballah since March 2011, including the number of such arms or related materiel and whether such transfer was by land, sea, or air, as well as financial and additional technological capabilities transferred by Iran to Hizballah.
- (2) A description of Iranian and Iranian-controlled personnel, including Hizballah, Shiite militias, and Iran’s Revolutionary Guard Corps forces, operating within Syria, including the number and geographic distribution of such personnel operating within 30 kilometers of the Israeli borders with Syria and Lebanon.
- (3) An assessment of Hizballah’s operational lessons learned based on its recent experiences in Syria.
- (4) A description of any rocket-producing facilities in Lebanon for nonstate actors, including whether such facilities were assessed to be built at the direction of Hizballah leadership, Iranian leadership, or in consultation between Iranian leadership and Hizballah leadership.
- (5) An analysis of the foreign and domestic supply chains that significantly facilitate, support, or otherwise aid Hizballah’s acquisition or development of missile production facilities, including the geographic distribution of such foreign and domestic supply chains.
- (6) An assessment of the provision of goods, services, or technology transferred by Iran or its affiliates to Hizballah to indigenously manufacture or otherwise produce missiles.
- (7) An identification of foreign persons that are based on credible information, facilitating the transfer of significant financial support or arms or related materiel to Hizballah.
- (8) A description of the threat posed to Israel and other United States allies in the Middle East by the transfer of arms or related material or other support offered to Hizballah and other proxies from Iran.
- (d) Form of report— The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
## Sec. 10708 Annual report on Iranian expenditures supporting foreign military and terrorist activities — added
- (a) Annual report required— Not later than 90 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Director of National Intelligence shall submit to Congress a report describing Iranian expenditures in the previous calendar year on military and terrorist activities outside the country, including each of the following:
- (1) The amount spent in such calendar year on activities by the Islamic Revolutionary Guard Corps, including activities providing support for—
- (A) Hizballah;
- (B) Houthi rebels in Yemen;
- (C) Hamas;
- (D) proxy forces in Iraq and Syria; or
- (E) any other entity or country the Director determines to be relevant.
- (2) The amount spent in such calendar year for ballistic missile research and testing or other activities that the Director determines are destabilizing to the Middle East region.
- (b) Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
## Sec. 10709 Expansion of scope of committee to counter active measures and report on establishment of Foreign Malign Influence Center — added
- (a) Scope of committee to counter active measures—
- (1) In general— Section 501 of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115–31; 50 U.S.C. 3001 note) is amended—
- (A) in subsections (a) through (h)—
- (i) by inserting “, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or other nation state” after “Russian Federation” each place it appears; and
- (ii) by inserting “, China, Iran, North Korea, or other nation state” after “Russia” each place it appears; and
- (B) in the section heading, by inserting “, the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or other nation state” after “Russian Federation”.
- (2) Clerical amendment— The table of contents in section 1(b) of such Act is amended by striking the item relating to section 501 and inserting the following new item:
- (b) Report required—
- (1) In general— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with such elements of the intelligence community as the Director considers relevant, shall submit to the congressional intelligence committees a report on the feasibility and advisability of establishing a center, to be known as the “Foreign Malign Influence Response Center”, that—
- (A) is comprised of analysts from all appropriate elements of the intelligence community, including elements with related diplomatic and law enforcement functions;
- (B) has access to all intelligence and other reporting acquired by the United States Government on foreign efforts to influence, through overt and covert malign activities, United States political processes and elections;
- (C) provides comprehensive assessment, and indications and warning, of such activities; and
- (D) provides for enhanced dissemination of such assessment to United States policy makers.
- (2) Contents— The Report required by paragraph (1) shall include the following:
- (A) A discussion of the desirability of the establishment of such center and any barriers to such establishment.
- (B) Such recommendations and other matters as the Director considers appropriate.
## Sec. 10711 Technical correction to Inspector General study — added
- Section 11001(d) of title 5, United States Code, is amended—
- (1) in the subsection heading, by striking “Audit” and inserting “Review”;
- (2) in paragraph (1), by striking “audit” and inserting “review”; and
- (3) in paragraph (2), by striking “audit” and inserting “review”.
## Sec. 10712 Reports on authorities of the Chief Intelligence Officer of the Department of Homeland Security — added
- (a) Definitions— In this section:
- (1) Appropriate committees of Congress— The term appropriate committees of Congress means—
- (A) the congressional intelligence committees;
- (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
- (C) the Committee on Homeland Security of the House of Representatives.
- (2) Homeland Security Intelligence Enterprise— The term Homeland Security Intelligence Enterprise has the meaning given such term in Department of Homeland Security Instruction Number 264–01–001, or successor authority.
- (b) Report required— Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Under Secretary of Homeland Security for Intelligence and Analysis, shall submit to the appropriate committees of Congress a report on the authorities of the Under Secretary.
- (c) Elements— The report required by subsection (b) shall include each of the following:
- (1) An analysis of whether the Under Secretary has the legal and policy authority necessary to organize and lead the Homeland Security Intelligence Enterprise, with respect to intelligence, and, if not, a description of—
- (A) the obstacles to exercising the authorities of the Chief Intelligence Officer of the Department and the Homeland Security Intelligence Council, of which the Chief Intelligence Officer is the chair; and
- (B) the legal and policy changes necessary to effectively coordinate, organize, and lead intelligence activities of the Department of Homeland Security.
- (2) A description of the actions that the Secretary has taken to address the inability of the Under Secretary to require components of the Department, other than the Office of Intelligence and Analysis of the Department to—
- (A) coordinate intelligence programs; and
- (B) integrate and standardize intelligence products produced by such other components.
## Sec. 10713 Report on cyber exchange program — added
- (a) Report— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the potential establishment of a fully voluntary exchange program between elements of the intelligence community and private technology companies under which—
- (1) an employee of an element of the intelligence community with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to a private technology company that has elected to receive the detailee; and
- (2) an employee of a private technology company with demonstrated expertise and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to an element of the intelligence community that has elected to receive the detailee.
- (b) Elements— The report under subsection (a) shall include the following:
- (1) An assessment of the feasibility of establishing the exchange program described in such subsection.
- (2) Identification of any challenges in establishing the exchange program.
- (3) An evaluation of the benefits to the intelligence community that would result from the exchange program.
## Sec. 10714 Review of intelligence community whistleblower matters — added
- (a) Review of whistleblower matters— The Inspector General of the Intelligence Community, in consultation with the inspectors general for the Central Intelligence Agency, the National Security Agency, the National Geospatial-Intelligence Agency, the Defense Intelligence Agency, and the National Reconnaissance Office, shall conduct a review of the authorities, policies, investigatory standards, and other practices and procedures relating to intelligence community whistleblower matters, with respect to such inspectors general.
- (b) Objective of review— The objective of the review required under subsection (a) is to identify any discrepancies, inconsistencies, or other issues, which frustrate the timely and effective reporting of intelligence community whistleblower matters to appropriate inspectors general and to the congressional intelligence committees, and the fair and expeditious investigation and resolution of such matters.
- (c) Conduct of review— The Inspector General of the Intelligence Community shall take such measures as the Inspector General determines necessary in order to ensure that the review required by subsection (a) is conducted in an independent and objective fashion.
- (d) Report— Not later than 270 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a written report containing the results of the review required under subsection (a), along with recommendations to improve the timely and effective reporting of intelligence community whistleblower matters to inspectors general and to the congressional intelligence committees and the fair and expeditious investigation and resolution of such matters.
## Sec. 10715 Report on role of Director of National Intelligence with respect to certain foreign investments — added
- (a) Report— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the congressional intelligence committees a report on the role of the Director in preparing analytic materials in connection with the evaluation by the Federal Government of national security risks associated with potential foreign investments into the United States.
- (b) Elements— The report under subsection (a) shall include—
- (1) a description of the current process for the provision of the analytic materials described in subsection (a);
- (2) an identification of the most significant benefits and drawbacks of such process with respect to the role of the Director, including the sufficiency of resources and personnel to prepare such materials; and
- (3) recommendations to improve such process.
## Sec. 10716 Report on surveillance by foreign governments against United States telecommunications networks — added
- (a) Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
- (1) The congressional intelligence committees.
- (2) The Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate.
- (3) The Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives.
- (b) Report— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the Secretary of Homeland Security, submit to the appropriate congressional committees a report describing—
- (1) any attempts known to the intelligence community by foreign governments to exploit cybersecurity vulnerabilities in United States telecommunications networks (including Signaling System No. 7) to target for surveillance United States persons, including employees of the Federal Government; and
- (2) any actions, as of the date of the enactment of this Act, taken by the intelligence community to protect agencies and personnel of the United States Government from surveillance conducted by foreign governments.
## Sec. 10717 Biennial report on foreign investment risks — added
- (a) Intelligence community interagency working group—
- (1) Requirement to establish— The Director of National Intelligence shall establish an intelligence community interagency working group to prepare the biennial reports required by subsection (b).
- (2) Chairperson— The Director of National Intelligence shall serve as the chairperson of such interagency working group.
- (3) Membership— Such interagency working group shall be composed of representatives of each element of the intelligence community that the Director of National Intelligence determines appropriate.
- (b) Biennial report on foreign investment risks—
- (1) Report required— Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 2 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on foreign investment risks prepared by the interagency working group established under subsection (a).
- (2) Elements— Each report required by paragraph (1) shall include identification, analysis, and explanation of the following:
- (A) Any current or projected major threats to the national security of the United States with respect to foreign investment.
- (B) Any strategy used by a foreign country that such interagency working group has identified to be a country of special concern to use foreign investment to target the acquisition of critical technologies, critical materials, or critical infrastructure.
- (C) Any economic espionage efforts directed at the United States by a foreign country, particularly such a country of special concern.
## Sec. 10718 Modification of certain reporting requirement on travel of foreign diplomats — added
- Section 502(d)(2) of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115–31) is amended by striking “the number” and inserting “a best estimate”.
## Sec. 10719 Semiannual reports on investigations of unauthorized disclosures of classified information — added
- (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:
- “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. 10720 Congressional notification of designation of covered intelligence officer as persona non grata — added
- (a) Covered intelligence officer defined— In this section, the term covered intelligence officer means—
- (1) a United States intelligence officer serving in a post in a foreign country; or
- (2) a known or suspected foreign intelligence officer serving in a United States post.
- (b) Requirement for reports— Not later than 72 hours after a covered intelligence officer is designated as a persona non grata, the Director of National Intelligence, in consultation with the Secretary of State, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification of that designation. Each such notification shall include—
- (1) the date of the designation;
- (2) the basis for the designation; and
- (3) a justification for the expulsion.
## Sec. 10721 Reports on intelligence community participation in vulnerabilities equities process of Federal Government — added
- (a) Definitions— In this section:
- (1) Vulnerabilities Equities Policy and Process document— The term Vulnerabilities Equities Policy and Process document means the executive branch document entitled “Vulnerabilities Equities Policy and Process” dated November 15, 2017.
- (2) Vulnerabilities Equities Process— The term Vulnerabilities Equities Process means the interagency review of vulnerabilities, pursuant to the Vulnerabilities Equities Policy and Process document or any successor document.
- (3) Vulnerability— The term vulnerability means a weakness in an information system or its components (for example, system security procedures, hardware design, and internal controls) that could be exploited or could affect confidentiality, integrity, or availability of information.
- (b) Reports on process and criteria under Vulnerabilities Equities Policy and Process—
- (1) In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a written report describing—
- (A) with respect to each element of the intelligence community—
- (i) the title of the official or officials responsible for determining whether, pursuant to criteria contained in the Vulnerabilities Equities Policy and Process document or any successor document, a vulnerability must be submitted for review under the Vulnerabilities Equities Process; and
- (ii) the process used by such element to make such determination; and
- (B) the roles or responsibilities of that element during a review of a vulnerability submitted to the Vulnerabilities Equities Process.
- (2) Changes to process or criteria— Not later than 30 days after any significant change is made to the process and criteria used by any element of the intelligence community for determining whether to submit a vulnerability for review under the Vulnerabilities Equities Process, such element shall submit to the congressional intelligence committees a report describing such change.
- (3) Form of reports— Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.
- (c) Annual reports—
- (1) In general— Not less frequently than once each calendar year, the Director of National Intelligence shall submit to the congressional intelligence committees a classified report containing, with respect to the previous year—
- (A) the number of vulnerabilities submitted for review under the Vulnerabilities Equities Process;
- (B) the number of vulnerabilities described in subparagraph (A) disclosed to each vendor responsible for correcting the vulnerability, or to the public, pursuant to the Vulnerabilities Equities Process; and
- (C) the aggregate number, by category, of the vulnerabilities excluded from review under the Vulnerabilities Equities Process, as described in paragraph 5.4 of the Vulnerabilities Equities Policy and Process document.
- (2) Unclassified information— Each report submitted under paragraph (1) shall include an unclassified appendix that contains—
- (A) the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process; and
- (B) the aggregate number of vulnerabilities disclosed to vendors or the public pursuant to the Vulnerabilities Equities Process known to have been patched.
- (3) Non-duplication— The Director of National Intelligence may forgo submission of an annual report required under this subsection for a calendar year, if the Director notifies the intelligence committees in writing that, with respect to the same calendar year, an annual report required by paragraph 4.3 of the Vulnerabilities Equities Policy and Process document already has been submitted to Congress, and such annual report contains the information that would otherwise be required to be included in an annual report under this subsection.
## Sec. 10722 Inspectors General reports on classification — added
- (a) Reports required— Not later than October 1, 2019, each Inspector General listed in subsection (b) shall submit to the congressional intelligence committees a report that includes, with respect to the department or agency of the Inspector General, analyses of the following:
- (1) The accuracy of the application of classification and handling markers on a representative sample of finished reports, including such reports that are compartmented.
- (2) Compliance with declassification procedures.
- (3) The effectiveness of processes for identifying topics of public or historical importance that merit prioritization for a declassification review.
- (b) Inspectors General listed— The Inspectors General listed in this subsection are as follows:
- (1) The Inspector General of the Intelligence Community.
- (2) The Inspector General of the Central Intelligence Agency.
- (3) The Inspector General of the National Security Agency.
- (4) The Inspector General of the Defense Intelligence Agency.
- (5) The Inspector General of the National Reconnaissance Office.
- (6) The Inspector General of the National Geospatial-Intelligence Agency.
## Sec. 10723 Reports on global water insecurity and national security implications and briefing on emerging infectious disease and pandemics — added
- (a) Reports on global water insecurity and national security implications—
- (1) Reports required— Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 5 years thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the implications of water insecurity on the national security interest of the United States, including consideration of social, economic, agricultural, and environmental factors.
- (2) Assessment scope and focus— Each report submitted under paragraph (1) shall include an assessment of water insecurity described in such subsection with a global scope, but focus on areas of the world—
- (A) of strategic, economic, or humanitarian interest to the United States—
- (i) that are, as of the date of the report, at the greatest risk of instability, conflict, human insecurity, or mass displacement; or
- (ii) where challenges relating to water insecurity are likely to emerge and become significant during the 5-year or the 20-year period beginning on the date of the report; and
- (B) where challenges relating to water insecurity are likely to imperil the national security interests of the United States or allies of the United States.
- (3) Consultation— In researching a report required by paragraph (1), the Director shall consult with—
- (A) such stakeholders within the intelligence community, the Department of Defense, and the Department of State as the Director considers appropriate; and
- (B) such additional Federal agencies and persons in the private sector as the Director considers appropriate.
- (4) Form— Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
- (b) Briefing on emerging infectious disease and pandemics—
- (1) Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means—
- (A) the congressional intelligence committees;
- (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
- (C) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
- (2) Briefing— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the appropriate congressional committees a briefing on the anticipated geopolitical effects of emerging infectious disease (including deliberate, accidental, and naturally occurring infectious disease threats) and pandemics, and their implications on the national security of the United States.
- (3) Content— The briefing under paragraph (2) shall include an assessment of—
- (A) the economic, social, political, and security risks, costs, and impacts of emerging infectious diseases on the United States and the international political and economic system;
- (B) the economic, social, political, and security risks, costs, and impacts of a major transnational pandemic on the United States and the international political and economic system; and
- (C) contributing trends and factors to the matters assessed under subparagraphs (A) and (B).
- (4) Examination of response capacity— In examining the risks, costs, and impacts of emerging infectious disease and a possible transnational pandemic under paragraph (3), the Director of National Intelligence shall also examine in the briefing under paragraph (2) the response capacity within affected countries and the international system. In considering response capacity, the Director shall include—
- (A) the ability of affected nations to effectively detect and manage emerging infectious diseases and a possible transnational pandemic;
- (B) the role and capacity of international organizations and nongovernmental organizations to respond to emerging infectious disease and a possible pandemic, and their ability to coordinate with affected and donor nations; and
- (C) the effectiveness of current international frameworks, agreements, and health systems to respond to emerging infectious diseases and a possible transnational pandemic.
- (5) Form— The briefing under paragraph (2) may be classified.
## Sec. 10724 Annual report on memoranda of understanding between elements of intelligence community and other entities of the United States Government regarding significant operational activities or policy — added
- Section 311 of the Intelligence Authorization Act for Fiscal Year 2017 (50 U.S.C. 3313) is amended—
- (1) by redesignating subsection (b) as subsection (c); and
- (2) by striking subsection (a) and inserting the following:
- “(a) In general—Each year, concurrent with the annual budget request submitted by the President to Congress under section 1105 of title 31, United States Code, each head of an element of the intelligence community shall submit to the congressional intelligence committees a report that lists each memorandum of understanding or other agreement regarding significant operational activities or policy entered into during the most recently completed fiscal year between or among such element and any other entity of the United States Government.
- “(b) Provision of documents—Each head of an element of an intelligence community who receives a request from the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a memorandum of understanding or other document listed in a report submitted by the head under subsection (a) shall submit to such committee the requested copy as soon as practicable after receiving such request.”
## Sec. 10725 Study on the feasibility of encrypting unclassified wireline and wireless telephone calls — added
- (a) Study required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall complete a study on the feasibility of encrypting unclassified wireline and wireless telephone calls between personnel in the intelligence community.
- (b) Report— Not later than 90 days after the date on which the Director completes the study required by subsection (a), the Director shall submit to the congressional intelligence committees a report on the Director's findings with respect to such study.
## Sec. 10726 Modification of requirement for annual report on hiring and retention of minority employees — added
- (a) Expansion of period of report— Subsection (a) of section 114 of the National Security Act of 1947 (50 U.S.C. 3050) is amended by inserting “and the preceding 5 fiscal years” after “fiscal year”.
- (b) Clarification on disaggregation of data— Subsection (b) of such section is amended, in the matter before paragraph (1), by striking “disaggregated data by category of covered person from each element of the intelligence community” and inserting “data, disaggregated by category of covered person and by element of the intelligence community,”.
## Sec. 10727 Reports on intelligence community loan repayment and related programs — added
- (a) Sense of Congress— It is the sense of Congress that—
- (1) there should be established, through the issuing of an Intelligence Community Directive or otherwise, an intelligence community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, for employees of the intelligence community;
- (2) creating such a program would enhance the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions;
- (3) such a program, including with respect to eligibility requirements, should be designed so as to maximize the ability of the elements of the intelligence community to recruit, hire, and retain highly qualified personnel, including with respect to mission-critical and hard-to-fill positions; and
- (4) to the extent possible, such a program should be uniform throughout the intelligence community and publicly promoted by each element of the intelligence community to both current employees of the element as well as to prospective employees of the element.
- (b) Report on potential intelligence community-wide program—
- (1) In general— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in cooperation with the heads of the elements of the intelligence community and the heads of any other appropriate department or agency of the Federal Government, shall submit to the congressional intelligence committees a report on potentially establishing and carrying out an intelligence community-wide program for student loan repayment, student loan forgiveness, financial counseling, and related matters, as described in subsection (a).
- (2) Matters included— The report under paragraph (1) shall include, at a minimum, the following:
- (A) A description of the financial resources that the elements of the intelligence community would require to establish and initially carry out the program specified in paragraph (1).
- (B) A description of the practical steps to establish and carry out such a program.
- (C) The identification of any legislative action the Director determines necessary to establish and carry out such a program.
- (c) Annual reports on established programs—
- (1) Covered programs defined— In this subsection, the term covered programs means any loan repayment program, loan forgiveness program, financial counseling program, or similar program, established pursuant to title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other provision of law that may be administered or used by an element of the intelligence community.
- (2) Annual reports required— Not less frequently than once each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the covered programs. Each such report shall include, with respect to the period covered by the report, the following:
- (A) The number of personnel from each element of the intelligence community who used each covered program.
- (B) The total amount of funds each element expended for each such program.
- (C) A description of the efforts made by each element to promote each covered program pursuant to both the personnel of the element of the intelligence community and to prospective personnel.
## Sec. 10728 Repeal of certain reporting requirements — added
- (a) Correcting long-standing material weaknesses— Section 368 of the Intelligence Authorization Act for Fiscal Year 2010 (Public Law 110–259; 50 U.S.C. 3051 note) is hereby repealed.
- (b) Interagency threat assessment and coordination group— Section 210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended—
- (1) by striking subsection (c); and
- (2) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively; and
- (3) in subsection (c), as so redesignated—
- (A) in paragraph (8), by striking “; and” and inserting a period; and
- (B) by striking paragraph (9).
- (c) Inspector General report— Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
- (1) by striking subsection (g); and
- (2) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively.
## Sec. 10729 Inspector General of the Intelligence Community report on senior executives of the Office of the Director of National Intelligence — added
- (a) Senior Executive Service position defined— In this section, the term Senior Executive Service position has the meaning given that term in section 3132(a)(2) of title 5, United States Code, and includes any position above the GS–15, step 10, level of the General Schedule under section 5332 of such title.
- (b) Report— Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report on the number of Senior Executive Service positions in the Office of the Director of National Intelligence.
- (c) Matters included— The report under subsection (b) shall include the following:
- (1) The number of required Senior Executive Service positions for the Office of the Director of National Intelligence.
- (2) Whether such requirements are reasonably based on the mission of the Office.
- (3) A discussion of how the number of the Senior Executive Service positions in the Office compare to the number of senior positions at comparable organizations.
- (d) Cooperation— The Director of National Intelligence shall provide to the Inspector General of the Intelligence Community any information requested by the Inspector General of the Intelligence Community that is necessary to carry out this section by not later than 14 calendar days after the date on which the Inspector General of the Intelligence Community makes such request.
## Sec. 10730 Briefing on Federal Bureau of Investigation offering permanent residence to sources and cooperators — added
- Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees a briefing on the ability of the Federal Bureau of Investigation to offer, as an inducement to assisting the Bureau, permanent residence within the United States to foreign individuals who are sources or cooperators in counterintelligence or other national security-related investigations. The briefing shall address the following:
- (1) The extent to which the Bureau may make such offers, whether independently or in conjunction with other agencies and departments of the United States Government, including a discussion of the authorities provided by section 101(a)(15)(S) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)), section 7 of the Central Intelligence Agency Act (50 U.S.C. 3508), and any other provision of law under which the Bureau may make such offers.
- (2) An overview of the policies and operational practices of the Bureau with respect to making such offers.
- (3) The sufficiency of such policies and practices with respect to inducing individuals to cooperate with, serve as sources for such investigations, or both.
- (4) Whether the Director recommends any legislative actions to improve such policies and practices, particularly with respect to the counterintelligence efforts of the Bureau.
## Sec. 10731 Intelligence assessment of North Korea revenue sources — added
- (a) Assessment required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Assistant Secretary of State for Intelligence and Research and the Assistant Secretary of the Treasury for Intelligence and Analysis, shall produce an intelligence assessment of the revenue sources of the North Korean regime. Such assessment shall include revenue from the following sources:
- (1) Trade in coal, iron, and iron ore.
- (2) The provision of fishing rights to North Korean territorial waters.
- (3) Trade in gold, titanium ore, vanadium ore, copper, silver, nickel, zinc, or rare earth minerals, and other stores of value.
- (4) Trade in textiles.
- (5) Sales of conventional defense articles and services.
- (6) Sales of controlled goods, ballistic missiles, and other associated items.
- (7) Other types of manufacturing for export, as the Director of National Intelligence considers appropriate.
- (8) The exportation of workers from North Korea in a manner intended to generate significant revenue, directly or indirectly, for use by the government of North Korea.
- (9) The provision of nonhumanitarian goods (such as food, medicine, and medical devices) and services by other countries.
- (10) The provision of services, including banking and other support, including by entities located in the Russian Federation, China, and Iran.
- (11) Online commercial activities of the Government of North Korea, including online gambling.
- (12) Criminal activities, including cyber-enabled crime and counterfeit goods.
- (b) Elements— The assessment required under subsection (a) shall include an identification of each of the following:
- (1) The sources of North Korea’s funding.
- (2) Financial and non-financial networks, including supply chain management, transportation, and facilitation, through which North Korea accesses the United States and international financial systems and repatriates and exports capital, goods, and services; and
- (3) the global financial institutions, money services business, and payment systems that assist North Korea with financial transactions.
- (c) Submittal to congress— Upon completion of the assessment required under subsection (a), the Director of National Intelligence shall submit to the congressional intelligence committees a copy of such assessment.
## Sec. 10732 Report on possible exploitation of virtual currencies by terrorist actors — added
- (a) Short title— This section may be cited as the “Stop Terrorist Use of Virtual Currencies Act”.
- (b) Report— Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of the Treasury, shall submit to Congress a report on the possible exploitation of virtual currencies by terrorist actors. Such report shall include the following elements:
- (1) An assessment of the means and methods by which international terrorist organizations and State sponsors of terrorism use virtual currencies.
- (2) An assessment of the use by terrorist organizations and State sponsors of terrorism of virtual currencies compared to the use by such organizations and States of other forms of financing to support operations, including an assessment of the collection posture of the intelligence community on the use of virtual currencies by such organizations and States.
- (3) A description of any existing legal impediments that inhibit or prevent the intelligence community from collecting information on or helping prevent the use of virtual currencies by international terrorist organizations and State sponsors of terrorism and an identification of any gaps in existing law that could be exploited for illicit funding by such organizations and States.
- (c) Form of report— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
## Sec. 10741 Public Interest Declassification Board — added
- Section 710(b) of the Public Interest Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 3161 note) is amended by striking “December 31, 2018” and inserting “December 31, 2028”.
## Sec. 10742 Securing energy infrastructure — added
- (a) Definitions— In this section:
- (1) Appropriate congressional committees— The term appropriate congressional committees means—
- (A) the congressional intelligence committees;
- (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate; and
- (C) the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.
- (2) Covered entity— The term covered entity means an entity identified pursuant to section 9(a) of Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security.
- (3) Exploit— The term exploit means a software tool designed to take advantage of a security vulnerability.
- (4) Industrial control system— The term industrial control system means an operational technology used to measure, control, or manage industrial functions, and includes supervisory control and data acquisition systems, distributed control systems, and programmable logic or embedded controllers.
- (5) National Laboratory— The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
- (6) Program— The term Program means the pilot program established under subsection (b).
- (7) Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of Energy.
- (8) Security vulnerability— The term security vulnerability means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control.
- (b) Pilot program for securing energy infrastructure— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a 2-year control systems implementation pilot program within the National Laboratories for the purposes of—
- (1) partnering with covered entities in the energy sector (including critical component manufacturers in the supply chain) that voluntarily participate in the Program to identify new classes of security vulnerabilities of the covered entities; and
- (2) evaluating technology and standards, in partnership with covered entities, to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities, including—
- (A) analog and nondigital control systems;
- (B) purpose-built control systems; and
- (C) physical controls.
- (c) Working group to evaluate program standards and develop strategy—
- (1) Establishment— The Secretary shall establish a working group—
- (A) to evaluate the technology and standards used in the Program under subsection (b)(2); and
- (B) to develop a national cyber-informed engineering strategy to isolate and defend covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities.
- (2) Membership— The working group established under paragraph (1) shall be composed of not fewer than 10 members, to be appointed by the Secretary, at least 1 member of which shall represent each of the following:
- (A) The Department of Energy.
- (B) The energy industry, including electric utilities and manufacturers recommended by the Energy Sector coordinating councils.
- (C)
- (i) The Department of Homeland Security; or
- (ii) the Industrial Control Systems Cyber Emergency Response Team.
- (D) The North American Electric Reliability Corporation.
- (E) The Nuclear Regulatory Commission.
- (F)
- (i) The Office of the Director of National Intelligence; or
- (ii) the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
- (G)
- (i) The Department of Defense; or
- (ii) the Assistant Secretary of Defense for Homeland Security and America's Security Affairs.
- (H) A State or regional energy agency.
- (I) A national research body or academic institution.
- (J) The National Laboratories.
- (d) Reports on the Program—
- (1) Interim report— Not later than 180 days after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate congressional committees an interim report that—
- (A) describes the results of the Program;
- (B) includes an analysis of the feasibility of each method studied under the Program; and
- (C) describes the results of the evaluations conducted by the working group established under subsection (c)(1).
- (2) Final report— Not later than 2 years after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate congressional committees a final report that—
- (A) describes the results of the Program;
- (B) includes an analysis of the feasibility of each method studied under the Program; and
- (C) describes the results of the evaluations conducted by the working group established under subsection (c)(1).
- (e) Exemption from disclosure— Information shared by or with the Federal Government or a State, Tribal, or local government under this section—
- (1) shall be deemed to be voluntarily shared information;
- (2) shall be exempt from disclosure under section 552 of title 5, United States Code, or any provision of any State, Tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records; and
- (3) shall be withheld from the public, without discretion, under section 552(b)(3) of title 5, United States Code, and any provision of any State, Tribal, or local law requiring the disclosure of information or records.
- (f) Protection from liability—
- (1) In general— A cause of action against a covered entity for engaging in the voluntary activities authorized under subsection (b)—
- (A) shall not lie or be maintained in any court; and
- (B) shall be promptly dismissed by the applicable court.
- (2) Voluntary activities— Nothing in this section subjects any covered entity to liability for not engaging in the voluntary activities authorized under subsection (b).
- (g) No new regulatory authority for Federal agencies— Nothing in this section authorizes the Secretary or the head of any other department or agency of the Federal Government to issue new regulations.
- (h) Authorization of appropriations—
- (1) Pilot Program— There is authorized to be appropriated $10,000,000 to carry out subsection (b).
- (2) Working Group and Report— There is authorized to be appropriated $1,500,000 to carry out subsections (c) and (d).
- (3) Availability— Amounts made available under paragraphs (1) and (2) shall remain available until expended.
## Sec. 10743 Bug bounty programs — added
- (a) Definitions— In this section:
- (1) Appropriate committees of Congress— The term appropriate committees of Congress means—
- (A) the congressional intelligence committees;
- (B) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
- (C) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.
- (2) Bug bounty program— The term bug bounty program means a program under which an approved computer security specialist or security researcher is temporarily authorized to identify and report vulnerabilities within the information system of an agency or department of the United States in exchange for compensation.
- (3) Information system— The term information system has the meaning given that term in section 3502 of title 44, United States Code.
- (b) Bug bounty program plan—
- (1) Requirement— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to appropriate committees of Congress a strategic plan for appropriate agencies and departments of the United States to implement bug bounty programs.
- (2) Contents— The plan required by paragraph (1) shall include—
- (A) an assessment of—
- (i) the “Hack the Pentagon” pilot program carried out by the Department of Defense in 2016 and subsequent bug bounty programs in identifying and reporting vulnerabilities within the information systems of the Department of Defense; and
- (ii) private sector bug bounty programs, including such programs implemented by leading technology companies in the United States; and
- (B) recommendations on the feasibility of initiating bug bounty programs at appropriate agencies and departments of the United States.
## Sec. 10744 Modification of authorities relating to the National Intelligence University — added
- (a) Civilian faculty members; employment and compensation—
- (1) In general— Section 1595(c) of title 10, United States Code, is amended by adding at the end the following:
- “(5) The National Intelligence University.”
- (2) Compensation plan— The Secretary of Defense shall provide each person employed as a full-time professor, instructor, or lecturer at the National Intelligence University on the date of the enactment of this Act an opportunity to elect to be paid under the compensation plan in effect on the day before the date of the enactment of this Act (with no reduction in pay) or under the authority of section 1595 of title 10, United States Code, as amended by paragraph (1).
- (b) Acceptance of faculty research grants— Section 2161 of such title is amended by adding at the end the following:
- “(d) Acceptance of faculty research grants—The Secretary of Defense may authorize the President of the National Intelligence University to accept qualifying research grants in the same manner and to the same degree as the President of the National Defense University under section 2165(e) of this title.”
- (c) Pilot program on admission of private sector civilians to receive instruction—
- (1) Pilot program required—
- (A) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a pilot program to assess the feasability and advisability of permitting eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Intelligence University.
- (B) Duration— The Secretary shall carry out the pilot program during the 3-year period beginning on the date of the commencement of the pilot program.
- (C) Existing program— The Secretary shall carry out the pilot program in a manner that is consistent with section 2167 of title 10, United States Code.
- (D) Number of participants— No more than the equivalent of 35 full-time student positions may be filled at any one time by private sector employees enrolled under the pilot program.
- (E) Diplomas and degrees— Upon successful completion of the course of instruction in which enrolled, any such private sector employee may be awarded an appropriate diploma or degree under section 2161 of title 10, United States Code.
- (2) Eligible private sector employees—
- (A) In general— For purposes of this subsection, an eligible private sector employee is an individual employed by a private firm that is engaged in providing to the Department of Defense, the intelligence community, or other Government departments or agencies significant and substantial intelligence or defense-related systems, products, or services or whose work product is relevant to national security policy or strategy.
- (B) Limitation— Under this subsection, a private sector employee admitted for instruction at the National Intelligence University remains eligible for such instruction only so long as that person remains employed by the same firm, holds appropriate security clearances, and complies with any other applicable security protocols.
- (3) Annual certification by Secretary of Defense— Under the pilot program, private sector employees may receive instruction at the National Intelligence University during any academic year only if, before the start of that academic year, the Secretary of Defense determines, and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under this section during that year will further the national security interests of the United States.
- (4) Pilot program requirements— The Secretary of Defense shall ensure that—
- (A) the curriculum in which private sector employees may be enrolled under the pilot program is not readily available through other schools and concentrates on national security-relevant issues; and
- (B) the course offerings at the National Intelligence University are determined by the needs of the Department of Defense and the intelligence community.
- (5) Tuition— The President of the National Intelligence University shall charge students enrolled under the pilot program a rate that—
- (A) is at least the rate charged for employees of the United States outside the Department of Defense, less infrastructure costs; and
- (B) considers the value to the school and course of the private sector student.
- (6) Standards of conduct— While receiving instruction at the National Intelligence University, students enrolled under the pilot program, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the university.
- (7) Use of funds—
- (A) In general— Amounts received by the National Intelligence University for instruction of students enrolled under the pilot program shall be retained by the university to defray the costs of such instruction.
- (B) Records— The source, and the disposition, of such funds shall be specifically identified in records of the university.
- (8) Reports—
- (A) Annual reports— Each academic year in which the pilot program is carried out, the Secretary shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the number of eligible private sector employees participating in the pilot program.
- (B) Final report— Not later than 90 days after the date of the conclusion of the pilot program, the Secretary shall submit to the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. Such report shall include—
- (i) the findings of the Secretary with respect to the feasability and advisability of permitting eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Intelligence University; and
- (ii) a recommendation as to whether the pilot program should be extended.
## Sec. 10745 Technical and clerical amendments to the National Security Act of 1947 — added
- (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:
- (2) by striking the item relating to section 107;
- (3) by striking the item relating to section 113B and inserting the following new item:
- (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:
- (b) Other technical corrections— Such Act is further amended—
- (1) in section 102A—
- (A) in subparagraph (G) of paragraph (1) of subsection (g), by moving the margins of such subparagraph 2 ems to the left; and
- (B) in paragraph (3) of subsection (v), by moving the margins of such paragraph 2 ems to the left;
- (2) in section 106—
- (A) by inserting “Sec. 106” before “(a)”; and
- (B) in subparagraph (I) of paragraph (2) of subsection (b), by moving the margins of such subparagraph 2 ems to the left;
- (3) by striking section 107;
- (4) in section 108(c), by striking “in both a classified and an unclassified form” and inserting “to Congress in classified form, but may include an unclassified summary”;
- (5) in section 112(c)(1), by striking “section 103(c)(7)” and inserting “section 102A(i)”;
- (6) by amending section 201 to read as follows:
- “201. Department of Defense
- “Except to the extent inconsistent with the provisions of this Act or other provisions of law, the provisions of title 5, United States Code, shall be applicable to the Department of Defense.”
- (7) in section 205, by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;
- (8) in section 206, by striking “(a)”;
- (9) in section 207, by striking “(c)”;
- (10) in section 308(a), by striking “this Act” and inserting “sections 2, 101, 102, 103, and 303 of this Act”;
- (11) by redesignating section 411 as section 312;
- (12) in section 503—
- (A) in paragraph (5) of subsection (c)—
- (i) by moving the margins of such paragraph 2 ems to the left; and
- (ii) by moving the margins of subparagraph (B) of such paragraph 2 ems to the left; and
- (B) in paragraph (2) of subsection (d), by moving the margins of such paragraph 2 ems to the left; and
- (13) in subparagraph (B) of paragraph (3) of subsection (a) of section 504, by moving the margins of such subparagraph 2 ems to the right.
## Sec. 10746 Technical amendments related to the Department of Energy — added
- (a) National Nuclear Security Administration Act— Section 3233(b) of the National Nuclear Security Administration Act (50 U.S.C. 2423(b)) is amended—
- (1) by striking “Administration” and inserting “Department”; and
- (2) by inserting “Intelligence and” after “the Office of”.
- (b) Atomic Energy Defense Act— Section 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting “Intelligence and” after “The Director of”.
- (c) National Security Act of 1947— Paragraph (2) of section 106(b) of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is amended—
- (1) in subparagraph (E), by inserting “and Counterintelligence” after “Office of Intelligence”;
- (2) by striking subparagraph (F);
- (3) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), (G), and (H), respectively; and
- (4) in subparagraph (H), as so redesignated, by realigning the margin of such subparagraph 2 ems to the left.
## Sec. 10747 Sense of Congress on notification of certain disclosures of classified information — added
- (a) Definitions— In this section:
- (1) Adversary foreign government— The term adversary foreign government means the government of any of the following foreign countries:
- (A) North Korea.
- (B) Iran.
- (C) China.
- (D) Russia.
- (E) Cuba.
- (2) Covered classified information— The term covered classified information means classified information that was—
- (A) collected by an element of the intelligence community; or
- (B) provided by the intelligence service or military of a foreign country to an element of the intelligence community.
- (3) Established intelligence channels— The term established intelligence channels means methods to exchange intelligence to coordinate foreign intelligence relationships, as established pursuant to law by the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, or other head of an element of the intelligence community.
- (4) Individual in the executive branch— The term individual in the executive branch means any officer or employee of the executive branch, including individuals—
- (A) occupying a position specified in article II of the Constitution;
- (B) appointed to a position by an individual described in subparagraph (A); or
- (C) serving in the civil service or the Senior Executive Service (or similar service for senior executives of particular departments or agencies).
- (b) Findings— Congress finds that section 502 of the National Security Act of 1947 (50 U.S.C. 3092) requires elements of the intelligence community to keep the congressional intelligence committees “fully and currently informed” about all “intelligence activities” of the United States, and to “furnish to the congressional intelligence committees any information or material concerning intelligence activities * * * which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibilities.”.
- (c) Sense of Congress— It is the sense of Congress that—
- (1) section 502 of the National Security Act of 1947 (50 U.S.C. 3092), together with other intelligence community authorities, obligates an element of the intelligence community to submit to the congressional intelligence committees written notification, by not later than 7 days after becoming aware, that an individual in the executive branch has disclosed covered classified information to an official of an adversary foreign government using methods other than established intelligence channels; and
- (2) each such notification should include—
- (A) the date and place of the disclosure of classified information covered by the notification;
- (B) a description of such classified information;
- (C) identification of the individual who made such disclosure and the individual to whom such disclosure was made; and
- (D) a summary of the circumstances of such disclosure.
## Sec. 10748 Sense of Congress on consideration of espionage activities when considering whether or not to provide visas to foreign individuals to be accredited to a United Nations mission in the United States — added
- It is the sense of the Congress that the Secretary of State, in considering whether or not to provide a visa to a foreign individual to be accredited to a United Nations mission in the United States, should consider—
- (1) known and suspected intelligence activities, espionage activities, including activities constituting precursors to espionage, carried out by the individual against the United States, foreign allies of the United States, or foreign partners of the United States; and
- (2) the status of an individual as a known or suspected intelligence officer for a foreign adversary.
## Sec. 10749 Sense of Congress on WikiLeaks — added
- 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.