SEC. 7101. Short Title.
This title may be cited as the “Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019”.
Division F — Other Matters
DIVISION F Other Matters
TITLE LXXI Sanctions with Respect to North Korea
Subtitle A Sanctions With Respect to North Korea
SEC. 7111. Sense of Congress.
It is the sense of Congress that—
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;
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);
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
the coordination described in paragraph (3) should include proper vetting of external messaging and communications from all parts of the Executive branch to ensure that those communications are an intentional component of and aligned with the strategy of the United States with respect to North Korea.
SEC. 7112. Definitions.
In this subtitle, the terms “applicable Executive order”, “applicable United Nations Security Council resolution”, “appropriate congressional committees”, “Government of North Korea”, “North Korea”, “North Korean financial institution”, and “North Korean person” have the meanings given those terms in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).
PART I Expansion of Sanctions and Related Matters
SEC. 7121. Sanctions with Respect to Foreign Financial Institutions That Provide Financial Services to Certain Sanctioned Persons.
In General.— Title II of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is amended by inserting after section 201A the following:
“SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED PERSONS.
“(a) In General.—The Secretary of the Treasury shall impose one or more of the sanctions described in subsection (b) with respect to a foreign financial institution that the Secretary determines, in consultation with the Secretary of State, knowingly, on or after the date that is 120 days after the date of the enactment of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, provides significant financial services to any person designated for the imposition of sanctions with respect to North Korea under—
“(1) subsection (a), (b), or (g) of section 104;
“(2) an applicable Executive order; or
“(3) an applicable United Nations Security Council resolution.
“(b) Sanctions Described.—The sanctions that may be imposed with respect to a foreign financial institution subject to subsection (a) are the following:
“(1) Asset blocking.—The Secretary may block and prohibit, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of the foreign financial institution if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
“(2) Restrictions on correspondent and payable-through accounts.—The Secretary may prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by the foreign financial institution.
“(c) Implementation; Penalties.—
“(1) Implementation.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
“(2) Penalties.—A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
“(d) Regulations.—Not later than 120 days after the date of the enactment of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, the President shall, as appropriate, prescribe regulations to carry out this section.
“(e) Exception Relating to Importation of Goods.—
“(1) In general.—Notwithstanding section 404(b) or any provision of this section, the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
“(2) Good defined.—In this subsection, the term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
“(f) Definitions.—In this section:
“(1) Account; correspondent account; payable-through account.—The terms ‘account’, ‘correspondent account’, and ‘payable-through account’ have the meanings given those terms in section 5318A of title 31, United States Code.
“(2) Foreign financial institution.—The term ‘foreign financial institution’ has the meaning given that term in section 510.309 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
“(3) Knowingly.—The term ‘knowingly’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
“SEC. 201C. PROHIBITION ON TRANSACTIONS WITH CERTAIN SANCTIONED PERSONS BY PERSONS OWNED OR CONTROLLED BY UNITED STATES FINANCIAL INSTITUTIONS.
“(a) In General.—Not later than 180 days after the date of the enactment of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, the Secretary of the Treasury, in consultation with the Secretary of State, shall prohibit an entity owned or controlled by a United States financial institution and established or maintained outside the United States from knowingly engaging in any transaction described in subsection (b) directly or indirectly with the Government of North Korea or any person designated for the imposition of sanctions with respect to North Korea under—
“(1) subsection (a), (b), or (g) of section 104;
“(2) an applicable Executive order; or
“(3) an applicable United Nations Security Council resolution.
“(b) Transactions Described.—A transaction described in this subsection is a transaction that would be prohibited by an order or regulation issued pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in in the United States or by a United States person.
“(c) Civil Penalties.—The civil penalty provided for in section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) shall apply to a United States financial institution to the same extent that such penalty applies to a person that commits an unlawful act described in section 206(a) of that Act if an entity owned or controlled by the United States financial institution and established or maintained outside the United States violates, attempts to violate, conspires to violate, or causes a violation of any order or regulation issued to implement subsection (a).
“(d) United States Financial Institution Defined.—In this section, the term ‘United States financial institution’ has the meaning given the term ‘U.S. financial institution’ in section 510.328 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).”
Clerical Amendment.— The table of contents for the North Korea Sanctions and Policy Enhancement Act of 2016 is amended by inserting after the item relating to section 201A the following:
“Sec. 201B. Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons.
“Sec. 201C. Prohibition on transactions with certain sanctioned persons by persons owned or controlled by United States financial institutions.”.
SEC. 7122. Mandatory Designations under North Korea Sanctions and Policy Enhancement Act of 2016.
In General.— Section 104 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214) is amended—
by adding at the end the following:
“(g) Additional Mandatory Designations.—
“(1) In general.—Except as provided in section 208, the President shall designate under this subsection any person that the President determines—
“(A) knowingly, directly or indirectly, engages in the importation from or exportation to North Korea of significant quantities of—
“(i)
(I) coal, textiles, seafood, iron, or iron ore; or
“(II) refined petroleum products or crude oil above limits set by the United Nations Security Council and with which the United States concurs; or
“(ii) services or technology related to goods specified in clause (i);
“(B) knowingly facilitates a significant transfer of funds or property of the Government of North Korea that materially contributes to any violation of an applicable United Nations Security Council resolution;
“(C) knowingly, directly or indirectly, engages in, facilitates, or is responsible for the exportation of workers from North Korea, or the employment of such workers, in a manner that generates significant revenue, directly or indirectly, for use by the Government of North Korea or by the Workers’ Party of Korea;
“(D) knowingly, directly or indirectly, sells or transfers a significant number of vessels to North Korea, except as specifically approved by the United Nations Security Council;
“(E) knowingly engages in a significant activity to charter, insure, register, facilitate the registration of, or maintain insurance or a registration for, a vessel owned, controlled, commanded, or crewed by a North Korean person; or
“(F) knowingly contributes to and participates in—
“(i) a significant act of bribery of an official of the Government of North Korea or any person acting for or on behalf of that official;
“(ii) the misappropriation, theft, or embezzlement of a significant amount of public funds by, or for the benefit of, an official of the Government of North Korea or any person acting for or on behalf of that official; or
“(iii) the use of any proceeds of any activity described in subparagraph (A) or (B).”
in subsection (c), by inserting “ or (g)” after “ subsection (a)”;
in subsection (d)—
by striking “ or” the first place it appears and inserting a comma; and
by inserting “ , or (g)” after “ (b)”; and
in subsection (e)—
by striking “ or” the last place it appears and inserting a comma; and
by inserting “ , or (g)” after “ (b)”.
Conforming Amendments.— The North Korea Sanctions and Policy Enhancement Act of 2016 is amended—
in section 3(4) (22 U.S.C. 9202(4))—
by striking “ or” the first place it appears and inserting a comma; and
by inserting “ , or (g)” after “ (b)”; and
in section 102 (22 U.S.C. 9212)—
in subsection (a), by inserting “ or (g)” after “ section 104(a)” each place it appears; and
in subsection (b)(1)—
by striking “ and” the first place it appears and inserting a comma; and
by inserting “ , and (g)” after “ (b)”; and
in section 204 (22 U.S.C. 9224), by inserting “ or (g)” after “ section 104(a)” each place it appears; and
in section 302(b)(3) (22 U.S.C. 9241(b)(3)) is amended by striking “ section 104(b)(1)(M)” and inserting “ section 104(g)(1)(C)”.
SEC. 7123. Extension of Applicability Period of Proliferation Prevention Sanctions.
Section 203(b)(2) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by striking “ 2 years” and inserting “ 5 years”.
SEC. 7124. Opposition to Assistance by the International Financial Institutions.
In General.— The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end the following:
“SEC. 73. OPPOSITION TO ASSISTANCE FOR ANY GOVERNMENT THAT FAILS TO IMPLEMENT SANCTIONS ON NORTH KOREA.
“(a) In General.—The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c))) that it is the policy of the United States to oppose the provision by that institution of financial assistance to a foreign government, other than assistance to support basic human needs, if the President determines that, in the year preceding consideration of approval of such assistance, the government has knowingly failed to adequately enforce sanctions under an applicable United Nations Security Council resolution (as defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202)).
“(b) Waiver.—The President may waive subsection (a) for up to 180 days at a time with respect to a foreign government if the President—
“(1) determines that—
“(A) the failure of the foreign government described in subsection (a) is due exclusively to a lack of capacity on the part of the foreign government;
“(B) the foreign government is taking effective steps to prevent recurrence of such failure; or
“(C) the waiver is in the national security interests of the United States; and
“(2) submits to Congress a report on the reasons for the determination under paragraph (1).”
Termination.— Effective on the date that is 10 years after the date of the enactment of this Act, section 73 of the Bretton Woods Agreements Act, as added by subsection (a), is repealed.
SEC. 7125. Support for Capacity of the International Monetary Fund to Prevent Money Laundering and Financing of Terrorism.
In General.— Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the end the following:
“SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM.
“The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to support the increased use of the administrative budget of the Fund for technical assistance that strengthens the capacity of members of the Fund to prevent money laundering and the financing of terrorism.”
Termination.— Effective on the date that is 5 years after the date of the enactment of this Act, section 1629 of the International Financial Institutions Act, as added by subsection (a), is repealed.
National Advisory Council Report to Congress.— The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in each report required by section 1701 of the International Financial Institutions Act (22 U.S.C. 262r) after the date of the enactment of this Act and before December 31, 2023, a description of—
the activities of the International Monetary Fund in the fiscal year covered by the report to provide technical assistance that strengthens the capacity of members of the Fund to prevent money laundering and the financing of terrorism, and the effectiveness of the assistance; and
the efficacy of efforts by the United States to support such technical assistance through the use of the Fund’s administrative budget, and the level of such support.
SEC. 7126. Report and Briefings on Compliance, Penalties, and Technical Assistance.
Report Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the committees specified in subsection (d) a report that includes—
a list of financial institutions that, during the period beginning on the date that is one year before the date of the enactment of this Act and ending on the date of the report, knowingly facilitated a significant transaction or transactions or provided significant financial services for—
any North Korean person designated under an applicable Executive order;
any North Korean person that knowingly facilitates the transfer of bulk cash or covered goods (as defined under section 1027.100 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling));
any person that knowingly invests in, or participates in a joint venture with, an entity in which the Government of North Korea participates or an entity that is created or organized under the laws of North Korea;
any person that knowingly provides financial services, including through a subsidiary or joint venture, in North Korea;
any person that knowingly provides specialized teaching, training, or information or provides material or technological support to a North Korean person that—
may contribute to North Korea’s development and proliferation of weapons of mass destruction, including systems designed in whole or in part for the delivery of such weapons; or
may contribute to significant activities undermining cybersecurity; and
a description of efforts by the Department of the Treasury during the period described in paragraph (1), through outreach, consultations, technical assistance, or other appropriate activities, to strengthen the capacity of financial institutions and foreign governments to prevent the provision of financial services benefitting any person subject to sanctions under—
this Act or an amendment made by this Act;
an applicable Executive order; or
an applicable United Nations Security Council resolution.
Annual Briefings.— Not later than one year after the submission of the report required by subsection (a), and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Secretary of the Treasury shall brief the committees specified in subsection (d) on the matters covered by the report for the one-year period preceding the briefing.
Testimony Required.— Upon request of either of the committees specified in subsection (d), the Under Secretary of the Treasury for Terrorism and Financial Crimes shall testify to explain the effects of this Act and the amendments made by this Act on North Korea’s access to illicit finance channels.
Committees Specified.— The committees specified in this subsection are—
the Committee on Financial Services of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs of the Senate.
SEC. 7127. Sense of Congress on Identification and Blocking of Property of North Korean Officials.
It is the sense of Congress that the President should—
encourage international collaboration to counter the money laundering, terrorist financing, and proliferation financing threats emanating from North Korea; and
prioritize multilateral efforts to identify and block—
any property owned or controlled by a North Korean official; and
any significant proceeds of kleptocracy by the Government of North Korea or a North Korean official.
SEC. 7128. Modification of Report on Implementation of United Nations Security Council Resolutions by Other Governments.
Section 317 of the Korean Interdiction and Modernization of Sanctions Act (title III of Public Law 115–44; 131 Stat. 950) is amended—
in subsection (a)—
in the matter preceding paragraph (1), by striking “ Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years,” and inserting “ Not later than 180 days after the date of the enactment of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and annually thereafter for 5 years,”;
in paragraph (3), by striking “ ; or” and inserting a semicolon;
by redesignating paragraph (4) as paragraph (8); and
by inserting after paragraph (3) the following:
“(4) prohibit, in the territories of such countries or by persons subject to the jurisdiction of such governments, the opening of new joint ventures or cooperative entities with North Korean persons or the expansion of existing joint ventures through additional investments, whether or not for or on behalf of the Government of North Korea, unless such joint ventures or cooperative entities have been approved by the committee of the United Nations Security Council established by United Nations Security Council Resolution 1718 (2006);
“(5) prohibit the unauthorized clearing of funds by North Korean financial institutions through financial institutions subject to the jurisdiction of such governments;
“(6) prohibit the unauthorized conduct of commercial trade with North Korea that is prohibited under applicable United Nations Security Council resolutions;
“(7) prevent the provision of significant financial services to North Korean persons or the transfer of such services to North Korean persons to, through, or from the territories of such countries or by persons subject to the jurisdiction of such governments; or”
; and
by amending subsection (c) to read as follows:
“(c) Definitions.—In this section:
“(1) Appropriate congressional committees and leadership.—The term ‘appropriate congressional committees and leadership’ means—
“(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the majority and minority leaders of the Senate; and
“(B) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Speaker, the majority leader, and the minority leader of the House of Representatives.
“(2) Applicable united nations security council resolution; north korean financial institution; north korean person.—The terms ‘applicable United Nations Security Council resolution’, ‘North Korean financial institution’, and ‘North Korean person’ have the meanings given those terms in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).”
SEC. 7129. Report on Use by the Government of North Korea of Beneficial Ownership Rules to Access the International Financial System.
In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report setting forth the findings of the Secretary regarding how the Government of North Korea is exploiting the laws of countries other than the United States with respect to the beneficial owner of an entity in order to access the international financial system.
Elements.— The Secretary shall include in the report required under subsection (a) proposals for such legislative and administrative action as the Secretary considers appropriate to combat the abuse by the Government of North Korea of shell companies and other similar entities subject to the jurisdiction of governments other than the United States Government to avoid or evade sanctions.
Form.— The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
PART II Congressional Review and Oversight
SEC. 7131. Notification of Termination or Suspension of Sanctions.
Before taking any action to terminate or suspend the application of sanctions under this subtitle or an amendment made by this subtitle, the President shall notify the appropriate congressional committees of the President’s intent to take the action and the reasons for the action.
SEC. 7132. Reports on Certain Licensing Actions.
Report Required.—
In general.— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the committees specified in paragraph (2) a report on the operation of the system for issuing licenses for transactions under covered regulatory provisions during the preceding 180-day period that includes—
the number and types of such licenses applied for during that period; and
the number of such licenses issued during that period and information identifying the person receiving each such license.
Committees specified.— The committees specified in this paragraph are the following:
The Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
The Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate.
Submission of Copies of Licenses on Request.— The Secretary of the Treasury shall expeditiously provide a copy of any license identified in a report required by subsection (a)(1) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate if an appropriate Member of Congress requests a copy of that license not later than 30 days after submission of the report.
Form.— Each report required by subsection (a), and each copy of a license submitted under subsection (b), shall be submitted in unclassified form but may include a classified annex.
Definitions.— In this section:
Appropriate member of congress.— The term “appropriate Member of Congress” means—
the chairman or ranking member of the Committee on Financial Services of the House of Representatives; or
the chairman or ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate.
Covered regulatory provision.— The term “covered regulatory provision” means any of the following provisions, as in effect on the day before the date of the enactment of this Act and as such provisions relate to North Korea:
Part 743, 744, or 746 of title 15, Code of Federal Regulations.
Part 510 of title 31, Code of Federal Regulations.
Any other provision of title 31, Code of Federal Regulations.
SEC. 7133. Report and Briefings on Financial Networks and Financial Methods of the Government of North Korea.
Report Required.—
In general.— Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on sources of external support for the Government of North Korea that includes—
a 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;
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;
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;
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;
an assessment of the involvement of any person in human trafficking involving citizens or nationals of North Korea;
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;
an assessment of the extent to which the Government of North Korea engages in criminal activities, including money laundering, to support that Government;
information relating to the identification, blocking, and release of property described in section 201B(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016, as added by section 7121;
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
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.
Form.— The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
Briefings.— Not later than one year after the submission of the report required by subsection (a), and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the President shall brief the appropriate congressional committees on the matters covered by the report for the one-year period preceding the briefing.
Interagency Coordination.— The President shall ensure that any information collected pursuant to subsection (a) is shared among the Federal departments and agencies involved in investigations described in section 102(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9212(b)).
SEC. 7134. Report on Countries of Concern with Respect to Transshipment, Reexportation, or Diversion of Certain Items to North Korea.
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.
Form.— Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
PART III General Matters
SEC. 7141. Rulemaking.
The President shall prescribe such rules and regulations as may be necessary to carry out this subtitle and amendments made by this subtitle.
SEC. 7142. Authority to Consolidate Reports.
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.
Contents.— Any reports consolidated under subsection (a) shall contain all information required under this subtitle or an amendment made by this subtitle and any other elements that may be required by existing law.
SEC. 7143. Waivers, Exemptions, and Termination.
Application and Modification of Exemptions From and Waivers of North Korea Sanctions and Policy Enhancement Act of 2016.— Section 208 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228) is amended by inserting “ 201B, 201C,” after “ 201A,” each place it appears.
Suspension.—
In general.— Subject to section 7131, the President may suspend the application of any provision of or amendment made by this subtitle (other than section 7147 of this title or section 201B(e) of the North Korea Sanctions and Policy Enhancement Act of 2016, as added by section 7121 of this title) with respect to an entity, individual, or transaction, for renewable periods of not more than 180 days each if, before such a suspension or renewal of such a suspension takes effect, the President submits to the appropriate congressional committees—
a certification that—
the Government of North Korea has—
committed to the verifiable suspension of North Korea’s proliferation and testing of weapons of mass destruction, including systems designed in whole or in part for the delivery of such weapons; and
has agreed to multilateral talks including the Government of the United States, with the goal of permanently and verifiably limiting North Korea’s weapons of mass destruction and ballistic missile programs; or
the suspension is vital to the national security interests of the United States; and
if the President submits a certification under subparagraph (A)(ii), an explanation of the reasons the suspension is vital to the national security interests of the United States.
Conforming amendment.— Section 401(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9251(a)) is amended by inserting “ (other than section 104(g), 201B, or 201C)” after “ such titles)”.
Termination.— Subject to section 7131, any requirement to impose sanctions under this subtitle or the amendments made by this subtitle, and any sanctions imposed pursuant to this subtitle or any such amendment, shall terminate on the date on which the President makes the certification described in section 402 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9252).
SEC. 7144. Procedures for Review of Classified and Certain Other Information.
In General.— If a finding under this subtitle or an amendment made by this subtitle, a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under this subtitle or an amendment made by this subtitle, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), law enforcement information, or any other information protected from disclosure by statute, and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera.
Rule of Construction.— Nothing in this section shall be construed to confer or imply any right to judicial review of any finding under this subtitle or an amendment made by this subtitle, any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under this subtitle or an amendment made by this subtitle.
SEC. 7145. Briefing on Resourcing of Sanctions Programs.
Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall provide to the appropriate congressional committees a briefing on—
the resources allocated by the Department of the Treasury to support each sanctions program administered by the Department; and
recommendations for additional authorities or resources necessary to expand the capacity or capability of the Department related to implementation and enforcement of such programs.
SEC. 7146. Briefing on Proliferation Financing.
In General.— Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall provide to the appropriate congressional committees a briefing on addressing proliferation finance.
Elements.— The briefing required by subsection (a) shall include the following:
The Department of the Treasury’s description of the principles underlying appropriate methods for combating the financing of the proliferation of weapons of mass destruction.
An assessment of—
Federal financial regulatory agency oversight, including by the Financial Crimes Enforcement Network, of United States financial institutions and the adoption by their foreign subsidiaries, branches, and correspondent institutions of the principles described under paragraph (1); and
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.
A survey of the technical assistance the Office of Technical Assistance of the Department of the Treasury and other appropriate Executive branch offices currently provide foreign governments on implementing counter-proliferation financing best practices.
An assessment of the ability of foreign subsidiaries, branches, and correspondent institutions of United States financial institutions to implement a risk-based approach to proliferation financing.
SEC. 7147. Exception Relating to Importation of Goods.
In General.— The authorities and requirements to impose sanctions authorized under this subtitle or any amendment made by this subtitle shall not include the authority or requirement to impose sanctions on the importation of goods.
Good Defined.— In this section, the term “good” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
Subtitle B Financial Industry Guidance to Halt Trafficking
SEC. 7151. Short Title.
This subtitle may be cited as the “Financial Industry Guidance to Halt Trafficking Act” or the “FIGHT Act”.
SEC. 7152. Sense of Congress.
It is the sense of Congress that—
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);
the Financial Crimes Enforcement Network of the Department of the Treasury should continue—
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;
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;
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;
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
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;
Federal banking regulators, the Department of the Treasury, relevant law enforcement agencies, and the Human Smuggling and Trafficking Center, in partnership with representatives from the United States financial community, should adopt regular forms of sharing information to disrupt human trafficking, including developing protocols and procedures to share actionable information between and among covered institutions, law enforcement, and the United States intelligence community;
training frontline bank and money service business employees, school teachers, law enforcement officers, foreign service officers, counselors, and the general public is an important factor in identifying trafficking victims;
the Department of Homeland Security’s Blue Campaign, training by the BEST Employers Alliance, and similar efforts by industry, human rights, and nongovernmental organizations focused on human trafficking provide good examples of current efforts to educate employees of critical sectors with respect to how to save victims and disrupt trafficking networks;
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
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—
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;
encourage cooperation by foreign governments and relevant international fora in identifying the nexus between human trafficking and money laundering;
advance policies that promote the cooperation of foreign governments, through information sharing, training, or other measures, in the enforcement of this subtitle;
encourage other countries to assess their human trafficking and money laundering risks in light of updated guidance provided by the Financial Action Task Force in 2018; and
encourage the Egmont Group of Financial Intelligence Units to study the extent to which human trafficking operations are being used for money laundering, terrorist financing, or other illicit financial purposes.
SEC. 7153. Coordination of Human Trafficking Issues by the Office of Terrorism and Financial Intelligence.
by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and
by inserting after subparagraph (D) the following:
“(E) combating illicit financing relating to human trafficking;”
Interagency Coordination.— Section 312(a) of such title is amended by adding at the end the following:
“(8) Interagency coordination.—The Secretary of the Treasury, after consultation with the Undersecretary for Terrorism and Financial Crimes, shall designate an office within the OTFI that shall coordinate efforts to combat the illicit financing of human trafficking with—
“(A) other offices of the Department of the Treasury;
“(B) other Federal agencies, including—
“(i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and
“(ii) the Interagency Task Force to Monitor and Combat Trafficking;
“(C) State and local law enforcement agencies; and
“(D) foreign governments.”
SEC. 7154. Strengthening the Role of Anti-Money Laundering and Other Financial Tools in Combating Human Trafficking.
Interagency Task Force Recommendations Targeting Money Laundering Related to Human Trafficking.—
In general.— Not later than 270 days after the date of the enactment of this Act, the Interagency Task Force to Monitor and Combat Trafficking, with the concurrence of the Secretary of State and the Secretary of the Treasury, shall submit to the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, and each appropriate Federal banking agency—
an analysis of anti-money laundering efforts of the United States Government, United States financial institutions, and international financial institutions (as defined in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c))) related to human trafficking; and
appropriate legislative, administrative, and other recommendations to strengthen efforts against money laundering related to human trafficking.
Required recommendations.— The recommendations under paragraph (1) shall include—
best practices based on successful anti-human trafficking programs currently in place at domestic and international financial institutions that are suitable for broader adoption;
feedback from stakeholders, including victims of severe forms of trafficking in persons, advocates of persons at risk of becoming victims of severe forms of trafficking in persons, the United States Advisory Council on Human Trafficking, civil society organizations, and financial institutions on policy proposals derived from the analysis conducted by the task force referred to in paragraph (1) that would enhance the efforts and programs of financial institutions to detect and deter money laundering related to human trafficking, including any recommended changes to internal policies, procedures, and controls related to human trafficking;
any recommended changes to training programs at financial institutions to better equip employees to deter and detect money laundering related to human trafficking; and
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.
Additional Reporting Requirement.— Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
in the matter preceding subparagraph (A)—
by inserting “ the Committee on Financial Services,” after “ the Committee on Foreign Affairs”; and
by inserting “ the Committee on Banking, Housing, and Urban Affairs,” after “ the Committee on Foreign Relations,”;
in subparagraph (Q)(vii), by striking “ ; and” and inserting a semicolon;
in subparagraph (R), by striking the period at the end and inserting “ ; and”; and
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.”
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—
review and enhance training and examination procedures to improve the surveillance capabilities of anti-money laundering programs and programs countering the financing of terrorism to detect human trafficking-related financial transactions;
review and enhance procedures for referring potential human trafficking cases to the appropriate law enforcement agency; and
determine, as appropriate, whether requirements for financial institutions and covered financial institutions are sufficient to detect and deter money laundering related to human trafficking.
Limitations.— Nothing in this section shall be construed to—
grant rulemaking authority to the Interagency Task Force to Monitor and Combat Trafficking; or
authorize financial institutions to deny services to or violate the privacy of victims of trafficking, victims of severe forms of trafficking, or individuals not responsible for promoting severe forms of trafficking in persons.
SEC. 7155. Sense of Congress on Resources to Combat Human Trafficking.
It is the sense of Congress that—
adequate funding should be provided for critical Federal efforts to combat human trafficking;
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;
the Department of the Treasury and the Department of Justice should each have the capacity and appropriate resources to support technical assistance to develop foreign partners’ ability to combat human trafficking through strong national anti-money laundering programs and programs countering the financing of terrorism;
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
the Department of State should be provided additional resources, as necessary, to carry out the Survivors of Human Trafficking Empowerment Act (section 115 of Public Law 114–22; 129 Stat. 243).
TITLE LXXII Sanctions with Respect to Foreign Traffickers of Illicit Synthetic Opioids
SEC. 7201. Short Title.
This title may be cited as the “Fentanyl Sanctions Act”.
SEC. 7202. Sense of Congress.
It is the sense of Congress that—
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;
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
the effective enforcement of the new regulations should result in diminished trafficking of illicit fentanyl originating from the People’s Republic of China into the United States.
SEC. 7203. Definitions.
In this title:
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).
Appropriate congressional committees and leadership.— The term “appropriate congressional committees and leadership” means—
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
the Committee on Appropriations, the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Oversight and Reform, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
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).
Entity.— The term “entity” means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.
Foreign opioid trafficker.— The term “foreign opioid trafficker” means any foreign person that the President determines plays a significant role in opioid trafficking.
Foreign person.— The term “foreign person”—
means—
any citizen or national of a foreign country; or
any entity not organized under the laws of the United States or a jurisdiction within the United States; and
does not include the government of a foreign country.
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.
Opioid trafficking.— The term “opioid trafficking” means any illicit activity—
to produce, manufacture, distribute, sell, or knowingly finance or transport—
synthetic opioids, including controlled substances that are synthetic opioids and 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;
to attempt to carry out an activity described in subparagraph (A); or
to assist, abet, conspire, or collude with other persons to carry out such an activity.
Person.— The term “person” means an individual or entity.
United states person.— The term “United States person” means—
any citizen or national of the United States;
any alien lawfully admitted for permanent residence in the United States;
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
any person located in the United States.
Subtitle A Sanctions With Respect to Foreign Opioid Traffickers
SEC. 7211. Identification of Foreign Opioid Traffickers.
Public Report.—
In general.— The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report—
identifying the foreign persons that the President determines are foreign opioid traffickers;
detailing progress the President has made in implementing this subtitle; and
providing an update on cooperative efforts with the governments of Mexico, the People’s Republic of China, and other countries of concern with respect to combating foreign opioid traffickers.
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.
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.
Form of report.—
In general.— Each report required by paragraph (1) or (2) shall be submitted in unclassified form but may include a classified annex.
Availability to public.— The unclassified portion of a report required by paragraph (1) or (2) shall be made available to the public.
Classified Report.—
In general.— The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report, in classified form—
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;
providing background information with respect to persons newly identified as foreign opioid traffickers and their illicit activities;
describing actions the President intends to undertake or has undertaken to implement this subtitle; and
providing a strategy for identifying additional foreign opioid traffickers.
Effect on other reporting requirements.— The report required by paragraph (1) is in addition to, and in no way delimits or restricts, the obligations of the President to keep Congress fully and currently informed pursuant to the provisions of the National Security Act of 1947 (50 U.S.C. 3001 et seq.).
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.
Exclusion of Certain Information.—
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.
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—
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;
to jeopardize the integrity or success of an ongoing criminal investigation or prosecution;
to endanger the life or physical safety of any person; or
to cause substantial harm to physical property.
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.
Rule of construction.— Nothing in this section may be construed to authorize or compel the disclosure of information determined by the President to be law enforcement information, classified information, national security information, or other information the disclosure of which is prohibited by any other provision of law.
Provision of Information Required for Reports.— The Secretary of the Treasury, the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence shall consult among themselves and provide to the President and the Director of the Office of National Drug Control Policy the appropriate and necessary information to enable the President to submit the reports required by subsection (a).
SEC. 7212. Imposition of Sanctions.
The President shall impose five or more of the sanctions described in section 7213 with respect to each foreign person that is an entity, and four or more of such sanctions with respect to each foreign person that is an individual, that—
is identified as a foreign opioid trafficker in a report submitted under section 7211(a); or
the President determines is owned, controlled, directed by, knowingly supplying or sourcing precursors for, or knowingly acting for or on behalf of, such a foreign opioid trafficker.
SEC. 7213. Description of Sanctions.
In General.— The sanctions that may be imposed with respect to a foreign person under section 7212 are the following:
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.
Prohibitions on financial institutions.— The following prohibitions may be imposed with respect to a foreign person that is a financial institution:
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.
Prohibition on service as a repository of government funds.— The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of section 7212, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of that section.
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.
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.
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.
Property transactions.— The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
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;
dealing in or exercising any right, power, or privilege with respect to such property; or
conducting any transaction involving such property.
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.
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.
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.
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.
Exceptions.—
Intelligence and law enforcement activities.— Sanctions under this section shall not apply with respect to—
any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or
any authorized intelligence or law enforcement activities of the United States.
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.
Implementation.— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
SEC. 7214. Waivers.
Waiver for State-owned Entities in Countries That Cooperate in Multilateral Anti-trafficking Efforts.—
In general.— The President may waive for a period of not more than 12 months the application of sanctions under this subtitle with respect to an entity that is owned or controlled, directly or indirectly, by a foreign government or any political subdivision, agency, or instrumentality of a foreign government, if, not less than 15 days before the waiver is to take effect, the President certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking.
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—
implementing domestic laws to schedule all fentanyl analogues as controlled substances; and
doing two or more of the following:
Implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids.
Implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids.
Increasing efforts to prosecute foreign opioid traffickers.
Increasing intelligence sharing and law enforcement cooperation with the United States with respect to opioid trafficking.
Subsequent renewal of waiver.— The President may renew a waiver under paragraph (1) for subsequent periods of not more than 12 months each if, not less than 15 days before the renewal is to take effect, the Secretary of State certifies to the appropriate congressional committees and leadership that the government of the country to which the waiver applies has effectively implemented and is effectively enforcing the measures that formed the basis for the certification under paragraph (2).
Waivers for National Security and Access to Prescription Medications.—
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—
the national security interests of the United States; or
subject to paragraph (2), the access of United States persons to prescription medications.
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.
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.
Humanitarian Waiver.— The President may waive, for renewable periods of 180 days, the application of the sanctions under this subtitle if the President certifies to the appropriate congressional committees and leadership that the waiver is necessary for the provision of humanitarian assistance.
SEC. 7215. Procedures for Judicial Review of Classified Information.
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.
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; or
to limit or restrict any other practice, procedure, right, remedy, or safeguard that—
relates to the protection of classified information; and
is available to the United States in connection with any type of administrative hearing, litigation, or other proceeding.
SEC. 7216. Briefings on Implementation.
Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after such date of enactment, the President, acting through the Secretary of State and the Director of National Intelligence, in coordination with the Secretary of the Treasury, shall provide to the appropriate congressional committees and leadership a comprehensive briefing on efforts to implement this subtitle.
SEC. 7217. Inclusion of Additional Material in International Narcotics Control Strategy Report.
Sense of Congress.— It is the sense of Congress that, in order to apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security, foreign policy, and economy of the United States—
the President should instruct the Secretary of State to intensify diplomatic efforts, both in appropriate international fora such as the United Nations, the Group of Seven, the Group of Twenty, and trilaterally and bilaterally with partners of the United States, to combat foreign opioid trafficking, including by working to establish a multilateral sanctions regime with respect to foreign opioid trafficking; and
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.
Amendment to Foreign Assistance Act of 1961.— Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(a)) is amended by adding at the end the following:
“(9)
(A) An assessment conducted by the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, of the extent to which any diplomatic efforts described in section 7217(a) of the Fentanyl Sanctions Act have been successful.
“(B) Each assessment required by subparagraph (A) shall include an identification of—
“(i) the countries the governments of which have agreed to undertake measures to apply economic or other financial sanctions to foreign traffickers of illicit opioids and a description of those measures; and
“(ii) the countries the governments of which have not agreed to measures described in clause (i), and, with respect to those countries, other measures the Secretary of State recommends that the United States take to apply economic and other financial sanctions to foreign traffickers of illicit opioids.”
Subtitle B Commission on Combating Synthetic Opioid Trafficking
SEC. 7221. Commission on Combating Synthetic Opioid Trafficking.
Establishment.—
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.
Designation.— The commission established under paragraph (1) shall be known as the “Commission on Combating Synthetic Opioid Trafficking” (in this section referred to as the “Commission”).
Membership.—
Composition.—
In general.— Subject to subparagraph (B), the Commission shall be composed of the following members:
The Director of the Office of National Drug Control Policy.
The Administrator of the Drug Enforcement Administration.
The Secretary of Homeland Security.
The Secretary of Defense.
The Secretary of the Treasury.
The Secretary of State.
The Director of National Intelligence.
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.
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.
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.
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.
The members of the Commission who are not Members of Congress and who are appointed under clauses (viii) through (xi) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—
transnational criminal organizations conducting synthetic opioid trafficking;
the production, manufacturing, distribution, sale, or transportation of synthetic opioids; or
relations between—
the United States; and
the People’s Republic of China, Mexico, or any other country of concern with respect to trafficking in synthetic opioids.
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.
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.
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.
Co-chairs.—
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.
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.
Duties.— The duties of the Commission are as follows:
To define the core objectives and priorities of the strategic approach described in subsection (a)(1).
To weigh the costs and benefits of various strategic options to combat the flow of synthetic opioids from the People’s Republic of China, Mexico, and other countries of concern with respect to trafficking in synthetic opioids.
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).
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.
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.
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.
To report on the scale of contaminated or counterfeit drugs originating from Mexico, the People’s Republic of China, India, and other countries of concern with respect to the exportation of contaminated or counterfeit drugs.
To report on how the United States could work more effectively with subnational and local officials in the People’s Republic of China and other countries to combat the illicit production of synthetic opioids.
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.
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—
subsection (c)(1) of that section shall be applied and administered by substituting “30 days” for “45 days”;
subsection (g)(4)(A) of that section shall be applied and administered by inserting “ and the Attorney General” after “ Secretary of Defense”; and
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”.
Treatment of Information Provided to Commission.—
Information relating to national security.—
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.
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.
Information provided by congress.— The Commission may obtain information from any Member, committee, or office of Congress, including information related to the national security of the United States, only with the consent of the Member, committee, or office involved and only in accordance with any applicable rules and procedures of the House of Representatives or Senate (as the case may be) governing the provision of such information by Members, committees, and offices of Congress to entities in the executive branch.
Reports.— The Commission shall submit to the appropriate congressional committees and leadership—
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
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.
Termination.—
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.
Winding up of affairs.— The Commission may use the 120-day period described in paragraph (1) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report required by subsection (f)(2) and disseminating the report.
Subtitle C Other Matters
SEC. 7231. Director of National Intelligence Program on Use of Intelligence Resources in Efforts to Sanction Foreign Opioid Traffickers.
Program Required.—
In general.— The Director of National Intelligence shall, in consultation with the Director of the Office of National Drug Control Policy, carry out a program to allocate and enhance use of resources of the intelligence community, including intelligence collection and analysis, to assist the Secretary of the Treasury, the Secretary of State, and the Administrator of the Drug Enforcement Administration in efforts to identify and impose sanctions with respect to foreign opioid traffickers under subtitle A.
Focus on illicit finance.— To the extent practicable, efforts described in paragraph (1) shall—
take into account specific illicit finance risks related to narcotics trafficking; and
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.
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.
Reports.—
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.
Report on review.— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Director of the Office of National Drug Control Policy and other relevant agencies, shall submit to the appropriate congressional committees and leadership—
a comprehensive description of the results of the review required by subsection (b); and
an assessment of 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; and
any changes to such priorities are necessary.
Intelligence Community Defined.— In this section, the term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 7232. Authorization of Appropriations.
Department of the Treasury.— There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary for fiscal year 2020 to carry out operations and activities of the Department of the Treasury solely for purposes of carrying out this title.
Commission on Combating Synthetic Opioid Trafficking.— Of the amount authorized to be appropriated by section 1403 for fiscal year 2020 and available for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501, the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer $5,000,000 to the Commission on Combating Synthetic Opioid Trafficking established under section 7221 in order to carry out the duties of the Commission.
Supplement Not Supplant.— Amounts authorized to be appropriated by subsection (a) shall supplement and not supplant other amounts available to carry out operations and activities described in such subsections.
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.
Appropriate Committees of Congress Defined.— In this section, the term “appropriate committees of Congress” means—
the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and
the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives.
SEC. 7233. Regulatory Authority.
Not later than 90 days after the date of the enactment of this Act, the President shall issue such regulations as are necessary to carry out this title, including guidance with respect to what activities are included under the definition of “opioid trafficking” under section 7203(8).
SEC. 7234. Termination.
The provisions of this title, and any sanctions imposed pursuant to this title, shall terminate on the date that is 7 years after the date of the enactment of this Act.
SEC. 7235. Exception Relating to Importation of Goods.
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.
Good Defined.— In this section, the term “good” means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
TITLE LXXIII Pfas
SEC. 7301. Short Title.
This title may be cited as the “PFAS Act of 2019”.
SEC. 7302. Definition of Administrator.
In this title, the term “Administrator” means the Administrator of the Environmental Protection Agency.
Subtitle A Drinking Water
SEC. 7311. Monitoring and Detection.
Monitoring Program for Unregulated Contaminants.—
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)).
Substances described.— The substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances—
for which a method to measure the level in drinking water has been validated by the Administrator; and
that are not subject to a national primary drinking water regulation.
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.
Applicability.—
In general.— The Administrator shall—
require public water systems serving more than 10,000 persons to monitor for the substances described in subsection (a)(2);
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
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).
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.
Funds.— The Administrator shall pay the reasonable cost of such testing and laboratory analysis as is necessary to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1) using—
funds made available pursuant to subsection (a)(2)(H) or subsection (j)(5) of section 1445 of the Safe Drinking Water Act (42 U.S.C. 300j–4); or
any other funds made available for that purpose.
SEC. 7312. Drinking Water State Revolving Funds.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended—
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.”
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
by adding at the end the following:
“(t) Emerging Contaminants.—
“(1) In general.—Amounts made available under this subsection shall be allotted to a State as if allotted under subsection (a)(1)(D) as a capitalization grant, for deposit into the State loan fund of the State, for the purposes described in subsection (a)(2)(G).
“(2) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2020 through 2024, to remain available until expended.”
Subtitle B PFAS Release Disclosure
SEC. 7321. Additions to Toxics Release Inventory.
Definition of Toxics Release Inventory.— In this section, the term “toxics release inventory” means the list of toxic chemicals subject to the requirements of section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)).
Immediate Inclusion.—
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:
Perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335–67–1).
The salts associated with the chemical described in subparagraph (A) (Chemical Abstracts Service Nos. 3825–26–1, 335–95–5, and 68141–02–6).
Perfluorooctane sulfonic acid (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763–23–1).
The salts associated with the chemical described in subparagraph (C) (Chemical Abstracts Service Nos. 2795–39–3, 29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–8).
A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is—
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
on the date of enactment of this Act, subject to the provisions of—
section 721.9582 of title 40, Code of Federal Regulations; or
section 721.10536 of title 40, Code of Federal Regulations.
Hexafluoropropylene oxide dimer acid (commonly referred to as “GenX”) (Chemical Abstracts Service No. 13252–13–6).
The compound associated with the chemical described in subparagraph (F) identified by Chemical Abstracts Service No. 62037–80–3.
Perfluorononanoic acid (commonly referred to as “PFNA”) (Chemical Abstracts Service No. 375–95–1).
Perfluorohexanesulfonic acid (commonly referred to as “PFHxS”) (Chemical Abstracts Service No. 355–46–4).
Threshold for reporting.—
In general.— Subject to subparagraph (B), the threshold for reporting the chemicals described in paragraph (1) under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023) is 100 pounds.
Revisions.— Not later than 5 years after the date of enactment of this Act, the Administrator shall—
determine whether revision of the threshold under subparagraph (A) is warranted for any chemical described in paragraph (1); and
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)).
Inclusion Following Assessment.—
In general.—
Date of inclusion.— Subject to subsection (e), notwithstanding section 313 of the Emergency Planning and Community Right-To-Know Act of 1986, a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances not described in subsection (b)(1) shall be deemed to be included in the toxics release inventory beginning January 1 of the calendar year after any of the following dates:
Final toxicity value.— The date on which the Administrator finalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
Significant new use rule.— The date on which the Administrator makes a covered determination for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
Addition to existing significant new use rule.— The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is added to a list of substances covered by a covered determination.
Addition as active chemical substance.— The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances to which a covered determination applies is—
added to the list published under paragraph (1) of section 8(b) of the Toxic Substances Control Act and designated as an active chemical substance under paragraph (5)(A) of such section; or
designated as an active chemical substance on such list under paragraph (5)(B) of such section.
Covered determination.— For purposes of this paragraph, a covered determination is a determination made, by rule, under section 5(a)(2) of the Toxic Substances Control Act that a use of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is a significant new use (except such a determination made in connection with a determination described in section 5(a)(3)(B) or section 5(a)(3)(C) of such Act).
Threshold for reporting.—
In general.— Subject to subparagraph (B), notwithstanding subsection (f)(1) of section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), the threshold for reporting under such section 313 the substances and classes of substances included in the toxics release inventory under paragraph (1) is 100 pounds.
Revisions.— Not later than 5 years after the date on which a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is included in the toxics release inventory under paragraph (1), the Administrator shall—
determine whether revision of the threshold under subparagraph (A) is warranted for the substance or class of substances; and
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)).
Inclusion Following Determination.—
In general.— Not later than 2 years after the date of enactment of this Act, the Administrator shall determine whether the substances and classes of substances described in paragraph (2) meet any one of the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics release inventory.
Substances described.— The substances and classes of substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances not described in subsection (b)(1), including—
perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] ammonium salt (Chemical Abstracts Service No. 908020–52–0);
2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts Service No. 2479–75–6);
2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propionic acid (Chemical Abstracts Service No. 2479–73–4);
3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] (Chemical Abstracts Service No. 919005–14–4);
the salts associated with the chemical described in subparagraph (D) (Chemical Abstracts Service Nos. 958445–44–8, 1087271–46–2, and NOCAS 892452);
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);
perfluorobutanesulfonic acid (Chemical Abstracts Service No. 375–73–5);
1–Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical Abstracts Service No. 29420–49–3);
the component associated with the chemical described in subparagraph (H) (Chemical Abstracts Service No. 45187–15–3);
heptafluorobutyric acid (Chemical Abstracts Service No. 375–22–4);
perfluorohexanoic acid (Chemical Abstracts Service No. 307–24–4);
the compound associated with the chemical described in subsection (b)(1)(F) identified by Chemical Abstracts Service No. 2062–98–8;
perfluoroheptanoic acid (commonly referred to as “PFHpA”) (Chemical Abstracts Service No. 375–85–9);
each perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances for which a method to measure levels in drinking water has been validated by the Administrator; and
a perfluoroalkyl and polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances other than the chemicals described in subparagraphs (A) through (N) that is used to manufacture fluorinated polymers, as determined by the Administrator.
Addition to toxics release inventory.— Subject to subsection (e), if the Administrator determines under paragraph (1) that a substance or a class of substances described in paragraph (2) meets any one of the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise the toxics release inventory in accordance with such section 313(d) to include that substance or class of substances not later than 2 years after the date on which the Administrator makes the determination.
Confidential Business Information.—
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—
review any such claim of protection from disclosure; and
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)).
Nondisclosure of protection information.— If the Administrator determines that the chemical identity of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances qualifies for protection from disclosure pursuant to paragraph (1), the Administrator shall include the substance or class of substances, as applicable, on the toxics release inventory in a manner that does not disclose the protected information.
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—
by striking the period at the end and inserting “ ; and”;
by striking “ are those chemicals” and inserting the following:
“(1) the chemicals”
; and
by adding at the end the following:
“(2) the chemicals included on such list under subsections (b)(1), (c)(1), and (d)(3) of section 7321 of the PFAS Act of 2019.”
Subtitle C USGS Performance Standard
SEC. 7331. Definitions.
In this subtitle:
Director.— The term “Director” means the Director of the United States Geological Survey.
Highly fluorinated compound.—
In general.— The term “highly fluorinated compound” means a perfluoroalkyl substance or a polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
Definitions.— In this paragraph:
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.
Perfluoroalkyl substance.— The term “perfluoroalkyl substance” means a chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
Polyfluoroalkyl substance.— The term “polyfluoroalkyl substance” means a chemical containing at least one fully fluorinated carbon atom and at least one carbon atom that is not a fully fluorinated carbon atom.
SEC. 7332. Performance Standard for the Detection of Highly Fluorinated Compounds.
In General.— The Director, in consultation with the Administrator, shall establish a performance standard for the detection of highly fluorinated compounds.
Emphasis.—
In general.— In developing the performance standard under subsection (a), the Director shall emphasize the ability to detect as many highly fluorinated compounds present in the environment as possible using validated analytical methods that—
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
are as sensitive as is feasible and practicable.
Requirement.— In developing the performance standard under subsection (a), the Director may—
develop quality assurance and quality control measures to ensure accurate sampling and testing;
develop a training program with respect to the appropriate method of sample collection and analysis of highly fluorinated compounds; and
coordinate as necessary with the Administrator, including, if appropriate, to develop methods to detect individual and different highly fluorinated compounds simultaneously.
SEC. 7333. Nationwide Sampling.
In General.— The Director shall carry out a nationwide sampling to determine the concentration of highly fluorinated compounds in estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, and soil using the performance standard developed under section 7332(a).
Requirements.— In carrying out the sampling under subsection (a), the Director shall—
first carry out the sampling at sources of drinking water near locations with known or suspected releases of highly fluorinated compounds;
when carrying out sampling of sources of drinking water under paragraph (1), carry out the sampling prior to and, at the request of the Administrator, after any treatment of the water;
survey for ecological exposure to highly fluorinated compounds, with a priority in determining direct human exposure through drinking water; and
consult with—
States to determine areas that are a priority for sampling; and
the Administrator—
to enhance coverage of the sampling; and
to avoid unnecessary duplication.
Report.— Not later than 120 days after the completion of the sampling under subsection (a), the Director shall prepare a report describing the results of the sampling and submit the report to—
the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate;
the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives;
the Senators of each State in which the Director carried out the sampling; and
each Member of the House of Representatives who represents a district in which the Director carried out the sampling.
SEC. 7334. Data Usage.
In General.— The Director shall provide the sampling data collected under section 7333 to—
the Administrator; and
other Federal and State regulatory agencies on request.
Usage.— The sampling data provided under subsection (a) shall be used to inform and enhance assessments of exposure, likely health and environmental impacts, and remediation priorities.
SEC. 7335. Collaboration.
Subtitle D Emerging Contaminants
SEC. 7341. Definitions.
In this subtitle:
Contaminant.— The term “contaminant” means any physical, chemical, biological, or radiological substance or matter in water.
Contaminant of emerging concern; emerging contaminant.— The terms “contaminant of emerging concern” and “emerging contaminant” mean a contaminant—
for which the Administrator has not promulgated a national primary drinking water regulation; and
that may have an adverse effect on the health of individuals.
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).
Technical assistance and support.— The term “technical assistance and support” includes—
assistance with—
identifying appropriate analytical methods for the detection of contaminants;
understanding the strengths and limitations of the analytical methods described in clause (i);
troubleshooting the analytical methods described in clause (i);
providing advice on laboratory certification program elements;
interpreting sample analysis results;
providing training with respect to proper analytical techniques;
identifying appropriate technology for the treatment of contaminants; and
analyzing samples, if—
the analysis cannot be otherwise obtained in a practicable manner otherwise; and
the capability and capacity to perform the analysis is available at a Federal facility.
Working group.— The term “Working Group” means the Working Group established under section 7342(b)(1).
SEC. 7342. Research and Coordination Plan for Enhanced Response on Emerging Contaminants.
In General.— The Administrator shall—
review Federal efforts—
to identify, monitor, and assist in the development of treatment methods for emerging contaminants; and
to assist States in responding to the human health risks posed by contaminants of emerging concern; and
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).
Interagency Working Group on Emerging Contaminants.—
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.
Membership.— The Working Group shall include representatives of the following:
The Environmental Protection Agency, appointed by the Administrator.
The following agencies, appointed by the Secretary of Health and Human Services:
The National Institutes of Health.
The Centers for Disease Control and Prevention.
The Agency for Toxic Substances and Disease Registry.
The United States Geological Survey, appointed by the Secretary of the Interior.
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.
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.
National Emerging Contaminant Research Initiative.—
Federal research strategy.—
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—
use the Federal research strategy to improve the identification, analysis, monitoring, and treatment methods of contaminants of emerging concern; and
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.
Research on emerging contaminants.— In carrying out subparagraph (A), the Director shall—
take into consideration consensus conclusions from peer-reviewed, pertinent research on emerging contaminants; and
in consultation with the Administrator, identify priority emerging contaminants for research emphasis.
Federal participation.— The agencies referred to in subparagraph (A) include—
the National Science Foundation;
the National Institutes of Health;
the Environmental Protection Agency;
the National Institute of Standards and Technology;
the United States Geological Survey; and
any other Federal agency that contributes to research in water quality, environmental exposures, and public health, as determined by the Director.
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.
Implementation of research recommendations.—
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—
issue a solicitation for research proposals consistent with the Federal research strategy and that agency’s mission; and
make grants to applicants that submit research proposals consistent with the Federal research strategy and in accordance with subparagraph (B).
Selection of research proposals.— The head of each agency described in paragraph (1)(C) shall select research proposals to receive grants under this paragraph on the basis of merit, using criteria identified by the head of each such agency, including the likelihood that the proposed research will result in significant progress toward achieving the objectives identified in the Federal research strategy.
Eligible entities.— Any entity or group of 2 or more entities may submit to the head of each agency described in paragraph (1)(C) a research proposal in response to the solicitation for research proposals described in subparagraph (A)(i), including, consistent with that agency’s grant policies—
State and local agencies;
public institutions, including public institutions of higher education;
private corporations; and
nonprofit organizations.
Federal Technical Assistance and Support for States.—
Study.—
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.
Contents of study.— In carrying out the study described in subparagraph (A), the Administrator shall identify—
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;
means to facilitate access to qualified contract testing laboratory facilities that conduct analyses for emerging contaminants; and
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.
Availability of analytical resources.— In carrying out the study described in subparagraph (A), the Administrator shall consider—
the availability of—
Federal and non-Federal laboratory capacity; and
validated methods to detect and analyze contaminants; and
other factors determined to be appropriate by the Administrator.
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).
Program to provide federal assistance to states.—
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.
Application.—
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.
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—
the laboratory facilities available to the State;
the availability and applicability of existing analytical methodologies;
the potency and severity of the emerging contaminant, if known; and
the prevalence and magnitude of the emerging contaminant.
Prioritization.— In selecting States to receive technical assistance and support under this paragraph, the Administrator—
shall give priority to States with affected areas primarily in financially distressed communities;
may—
waive the application process in an emergency situation; and
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
shall consider the relative expertise and availability of—
Federal and non-Federal laboratory capacity available to the State;
analytical resources available to the State; and
other types of technical assistance available to the State.
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—
is—
available to States and stakeholder groups determined by the Administrator to have scientific or material interest in emerging contaminants, including—
drinking water and wastewater utilities;
laboratories;
Federal and State emergency responders;
State primacy agencies;
public health agencies; and
water associations;
searchable; and
accessible through the website of the Administrator; and
includes a description of—
qualified contract testing laboratory facilities that conduct analyses for emerging contaminants; and
the resources available in Federal laboratory facilities to test for emerging contaminants.
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.
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.
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.
Effect.— Nothing in this section modifies any obligation of a State, local government, or Indian Tribe with respect to treatment methods for, or testing or monitoring of, drinking water.
Subtitle E Toxic Substances Control Act
SEC. 7351. Pfas Data Call.
Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended by adding at the end the following:
“(7) PFAS data.—Not later than January 1, 2023, the Administrator shall promulgate a rule in accordance with this subsection requiring each person who has manufactured a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance in any year since January 1, 2011, to submit to the Administrator a report that includes, for each year since January 1, 2011, the information described in subparagraphs (A) through (G) of paragraph (2).”
SEC. 7352. Significant New Use Rule for Long-Chain Pfas.
Not later than June 22, 2020, the Administrator shall take final action on the proposed rule entitled “Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule” (80 Fed. Reg. 2885 (January 21, 2015)).
Subtitle F Other Matters
SEC. 7361. Pfas Destruction and Disposal Guidance.
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—
aqueous film-forming foam;
soil and biosolids;
textiles, other than consumer goods, treated with perfluoroalkyl and polyfluoroalkyl substances;
spent filters, membranes, resins, granular carbon, and other waste from water treatment;
landfill leachate containing perfluoroalkyl and polyfluoroalkyl substances; and
solid, liquid, or gas waste streams containing perfluoroalkyl and polyfluoroalkyl substances from facilities manufacturing or using perfluoroalkyl and polyfluoroalkyl substances.
Considerations; Inclusions.— The interim guidance under subsection (a) shall—
take into consideration—
the potential for releases of perfluoroalkyl and polyfluoroalkyl substances during destruction or disposal, including through volatilization, air dispersion, or leachate; and
potentially vulnerable populations living near likely destruction or disposal sites; and
provide guidance on testing and monitoring air, effluent, and soil near potential destruction or disposal sites for releases described in paragraph (1)(A).
Revisions.— The Administrator shall publish revisions to the interim guidance under subsection (a) as the Administrator determines to be appropriate, but not less frequently than once every 3 years.
SEC. 7362. Pfas Research and Development.
In General.— The Administrator, acting through the Assistant Administrator for the Office of Research and Development, shall—
further examine the effects of perfluoroalkyl and polyfluoroalkyl substances on human health and the environment; and
make publicly available information relating to the findings under subparagraph (A);
develop a process for prioritizing which perfluoroalkyl and polyfluoroalkyl substances, or classes of perfluoroalkyl and polyfluoroalkyl substances, should be subject to additional research efforts that is based on—
the potential for human exposure to the substances or classes of substances;
the potential toxicity of the substances or classes of substances; and
information available about the substances or classes of substances;
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;
evaluate approaches for the remediation of contamination by perfluoroalkyl and polyfluoroalkyl substances in the environment; and
develop and implement new tools and materials to communicate with the public about perfluoroalkyl and polyfluoroalkyl substances.
Funding.— There is authorized to be appropriated to the Administrator to carry out this section $15,000,000 for each of fiscal years 2020 through 2024.
TITLE LXXIV Caesar Syria Civilian Protection Act of 2019
SEC. 7401. Short Title.
This title may be cited as the “Caesar Syria Civilian Protection Act of 2019”.
SEC. 7402. Statement of Policy.
It is the policy of the United States that diplomatic and coercive economic means should be utilized to compel the government of Bashar al-Assad to halt its murderous attacks on the Syrian people and to support a transition to a government in Syria that respects the rule of law, human rights, and peaceful co-existence with its neighbors.
Subtitle A Additional Actions in Connection With the National Emergency With Respect to Syria
SEC. 7411. Measures with Respect to Central Bank of Syria.
Determination Regarding Central Bank of Syria.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall determine, under section 5318A of title 31, United States Code, whether reasonable grounds exist for concluding that the Central Bank of Syria is a financial institution of primary money laundering concern.
Enhanced Due Diligence and Reporting Requirements.— If the Secretary of the Treasury determines under subsection (a) that reasonable grounds exist for concluding that the Central Bank of Syria is a financial institution of primary money laundering concern, the Secretary, in consultation with the Federal functional regulators (as defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)), shall impose one or more of the special measures described in section 5318A(b) of title 31, United States Code, with respect to the Central Bank of Syria.
Report Required.—
In general.— Not later than 90 days after making a determination under subsection (a) with respect to whether the Central Bank of Syria is a financial institution of primary money laundering concern, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that includes the reasons for the determination.
Form.— A report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
Appropriate congressional committees defined.— In this subsection, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
SEC. 7412. Sanctions with Respect to Foreign Persons That Engage in Certain Transactions.
Imposition of Sanctions.—
In general.— On and after the date that is 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to a foreign person if the President determines that the foreign person, on or after such date of enactment, knowingly engages in an activity described in paragraph (2).
Activities described.— A foreign person engages in an activity described in this paragraph if the foreign person—
knowingly provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with—
the Government of Syria (including any entity owned or controlled by the Government of Syria) or a senior political figure of the Government of Syria;
a foreign person that is a military contractor, mercenary, or a paramilitary force knowingly operating in a military capacity inside Syria for or on behalf of the Government of Syria, the Government of the Russian Federation, or the Government of Iran; or
a foreign person subject to sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to Syria or any other provision of law that imposes sanctions with respect to Syria;
knowingly sells or provides significant goods, services, technology, information, or other support that significantly facilitates the maintenance or expansion of the Government of Syria’s domestic production of natural gas, petroleum, or petroleum products;
knowingly sells or provides aircraft or spare aircraft parts that are used for military purposes in Syria for or on behalf of the Government of Syria to any foreign person operating in an area directly or indirectly controlled by the Government of Syria or foreign forces associated with the Government of Syria;
knowingly provides significant goods or services associated with the operation of aircraft that are used for military purposes in Syria for or on behalf of the Government of Syria to any foreign person operating in an area described in subparagraph (C); or
knowingly, directly or indirectly, provides significant construction or engineering services to the Government of Syria.
Sense of congress.— It is the sense of Congress that, in implementing this section, the President should consider financial support under paragraph (2)(A) to include the provision of loans, credits, or export credits.
Sanctions Described.—
In general.— The sanctions to be imposed with respect to a foreign person described in subsection (a) are the following:
Blocking of property.— The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
Ineligibility for visas, admission, or parole.—
Visas, admission, or parole.— An alien described in subsection (a) is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked.—
In general.— An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
Immediate effect.— A revocation under subclause (I) shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
Penalties.— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under section 7433(b) to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
Exceptions.— Sanctions under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
to carry out or assist law enforcement activity in the United States.
SEC. 7413. Strategy Relating to Areas of Syria in Which Civilians Are Subject to Forced Displacement.
In General.— Not later than 180 days after the date of the enactment of this Act, the President shall—
identify the areas described in subsection (b); and
submit to the appropriate congressional committees the strategy described in subsection (c).
Areas Described.— The areas described in this subsection are areas in Syria that the President determines—
are under the control of—
the Government of Syria;
the Government of the Russian Federation;
the Government of Iran; or
a foreign person described in section 7412(a)(2)(A)(ii); and
are areas in which civilians have been subject to forced displacement by—
a government specified in subparagraph (A), (B), or (C) of paragraph (1); or
a foreign person described in section 7412(a)(2)(A)(ii).
Strategy Described.— The strategy described in this subsection is a strategy to deter foreign persons from entering into contracts related to reconstruction in the areas described in subsection (b) for or on behalf of—
a government specified in subparagraph (A), (B), or (C) of subsection (b)(1); or
a foreign person described in section 7412(a)(2)(A)(ii).
Form.— The strategy required by subsection (a)(2) shall be submitted in unclassified form but may include a classified annex.
Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Foreign Relations of the Senate.
Subtitle B Assistance for the People of Syria
SEC. 7421. Sense of Congress.
It is the sense of Congress that it is in the interests of the United States to continue to provide assistance to the people of Syria in order to promote peace, stability, and development, including through multilateral organizations.
SEC. 7422. Briefing on Monitoring and Evaluating of Ongoing Assistance Programs in Syria and to the Syrian People.
In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the monitoring and evaluation of ongoing assistance programs in Syria and for the Syrian people, including assistance provided through multilateral organizations.
Matters To Be Included.— The briefing required by subsection (a) shall include a description of—
the specific project monitoring and evaluation efforts, including measurable goals and performance metrics for assistance in Syria;
the memoranda of understanding entered into by the Department of State, the United States Agency for International Development, and their respective Inspectors General, and the multilateral organizations through which United States assistance will be delivered that formalize requirements for the sharing of information between such entities for the conduct of audits, investigations, and evaluations; and
the major challenges to monitoring and evaluating programs described in subsection (a).
SEC. 7423. Assessment of Potential Methods to Enhance the Protection of Civilians.
In General.— Not later than 90 days after the date of the enactment of this Act, the President shall brief the appropriate congressional committees on the potential effectiveness, risks, and operational requirements of military and non-military means to enhance the protection of civilians inside Syria, especially civilians who are in besieged areas, trapped at borders, or internally displaced.
Consultation.— The briefing required by subsection (a) shall be informed by consultations with the Department of State, the United States Agency for International Development, the Department of Defense, and international and local humanitarian aid organizations operating in Syria.
Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
SEC. 7424. Assistance to Support Entities Taking Actions Relating to Gathering Evidence for Investigations into War Crimes or Crimes Against Humanity in Syria Since March 2011.
In General.— Except as provided in subsection (b), the Secretary of State, after consultation with the Attorney General and the heads of other appropriate Federal agencies, is authorized, consistent with the national interest, to provide assistance to support entities that are conducting criminal investigations, supporting prosecutions, or collecting evidence and preserving the chain of custody for such evidence for eventual prosecution, against those who have committed war crimes or crimes against humanity in Syria, including the aiding and abetting of such crimes by foreign governments and organizations supporting the Government of Syria, since March 2011.
Limitation.— No assistance may be provided under subsection (a) while President Bashar al-Assad remains in power—
to build the investigative or judicial capacities of the Government of Syria; or
to support prosecutions in the domestic courts in Syria.
Briefing.— Not later than one year after the date of the enactment of this Act, the Secretary of State shall brief the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on assistance provided under subsection (a).
SEC. 7425. Codification of Certain Services in Support of Nongovernmental Organizations’ Activities Authorized.
In General.— Except as provided in subsection (b), section 542.516 of title 31, Code of Federal Regulations (relating to certain services in support of nongovernmental organizations’ activities authorized), as in effect on the day before the date of the enactment of this Act, shall—
remain in effect on and after such date of enactment; and
in the case of a nongovernmental organization that is authorized to export or reexport services to Syria under such section on the day before such date of enactment, apply to such organization on and after such date of enactment to the same extent and in the same manner as such section applied to such organization on the day before such date of enactment.
Exception.—
In general.— Section 542.516 of title 31, Code of Federal Regulations, as codified under subsection (a), shall not apply with respect to a foreign person that has been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), or otherwise designated as a terrorist organization, by the Secretary of State, in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security.
Effective date.— Paragraph (1) shall apply with respect to a foreign person on and after the date on which the designation of that person as a terrorist organization is published in the Federal Register.
SEC. 7426. Briefing on Strategy to Facilitate Humanitarian Assistance.
In General.— Not later than 180 days after the date of the enactment of this Act, the President shall brief the appropriate congressional committees on the strategy of the President to help facilitate the ability of humanitarian organizations to access financial services to help facilitate the safe and timely delivery of assistance to communities in need in Syria.
Consideration of Data From Other Countries and Nongovernmental Organizations.— In preparing the strategy required by subsection (a), the President shall consider credible data already obtained by other countries and nongovernmental organizations, including organizations operating in Syria.
Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Subtitle C General Provisions
SEC. 7431. Suspension of Sanctions.
In General.— The President may suspend in whole or in part the imposition of sanctions otherwise required under this Act or the imposition of sanctions required by any amendment made by this title for renewable periods not to exceed 180 days if the President determines that the following criteria have been met in Syria:
The air space over Syria is no longer being utilized by the Government of Syria or the Government of the Russian Federation to target civilian populations through the use of incendiary devices, including barrel bombs, chemical weapons, and conventional arms (including air-delivered missiles and explosives).
Areas besieged by the Government of Syria, the Government of the Russian Federation, the Government of Iran, or a foreign person described in section 7412(a)(2)(A)(ii) are no longer cut off from international aid and have regular access to humanitarian assistance, freedom of travel, and medical care.
The Government of Syria is releasing all political prisoners forcibly held within the prison system of the regime of Bashar al-Assad and the Government of Syria is allowing full access to prison system facilities for investigations by appropriate international human rights organizations.
The forces of the Government of Syria, the Government of the Russian Federation, the Government of Iran, and any foreign person described in section 7412(a)(2)(A)(ii) are no longer engaged in deliberate targeting of medical facilities, schools, residential areas, and community gathering places, including markets, in violation of international norms.
The Government of Syria is—
taking steps to verifiably fulfill its commitments under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly known as the “Chemical Weapons Convention”), and the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483); and
making tangible progress toward becoming a signatory to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at Washington, London, and Moscow April 10, 1972, and entered into force March 26, 1975 (26 UST 583).
The Government of Syria is permitting the safe, voluntary, and dignified return of Syrians displaced by the conflict.
The Government of Syria is taking verifiable steps to establish meaningful accountability for perpetrators of war crimes in Syria and justice for victims of war crimes committed by the Assad regime, including through participation in a credible and independent truth and reconciliation process.
Briefing Required.— Not later than 30 days after the President makes a determination described in subsection (a), the President shall provide a briefing to the appropriate congressional committees on the determination and the suspension of sanctions pursuant to the determination.
Reimposition of Sanctions.— Any sanctions suspended under subsection (a) shall be reimposed if the President determines that the criteria described in that subsection are no longer being met.
Rule of Construction.— Nothing in this section shall be construed to limit the authority of the President to terminate the application of sanctions under section 7412 with respect to a person that no longer engages in activities described in subsection (a)(2) of that section.
Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.
SEC. 7432. Waivers and Exemptions.
Exemptions.— The following activities and transactions shall be exempt from sanctions authorized under this title or any amendment made by this title:
Any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States.
Any transaction necessary to comply with United States obligations under—
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
any other international agreement to which the United States is a party.
Waiver.—
In general.— The President may, for renewable periods not to exceed 180 days, waive the application of any provision of this title (other than section 7434) with respect to a foreign person if the President certifies to the appropriate congressional committees that such a waiver is in the national security interests of the United States.
Briefing.— Not later than 90 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver.
Humanitarian Waiver.—
In general.— The President may waive, for renewable periods not to exceed 2 years, the application of any provision of this title (other than section 7434) with respect to a nongovernmental organization providing humanitarian assistance not covered by the authorization described in section 7425 if the President certifies to the appropriate congressional committees that such a waiver is important to address a humanitarian need and is consistent with the national security interests of the United States.
Briefing.— Not later than 90 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver.
Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.
SEC. 7433. Implementation and Regulatory Authorities.
Implementation Authority.— The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this title and the amendments made by this title.
Regulatory Authority.— The President shall, not later than 180 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this title and the amendments made by this title.
SEC. 7434. Exception Relating to Importation of Goods.
In General.— The authorities and requirements to impose sanctions authorized under this title or the amendments made by this title shall not include the authority or a requirement to impose sanctions on the importation of goods.
Good Defined.— In this section, the term “good” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
SEC. 7435. Cost Limitation.
No additional funds are authorized to be appropriated to carry out the requirements of this title and the amendments made by this title. Such requirements shall be carried out using amounts otherwise authorized to be appropriated.
SEC. 7436. Rule of Construction.
Except for section 7434 with respect to the importation of goods, nothing in this title shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law.
SEC. 7437. Prohibition on Construction of Provisions of This Title as an Authorization for Use of Military Force.
Nothing in this title may be construed as an authorization for use of military force.
SEC. 7438. Sunset.
This title shall cease to be effective on the date that is 5 years after the date of the enactment of this Act.
TITLE LXXV Protecting Europe’s Energy Security
SEC. 7501. Short Title.
This title may be cited as the “Protecting Europe’s Energy Security Act of 2019”.
SEC. 7502. Sense of Congress.
It is the sense of Congress that—
the United States and Europe share a common history, a common identity, and common values built upon the principles of democracy, rule of law, and individual freedoms;
the United States has encouraged and admired the European project, which has resulted in a common market and common policies, has achieved unprecedented prosperity and stability on the continent, and serves as a model for other countries to reform their institutions and prioritize anticorruption measures;
the relationships between the United States and Europe and the United States and Germany are critical to the national security interests of the United States as well as to global prosperity and peace, and Germany in particular is a crucial partner for the United States in multilateral efforts aimed at promoting global prosperity and peace;
the United States should stand against any effort designed to weaken those relationships; and
Germany has demonstrated leadership within the European Union and in international fora to ensure that sanctions imposed with respect to the Russian Federation for its malign activities are maintained.
SEC. 7503. Imposition of Sanctions with Respect to Provision of Certain Vessels for the Construction of Certain Russian Energy Export Pipelines.
Report Required.—
In general.— Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that identifies, for the period specified in paragraph (2)—
vessels that engaged in pipe-laying at depths of 100 feet or more below sea level for the construction of the Nord Stream 2 pipeline project, the TurkStream pipeline project, or any project that is a successor to either such project; and
foreign persons that the Secretary of State, in consultation with the Secretary of the Treasury, determines have knowingly—
sold, leased, or provided those vessels for the construction of such a project; or
facilitated deceptive or structured transactions to provide those vessels for the construction of such a project.
Period specified.— The period specified in this paragraph is—
in the case of the first report required to be submitted by paragraph (1), the period beginning on the date of the enactment of this Act and ending on the date on which the report is submitted; and
in the case of any subsequent such report, the 90-day period preceding submission of the report.
Ineligibility for Visas, Admission, or Parole of Identified Persons and Corporate Officers.—
In general.—
Visas, admission, or parole.— An alien described in paragraph (2) is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked.—
In general.— The visa or other entry documentation of an alien described in paragraph (2) shall be revoked, regardless of when such visa or other entry documentation is or was issued.
Immediate effect.— A revocation under clause (i) shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
Aliens described.— An alien is described in this paragraph if the alien is—
a foreign person identified under subsection (a)(1)(B);
a corporate officer of a person described in subparagraph (A); or
a principal shareholder with a controlling interest in a person described in subparagraph (A).
Blocking of Property of Identified Persons.— The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of any person identified under subsection (a)(1)(B) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
Wind-down Period.— The President may not impose sanctions under this section with respect to a person identified in the first report submitted under subsection (a) if the President certifies in that report that the person has, not later than 30 days after the date of the enactment of this Act, engaged in good faith efforts to wind down operations that would otherwise subject the person to the imposition of sanctions under this section.
Exceptions.—
Exception for intelligence, law enforcement, and national security activities.— Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
Exception to comply with united nations headquarters agreement.— Sanctions under this section shall not apply with respect to the admission of an alien to the United States if the admission of the alien is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.
Exception for safety of vessels and crew.— Sanctions under this section shall not apply with respect to a person providing provisions to a vessel identified under subsection (a)(1)(A) if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
Exception for repair or maintenance of pipelines.— Sanctions under this section shall not apply with respect to a person for engaging in activities necessary for or related to the repair or maintenance of, or environmental remediation with respect to, a pipeline project described in subsection (a)(1)(A).
Exception relating to importation of goods.—
In general.— Notwithstanding any other provision of this section, the authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
Good defined.— In this paragraph, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
Waivers.—
National interest waiver for visa ban.— The President may waive the application of sanctions under subsection (b) with respect to an alien if the President—
determines that the waiver is in the national interests of the United States; and
submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.
National security waiver for economic and other sanctions.— The President may waive the application of sanctions under subsection (c) with respect to a person if the President—
determines that the waiver is in the national security interests of the United States; and
submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.
Implementation; Penalties.—
Implementation.— The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
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.
Termination and Sunset.— The authority to impose sanctions under this section with respect to a person involved in the construction of a pipeline project described in subsection (a)(1)(A), and any sanctions imposed under this section with respect to that project, shall terminate on the date that is the earlier of—
the date on which the President certifies to the appropriate congressional committees that appropriate safeguards have been put in place—
to minimize the ability of the Government of the Russian Federation to use that project as a tool of coercion and political leverage, including by achieving the unbundling of energy production and transmission so that entities owned or controlled by that Government do not control the transmission network for the pipeline; and
to ensure, barring unforeseen circumstances, that the project would not result in a decrease of more than 25 percent in the volume of Russian energy exports transiting through existing pipelines in other countries, particularly Ukraine, relative to the average monthly volume of Russian energy exports transiting through such pipelines in 2018; or
the date that is 5 years after the date of the enactment of this Act.
Definitions.— In this section:
Admission; admitted; alien.— The terms “admission”, “admitted”, and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
Foreign person.— The term “foreign person” means an individual or entity that is not a United States person.
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.
United states person.— The term “United States person” means—
a United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
any person within the United States.
TITLE LXXVI Other Matters
Subtitle A Federal Employee Paid Leave Act
SEC. 7601. Short Title.
This subtitle may be cited as the “Federal Employee Paid Leave Act”.
SEC. 7602. Paid Parental Leave under Title 5.
by striking “ An employee” and inserting “ (1) An employee”;
by striking “ subparagraph (A), (B), (C),” and inserting “ subparagraph (C),”; and
by adding at the end the following:
“(2)
(A) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose.
“(B) The paid leave that is available to an employee for purposes of subparagraph (A) is—
“(i) 12 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and
“(ii) during the 12-month period referred to in subsection (a)(1), and in addition to the 12 administrative workweeks under clause (i), any annual or sick leave accrued or accumulated by such employee under subchapter I.
“(C) Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B)(ii) before being allowed to use the paid parental leave described in subparagraph (B)(i).
“(D) Paid parental leave under subparagraph (B)(i)—
“(i) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency;
“(ii) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and
“(iii) if not used by the employee before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.
“(E) Nothing in this paragraph shall be construed to modify the requirement to complete at least 12 months of service as an employee (within the meaning of section 6381(1)(A)) before the date of the applicable birth or placement involved to be eligible for paid parental leave under subparagraph (B)(i) of this paragraph.
“(F)
(i) An employee may not take leave under this paragraph unless the employee agrees (in writing), before the commencement of such leave, to work for the applicable employing agency for not less than a period of 12 weeks beginning on the date such leave concludes.
“(ii) The head of the agency shall waive the requirement in clause (i) in any instance where the employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition (including mental health), related to the applicable birth or placement of a child, of the employee or the child.
“(iii) The head of the employing agency may require that an employee who claims to be unable to return to work because of a health condition described under clause (ii) provide certification supporting such claim by the health care provider of the employee or the child (as the case may be). The employee shall provide such certification to the head in a timely manner.
“(G)
(i) If an employee fails to return from paid leave provided under this paragraph after the date such leave concludes, the employing agency may recover, from such employee, an amount equal to the total amount of Government contributions paid by the agency under section 8906 on behalf of the employee for maintaining such employee’s health coverage under chapter 89 during the period of such leave.
“(ii) Clause (i) shall not apply to any employee who fails to return from such leave due to—
“(I) the continuation, recurrence, or onset of a serious health condition as described under, and consistent with the requirements of, subparagraph (F); or
“(II) any other circumstance beyond the control of the employee.”
Conforming Amendments.— Section 6382(a) is amended—
in paragraph (1), in the matter preceding subparagraph (A) by inserting “ and subsection (d)(2) of this section” after “ section 6383”; and
in paragraph (4), by striking “ During” and inserting “ Subject to subsection (d)(2), during”.
Effective Date.— The amendments made by this section shall not be effective with respect to any birth or placement occurring before October 1, 2020.
SEC. 7603. Paid Parental Leave for Congressional Employees.
Amendments to Congressional Accountability Act.— Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended—
in subsection (a)(1), by adding at the end the following: “ In applying section 102 of such Act with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act shall be subject to subsection (d) of this section.”;
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
by inserting after subsection (c) the following:
“(d) Special Rule for Paid Parental Leave.—
“(1) Substitution of paid leave.—A covered employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to such employee for that purpose.
“(2) Amount of paid leave.—The paid leave that is available to a covered employee for purposes of paragraph (1) is—
“(A) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under section 6382(d)(2)(B)(i) of title 5, United States Code; and
“(B) during the 12-month period referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and in addition to the administrative workweeks described in subparagraph (A), any additional paid vacation, personal, family, medical, or sick leave provided by the employing office to such employee.
“(3) Limitation.—Nothing in this section or section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall be considered to require or permit an employing office to require that an employee first use all or any portion of the leave described in paragraph (2)(B) before being allowed to use the paid parental leave described in paragraph (2)(A).
“(4) Additional rules.—Paid parental leave under paragraph (2)(A)—
“(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office;
“(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use; and
“(C) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5, United States Code, or section 104(c)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).”
Conforming Amendment.— Section 202(a)(2) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)) is amended by adding at the end the following: “ The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).”.
Effective Date.— The amendments made by this section shall not be effective with respect to any birth or placement occurring before October 1, 2020.
SEC. 7604. Conforming Amendment to Family and Medical Leave Act for Gao and Library of Congress Employees.
Amendment to Family and Medical Leave Act of 1993.— Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended—
in subsection (a)—
in paragraph (1), by inserting “ and subsection (d)(3)” after “ section 103”; and
in paragraph (4), by striking “ During” and inserting “ Subject to subsection (d)(3), during”; and
in subsection (d), by adding at the end the following:
“(3) Special rule for gao employees.—
“(A) Substitution of paid leave.—An employee of the Government Accountability Office may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose.
“(B) Amount of paid leave.—The paid leave that is available to an employee of the Government Accountability Office for purposes of subparagraph (A) is—
“(i) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under section 6382(d)(2)(B)(i) of title 5, United States Code; and
“(ii) during the 12-month period referred to in section 102(a)(1) and in addition to the administrative workweeks described in clause (i), any additional paid vacation, personal, family, medical, or sick leave provided by such employer.
“(C) Limitation.—Nothing in this section shall be considered to require or permit an employer to require that an employee first use all or any portion of the leave described in subparagraph (B)(ii) before being allowed to use the paid parental leave described in clause (i) of subparagraph (B).
“(D) Additional rules.—Paid parental leave under subparagraph (B)(i)—
“(i) shall be payable from any appropriation or fund available for salaries or expenses for positions with the Government Accountability Office;
“(ii) if not used by the employee of such employer before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use; and
“(iii) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5, United States Code or section 104(c)(2) of this Act.
“(4) Special rule for library of congress employees.—Consistent with section 101(a)(3)(J) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(a)(3)(J)), the rights and protections established by sections 101 through 105, including section 102(d)(3), shall apply to employees of the Library of Congress under section 202 of that Act (2 U.S.C. 1312).”
Conforming Amendment.— Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following:
“(E) GAO employees.—In the case of an employee of the Government Accountability Office, the requirements of subparagraph (A) shall not apply with respect to leave under section 102(a)(1)(A) or (B).”
Effective Date.— The amendments made by this section shall not be effective with respect to any birth or placement occurring before October 1, 2020.
SEC. 7605. Clarification for Members of the National Guard and Reserves.
Executive Branch Employees.— For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under section 6382(a) of title 5, United States Code, or to substitute such leave pursuant to subsection (d)(2)(A) of section 6382 of such title (as added by section 1102), any service by such employee on active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title.
Congressional Employees.— For purposes of determining the eligibility of a covered employee (as such term is defined in section 101(3) of the Congressional Accountability Act) who is a member of the National Guard or Reserves to take leave under section 102(a) of the Family and Medical Leave Act of 1993 (pursuant to section 202(a)(1) of the Congressional Accountability Act), any service by such employee on active duty (as defined in section 101(14) of the Family and Medical Leave Act of 1993) shall be counted as time during which such employee has been employed in an employing office for purposes of section 202(a)(2)(B) of the Congressional Accountability Act.
Gao and Library of Congress Employees.— For purposes of determining the eligibility of an employee of the Government Accountability Office or Library of Congress who is a member of the National Guard or Reserves to take leave under section 102(a) of the Family and Medical Leave Act of 1993, any service by such employee on active duty (as defined in section 101(14) of such Act) shall be counted as time during which such employee has been employed for purposes of section 101(2)(A) of such Act.
SEC. 7606. Conforming Amendment for Certain Tsa Employees.
Section 111(d)(2) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended to read as follows:
“(2) Exceptions.—
“(A) Reemployment.—In carrying out the functions authorized under paragraph (1), the Under Secretary shall be subject to the provisions set forth in chapter 43 of title 38, United States Code.
“(B) Leave.—The provisions of subchapter V of chapter 63 of title 5, United States Code, shall apply to any individual appointed under paragraph (1) as if such individual were an employee (within the meaning of subparagraph (A) of section 6381(1) of such title).”
Subtitle B Other Matters
SEC. 7611. Liberian Refugee Immigration Fairness.
Definitions.— In this section:
In general.— Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given the term in the immigration laws.
Immigration laws.— The term “immigration laws” has the meaning given the term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
Secretary.— The term “Secretary” means the Secretary of Homeland Security.
Adjustment of Status.—
In general.— Except as provided in paragraph (3), the Secretary shall adjust the status of an alien described in subsection (c) to that of an alien lawfully admitted for permanent residence if the alien—
applies for adjustment not later than 1 year after the date of the enactment of this Act;
is otherwise eligible to receive an immigrant visa; and
subject to paragraph (2), is admissible to the United States for permanent residence.
Applicability of grounds of inadmissibility.— In determining the admissibility of an alien under paragraph (1)(C), the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.
Exceptions.— An alien shall not be eligible for adjustment of status under this subsection if the Secretary determines that the alien—
has been convicted of any aggravated felony;
has been convicted of two or more crimes involving moral turpitude (other than a purely political offense); or
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.
Relationship of application to certain orders.—
In general.— An alien present in the United States who has been subject to an order of exclusion, deportation, removal, or voluntary departure under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order, submit an application for adjustment of status under this subsection if the alien is otherwise eligible for adjustment of status under paragraph (1).
Separate motion not required.— An alien described in subparagraph (A) shall not be required, as a condition of submitting or granting an application under this subsection, to file a separate motion to reopen, reconsider, or vacate an order described in subparagraph (A).
Effect of decision by secretary.—
Grant.— If the Secretary adjusts the status of an alien pursuant to an application under this subsection, the Secretary shall cancel any order described in subparagraph (A) to which the alien has been subject.
Denial.— If the Secretary makes a final decision to deny such application, any such order shall be effective and enforceable to the same extent that such order would be effective and enforceable if the application had not been made.
Aliens Eligible for Adjustment of Status.—
In general.— The benefits provided under subsection (b) shall apply to any alien who—
is a national of Liberia; and
has been continuously present in the United States during the period beginning on November 20, 2014, and ending on the date on which the alien submits an application under subsection (b); or
is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A).
Determination of continuous physical presence.— For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence based on one or more absences from the United States for one or more periods amounting, in the aggregate, of not more than 180 days.
Stay of Removal.—
In general.— The Secretary shall promulgate regulations establishing procedures by which an alien who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b).
During certain proceedings.—
In general.— Except as provided in subparagraph (B), notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may not order an alien to be removed from the United States if the alien—
is in exclusion, deportation, or removal proceedings under any provision of such Act; and
has submitted an application for adjustment of status under subsection (b).
Exception.— The Secretary may order an alien described in subparagraph (A) to be removed from the United States if the Secretary has made a final determination to deny the application for adjustment of status under subsection (b) of the alien.
Work authorization.—
In general.— The Secretary may—
authorize an alien who has applied for adjustment of status under subsection (b) to engage in employment in the United States during the period in which a determination on such application is pending; and
provide such alien with an “employment authorized” endorsement or other appropriate document signifying authorization of employment.
Pending applications.— If an application for adjustment of status under subsection (b) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable alien.
Record of Permanent Residence.— On the approval of an application for adjustment of status under subsection (b) of an alien, the Secretary shall establish a record of admission for permanent residence for the alien as of the date of the arrival of the alien in the United States.
Availability of Administrative Review.— The Secretary shall provide applicants for adjustment of status under subsection (b) with the same right to, and procedures for, administrative review as are provided to—
applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and
aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a).
Limitation on Judicial Review.—
In general.— A determination by the Secretary with respect to the adjustment of status of any alien under this section is final and shall not be subject to review by any court.
Rule of construction.— Nothing in paragraph (1) shall be construed to preclude the review of a constitutional claim or a question of law under section 704 of title 5, United States Code, with respect to a denial of adjustment of status under this section.
No Offset in Number of Visas Available.— The Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) to offset the adjustment of status of an alien who has been lawfully admitted for permanent residence pursuant to this section.
Application of Immigration and Nationality Act Provisions.—
Savings provision.— Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other law relating to immigration, nationality, or naturalization.
Effect of eligibility for adjustment of status.— The eligibility of an alien to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.
SEC. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma.
Definitions.— In this section:
Commission.— The term “Commission” means the Federal Energy Regulatory Commission.
Conservation pool.— The term “conservation pool” means all land and water of Grand Lake O’ the Cherokees, Oklahoma, below the flood pool.
Flood pool.— The term “flood pool” means all land and water of Grand Lake O’ the Cherokees, Oklahoma, allocated for flood control or navigation by the Secretary pursuant to section 7 of the Flood Control Act of 1944 (33 U.S.C. 709).
Project.— The term “project” means the Pensacola Hydroelectric Project (FERC No. 1494).
Secretary.— The term “Secretary” means the Secretary of the Army.
Conservation Pool Management.—
Federal land.— Notwithstanding section 3(2) of the Federal Power Act (16 U.S.C. 796(2)), any Federal land within the project boundary, including any right, title, or interest in or to land held by the United States for any purpose, shall not—
be subject to the first proviso in section 4(e) of the Federal Power Act (16 U.S.C. 797(e)); or
be considered to be—
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
land of the United States for purposes of section 24 of that Act (16 U.S.C. 818).
License conditions.—
In general.— Except as may be required by the Secretary to carry out responsibilities under section 7 of the Flood Control Act of 1944 (33 U.S.C. 709), the Commission or any other Federal or State agency shall not include in any license for the project any condition or other requirement relating to—
surface elevations of the conservation pool; or
the flood pool (except to the extent it references flood control requirements prescribed by the Secretary).
Exception.— Notwithstanding subparagraph (A), the project shall remain subject to the Commission’s rules and regulations for project safety and protection of human health.
Project scope.—
Licensing jurisdiction.— The licensing jurisdiction of the Commission for the project shall not extend to any land or water outside the project boundary.
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.
Boundary jurisdiction amendments.— The Commission may, consistent with the requirements of the Federal Power Act, amend the project boundary, only with the expressed written agreement of the project licensee. If the licensee does not agree to a project boundary change proposed by the Commission, the purposes and requirements of part I of the Federal Power Act (16 U.S.C. 791a et seq.) shall be deemed to be satisfied without the Commission’s proposed boundary or jurisdiction change.
Exclusive Jurisdiction of Flood Pool Management.— The Secretary shall have exclusive jurisdiction and responsibility for management of the flood pool for flood control operations at Grand Lake O’ the Cherokees.
Study of Upstream Infrastructure.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall initiate a study of infrastructure and lands upstream from the project to evaluate resiliency to flooding. Not later than one year after initiating the study, the Secretary shall issue a report advising local communities and State departments of transportation of any identified deficiencies and potential mitigation options.
Savings Provision.— Nothing in this section affects, with respect to the project—
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);
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);
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);
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);
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);
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);
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
any disaster assistance made available under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or other Federal disaster assistance program.
SEC. 7613. Limitation on Certain Rolling Stock Procurements; Cybersecurity Certification for Rail Rolling Stock and Operations.
Section 5323 of title 49, United States Code, is amended by adding at the end the following:
“(u) Limitation on Certain Rolling Stock Procurements.—
“(1) In general.—Except as provided in paragraph (5), financial assistance made available under this chapter shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock—
“(A) is incorporated in or has manufacturing facilities in the United States; and
“(B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
“(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
“(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and
“(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
“(2) Exception.—For purposes of paragraph (1), the term ‘otherwise related legally or financially’ does not include a minority relationship or investment.
“(3) International agreements.—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.
“(4) Certification for rail rolling stock.—
“(A) In general.—Except as provided in paragraph (5), as a condition of financial assistance made available in a fiscal year under section 5337, a recipient that operates rail fixed guideway service shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in paragraph (1).
“(B) Separate certification.—The certification required under this paragraph shall be in addition to any certification the Secretary establishes to ensure compliance with the requirements of paragraph (1).
“(5) Special rules.—
“(A) Parties to executed contracts.—This subsection, including the certification requirement under paragraph (4), shall not apply to the award of any contract or subcontract made by a public transportation agency with a rail rolling stock manufacturer described in paragraph (1) if the manufacturer and the public transportation agency have executed a contract for rail rolling stock before the date of enactment of this subsection.
“(B) Rolling stock.—Except as provided in subparagraph (C) and for a contract or subcontract that is not described in subparagraph (A), this subsection, including the certification requirement under paragraph (4), shall not apply to the award of a contract or subcontract made by a public transportation agency with any rolling stock manufacturer for the 2-year period beginning on or after the date of enactment of this subsection.
“(C) Exception.—Subparagraph (B) shall not apply to the award of a contract or subcontract made by the Washington Metropolitan Area Transit Authority.
“(v) Cybersecurity Certification for Rail Rolling Stock and Operations.—
“(1) Certification.—As a condition of financial assistance made available under this chapter, a recipient that operates a rail fixed guideway public transportation system shall certify that the recipient has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks.
“(2) Compliance.—For the process required under paragraph (1), a recipient of assistance under this chapter shall—
“(A) utilize the approach described by the voluntary standards and best practices developed under section 2(c)(15) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as applicable;
“(B) identify hardware and software that the recipient determines should undergo third-party testing and analysis to mitigate cybersecurity risks, such as hardware or software for rail rolling stock under proposed procurements; and
“(C) utilize the approach described in any voluntary standards and best practices for rail fixed guideway public transportation systems developed under the authority of the Secretary of Homeland Security, as applicable.
“(3) Limitations on statutory construction.—Nothing in this subsection shall be construed to interfere with the authority of—
“(A) the Secretary of Homeland Security to publish or ensure compliance with requirements or standards concerning cybersecurity for rail fixed guideway public transportation systems; or
“(B) the Secretary of Transportation under section 5329 to address cybersecurity issues as those issues relate to the safety of rail fixed guideway public transportation systems.”