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(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(A) the Committee on Foreign Relations 
and the Committee on Armed Services of the 
Senate; and 
(B) the Committee on Foreign Affairs and 
the Committee on Armed Services of the House 
of Representatives. 
SEC. 
1270J. 
PROHIBITION 
ON 
USE 
OF 
FUNDS 
FOR 
SHORTER- 
OR 
INTERMEDIATE-RANGE 
GROUND LAUNCHED BALLISTIC OR CRUISE 
MISSILE SYSTEMS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) Secretary of State Mike Pompeo’s February 
1, 2019, announcement of the decision of the United 
States to withdraw from the INF Treaty, without 
proper consultation with Congress, is a serious 
breach of Congress’s proper constitutional role as a 
co-equal branch of government; 
(2) United States withdrawal from the INF 
Treaty will free Russia to deploy greater quantities 
of the SSC–8 missile to the detriment of United 
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States national security and that of our allies in Eu-
rope and the Indo-Pacific region; 
(3) the North Atlantic Treaty Organization 
(NATO) alliance makes critical contributions to 
United States national security, and the failure to 
weigh the concerns of NATO allies risks weakening 
the joint resolve necessary to counter Russia’s ag-
gressive behavior; 
(4) as opposed to withdrawing from the INF 
Treaty, the United States should continue to ad-
vance other diplomatic, economic, and military meas-
ures outlined in the ‘‘Trump Administration INF 
Treaty Integrated Strategy’’ to resolve the concerns 
related to Russia’s violation of the INF Treaty and 
to reach agreement on measures to ensure the INF 
Treaty’s future viability; and 
(5) further, in lieu of withdrawing from the 
INF Treaty, the United States should look at op-
tions to expand arms control treaties to include 
China in an effort to limit its short- and inter-
mediate-range missiles. 
(b) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for the Department of Defense for fiscal year 2020 may 
be made available for the research, development, testing, 
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evaluation, procurement, or deployment of a United States 
shorter- or intermediate-range ground launched ballistic 
or cruise missile system with a range between 500 and 
5,500 kilometers until the following has been submitted 
to the appropriate committees of Congress: 
(1) A report from the Secretary of Defense, 
jointly with the Secretary of State and the Director 
of National Intelligence, that includes— 
(A) a detailed diplomatic proposal for ne-
gotiating an agreement to obtain the strategic 
stability benefits of the INF Treaty; 
(B) an assessment of the implications, in 
terms of the military threat to the United 
States and its allies in Europe and the Indo-Pa-
cific region, of Russian deployment of inter-
mediate-range cruise and ballistic missiles with-
out restriction; 
(C) identification of what types of tech-
nologies and programs the United States would 
need to pursue to offset the additional Russian 
capabilities, and at what cost; 
(D) identification of what mission require-
ments will be met by INF Treaty-type systems; 
and 
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(E) details regarding ramifications of a 
collapse of the INF Treaty on the ability to 
generate consensus among States Parties to the 
NPT Treaty ahead of the 2020 NPT Review 
Conference, and assesses the degree to which 
Russia will use the United States unilateral 
withdrawal to sow discord within the NATO al-
liance. 
(2) A copy or copies of at least one Memo-
randum of Understanding from a NATO or Indo- 
Pacific ally that commits it to host deployment of 
any such ballistic or cruise missile system on its own 
territory, and in the case of deployment on the Eu-
ropean continent, has the concurrence of the North 
Atlantic Council. 
(3) An unedited copy of an analysis of alter-
natives conducted by the Chairman of the Joint 
Chiefs of Staff and the Director of Cost Assessment 
and Program Evaluation that considers other bal-
listic or cruise missile systems, to include sea- and 
air-launched missiles, that could be deployed to meet 
current capability gaps due to INF Treaty restric-
tions, and further to include cost, schedule, and 
operational considerations. 
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(c) FORM.—The documents required by paragraphs 
(1), (2), and (3) of subsection (b) shall be submitted in 
unclassified form, but may contain a classified annex. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to authorize the use of funds de-
scribed in subsection (b) for the research, development, 
testing, evaluation, procurement, or deployment of INF 
Treaty-type systems in the United States or its territories. 
(e) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Af-
fairs of the House of Representatives. 
(2) INF TREATY.—The term ‘‘INF Treaty’’ 
means the Treaty between the United States of 
America and the Union of Soviet Socialist Republics 
on the Elimination of Their Intermediate-Range and 
Shorter-Range Missiles, together with the Memo-
randum of Understanding and Two Protocols, signed 
at Washington December 8, 1987, and entered into 
force June 1, 1988. 
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(3) NPT TREATY.—The term ‘‘NPT Treaty’’ 
means the Treaty on the Non-Proliferation of Nu-
clear Weapons, signed at Washington July 1, 1968. 
SEC. 1270K. REPORT ON IMPLICATIONS OF CHINESE MILI-
TARY PRESENCE IN DJIBOUTI. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
a report that contains a comprehensive strategy to address 
security concerns posed by the Chinese People’s Libera-
tion Army Support Base in Djibouti to United States mili-
tary installations and logistics chains in sub-Saharan Afri-
ca and the Middle East. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include the following: 
(1) An assessment of the potential military, in-
telligence, and logistical threats facing key regional 
United States military infrastructure, supply chains, 
and staging grounds due to the proximity of major 
Chinese military assets in Djibouti. 
(2) An assessment of the efforts taken by Camp 
Lemonnier to improve aviation safety in the after-
math of the recent Chinese military targeting of 
American flight crews with military-grade lasers. 
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(3) An assessment of Djibouti’s Chinese-held 
public debt and the strategic vulnerabilities such 
may present if China moves to claim the Port of 
Djibouti or other key logistical assets in repayment. 
(4) A description of the specific operational 
challenges facing United States military and supply 
chains in the Horn of Africa and the Middle East 
in the event that access to the strategically signifi-
cant Port of Djibouti becomes limited or lost in its 
entirety, as well as a comprehensive contingency 
strategy to maintain full operational capacity in 
AFRICOM and CENTCOM through other ports and 
transport hubs. 
(5) An identification of measures to mitigate 
risk of escalation between United States and Chinese 
military assets in Djibouti. 
(6) Any other matters the Secretary of Defense 
considers appropriate. 
(c) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
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(1) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee on 
Appropriations, and the Select Committee on Intel-
ligence of the Senate; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
Appropriations, and the Permanent Select Com-
mittee on Intelligence of the House of Representa-
tives. 
SEC. 1270L. REPORT ON EFFORTS TO COMBAT BOKO 
HARAM IN NIGERIA AND THE LAKE CHAD 
BASIN. 
(a) SENSE OF CONGRESS.—Congress— 
(1) strongly condemns the ongoing violence and 
the systematic gross human rights violations against 
the people of Nigeria and the Lake Chad Basin car-
ried out by Boko Haram; 
(2) expresses its support for the people of Nige-
ria and the Lake Chad Basin who wish to live in a 
peaceful, economically prosperous, and democratic 
region; and 
(3) calls on the President to support Nigerian, 
Lake Chad Basin, and international community ef-
forts to ensure accountability for crimes against hu-
manity committed by Boko Haram against the peo-
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ple of Nigeria and the Lake Chad Basin, particu-
larly the young girls kidnapped from Chibok and 
other internally displaced persons affected by the ac-
tions of Boko Haram. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Defense, the Secretary of State, and the Attorney 
General shall jointly submit to Congress a report on 
efforts to combat Boko Haram in Nigeria and the 
Lake Chad Basin. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) A description of initiatives undertaken 
by the Department of Defense to assist the 
Government of Nigeria and countries in the 
Lake Chad Basin to develop capacities to de-
ploy special forces to combat Boko Haram. 
(B) A description of United States activi-
ties to enhance the capacity of Nigeria and 
countries in the Lake Chad Basin to investigate 
and prosecute human rights violations per-
petrated against the people of Nigeria and the 
Lake Chad Basin by Boko Haram, al-Qaeda af-
filiates, and other terrorist organizations, in 
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order to promote respect for rule of law in Ni-
geria and the Lake Chad Basin. 
SEC. 1270M. REPORT ON SAUDI LED COALITION STRIKES IN 
YEMEN. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, and annually thereafter 
for two years, the Secretary of Defense, in consultation 
with the Secretary of State, shall submit to the appro-
priate congressional committees a report detailing the 
number of civilian casualties caused by the Saudi led coali-
tion in Yemen, including an assessment of the coalition 
members’ willingness and ability to prevent civilian casual-
ties. 
(b) MATTERS TO BE INCLUDED.—Each such report 
shall also contain information relating to whether— 
(1) coalition members followed the norms and 
practices the United States military employs to avoid 
civilian casualties and ensure proportionality; and 
(2) strikes executed by coalition members are in 
compliance with the United States’ interpretation of 
the laws governing armed conflict and proportion-
ality. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEE DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
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(1) the congressional defense committees; and 
(2) the Committee on Foreign Relations and 
the Select Committee on Intelligence of the Senate; 
and 
(3) the Committee on Foreign Affairs and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 1270N. PROHIBITION ON IN-FLIGHT REFUELING TO 
NON-UNITED STATES AIRCRAFT THAT EN-
GAGE IN HOSTILITIES IN THE ONGOING CIVIL 
WAR IN YEMEN. 
For the two-year period beginning on the date of the 
enactment of this Act, the Department of Defense may 
not provide in-flight refueling pursuant to section 2342 
of title 10, United States Code, or any other applicable 
statutory authority to non-United States aircraft that en-
gage in hostilities in the ongoing civil war in Yemen unless 
and until a declaration of war or a specific statutory au-
thorization for such use of United States Armed Forces 
has been enacted. 
SEC. 1270O. UNITED STATES STRATEGY FOR LIBYA. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of enactment of this Act, the President shall 
submit to the appropriate congressional committees a re-
port that contains a strategy for Libya. 
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(b) ELEMENTS.—The report required by subsection 
(a) shall include the following elements: 
(1) An explanation of the strategy for Libya, 
including a description of the ends, ways, and means 
inherent to the strategy. 
(2) An explanation of the legal authorities sup-
porting the strategy. 
(3) A detailed description of U.S. counterter-
rorism and security partnerships with Libyan actors. 
(4) A detailed description of Libyan security ac-
tors and an assessment of how those actors advance 
or undermine stability in Libya and or U.S. strategic 
interests in Libya. 
(5) A detailed description of how Libyan secu-
rity actors support or obstruct civilian authorities 
and U.N. led efforts towards a political settlement of 
the conflict. 
(6) A detailed description of the military activi-
ties of external actors in Libya, including Russia, 
Egypt, France, Qatar, the Kingdom of Saudi Ara-
bia, Turkey, and the United Arab Emirates, includ-
ing assessments of whether those activities: 
(A) have undermined progress towards sta-
bilization, including the United Nations-led ne-
gotiations; 
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(B) involve United States-origin equipment 
and violate contractual conditions of acceptable 
use of such equipment; or 
(C) violate or seek to violate the United 
Nations arms embargo on Libya imposed pur-
suant to United Nations Security Council Reso-
lution 1970 (2011). 
(7) A plan to integrate the United States diplo-
matic, development, military, and intelligence re-
sources necessary to implement the strategy. 
(8) A detailed description of the roles of the 
United States Armed Forces in supporting the strat-
egy. 
(9) Any other matters as the President con-
siders appropriate. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee on 
Appropriations, and the Select Committee on Intel-
ligence of the Senate; and 
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(2) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
Appropriations, and the Permanent Select Com-
mittee on Intelligence of the House of Representa-
tives. 
SEC. 1270P. SENSE OF CONGRESS RELATING TO MONGOLIA. 
It is the sense of Congress that— 
(1) the United States and Mongolia have a 
shared interest in supporting and preserving Mongo-
lia’s democracy, including Mongolia’s ability to pur-
sue an independent foreign policy, defend against 
threats to its sovereignty, and maintain territorial 
integrity; 
(2) Mongolia has consistently contributed forces 
to support United States combat operations in Iraq 
and Afghanistan and has a strong record of troop 
contributions to international peacekeeping missions; 
(3) as one of NATO’s nine ‘‘partners across the 
globe’’, Mongolia shares the United States’ vision of 
a rules-based order in the strategically important 
Indo-Pacific region; 
(4) the United States should continue to take 
steps to remain Mongolia’s preferred security part-
ner; 
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(5) defense cooperation, a strong military-to- 
military relationship, and increased interoperability 
between the United States and the armed forces of 
Mongolia are in the interest of the United States; 
and 
(6) annual multilateral military exercises in 
Mongolia support peacekeeping and humanitarian 
assistance and disaster response capacity of United 
States partners and allies, and further United States 
regional objectives. 
SEC. 1270Q. REPORT ON RELATIONSHIP BETWEEN LEBA-
NESE ARMED FORCES AND HIZBALLAH. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the President shall sub-
mit a report to Congress— 
(1) identifying all military officers, com-
manders, advisors, officials, or other personnel with 
significant influence over the policies or activities of 
the Lebanese Armed Forces who are members of, 
paid by, or significantly influenced by Hizballah; and 
(2) describing military activities conducted by 
the Lebanese Armed Forces to disarm Hizballah 
pursuant to United Nations Security Council Resolu-
tion (UNSCR) 1701 (2006). 
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(b) FORM.—The report required by subsection (a) 
shall be submitted in an unclassified form but may have 
a classified annex. 
SEC. 1270R. IMPOSITION OF SANCTIONS RELATING TO CEN-
TRAL AMERICA. 
(a) IN GENERAL.—No later than 180 days after the 
date of the enactment of this Act, the President shall im-
pose the sanctions described in subsection (b) on— 
(1) each of the individuals listed in the report 
provided by to Congress by the Department of State 
on April 3, 2019, pursuant to section 1287 of the 
John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115–232); and 
(2) each of the individuals listed in the report 
provided to Congress by the Department of State on 
May 15, 2019, pursuant to section 7019(d) of the 
Department of State, Foreign Operations, and Re-
lated Programs Appropriations Act, 2019 (division 
F of Public Law 116–6). 
(b) SANCTIONS
DESCRIBED.—The sanctions de-
scribed in this subsection are the sanctions described in 
section 1263(b) of the Global Magnitsky Human Rights 
Accountability Act (subtitle F of title XII of Public Law 
114–328; 22 U.S.C. 2656 note). 
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(c) WAIVER.—The President may waive the imposi-
tion of sanctions under this section if the President deter-
mines that such waiver would be in the national security 
interests of the United States. 
SEC. 1270S. PROHIBITION RELATING TO JOINT TASK FORCE 
WITH GUATEMALA. 
(a) IN GENERAL.—None of the funds authorized to 
be appropriated or otherwise made available by this Act 
may be made available to transfer or purchase vehicles for 
any joint task force including the Ministry of Defense or 
the Ministry of the Interior of Guatemala unless the Sec-
retary of Defense certifies to the appropriate congressional 
committees that such ministries have made a credible com-
mitment to use such equipment only for the uses for which 
they were intended. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Affairs of the House of Representatives; 
and 
(2) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Relations of the Senate. 
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SEC. 1270T. PROHIBITION ON USE OF FUNDS TO ESTABLISH 
ANY MILITARY INSTALLATION OR BASE FOR 
THE PURPOSE OF PROVIDING FOR THE PER-
MANENT STATIONING OF UNITED STATES 
ARMED FORCES IN SOMALIA. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available to the Department 
of Defense for fiscal year 2020 may be obligated or ex-
pended to establish any military installation or base for 
the purpose of providing for the permanent stationing of 
United States Armed Forces in Somalia. 
SEC. 1270U. REPORT ON HOSTILITIES INVOLVING UNITED 
STATES ARMED FORCES. 
(a) IN GENERAL.—The President shall report to the 
congressional defense committees, the Committee on For-
eign Relations of the Senate, and the Committee on For-
eign Affairs of the House of Representatives within 48 
hours any incident in which United States Armed Forces 
are involved in an attack or hostilities, including in an of-
fensive or defensive capacity, unless the President— 
(1) reports the incident within 48 hours pursu-
ant to section 4 of the War Powers Resolution (50 
U.S.C. 1543); or 
(2) has determined prior to the incident and re-
ported pursuant to section 1264 of the National De-
fense Authorization Act for Fiscal Year 2018 (50 
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U.S.C. 1549) that the United States Armed Forces 
involved in the incident would be operating under 
specific statutory authorization, within the meaning 
of section 5(b) of the War Powers Resolution (50 
U.S.C. 1544(b)). 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include, for each such inci-
dent— 
(1) the statutory and operational authorities 
under which the United States Armed Forces were 
operating, including any relevant executive orders 
and an identification of the operational activities au-
thorized under such executive orders; 
(2) the date, location, duration, and other par-
ties involved; 
(3) a description of the United States Armed 
Forces involved and the mission of such Armed 
Forces; 
(4) the numbers of any combatant casualties 
and civilian casualties; and 
(5) any other information the President deter-
mines appropriate. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
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SEC. 1270V. REPORTS AND BRIEFINGS ON USE OF MILI-
TARY FORCE AND SUPPORT OF PARTNER 
FORCES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and every 180 days 
thereafter, the President shall submit to the congressional 
defense committees, the Committee on Foreign Relations 
of the Senate, and the Committee on Foreign Affairs of 
the House of Representatives a report on specific actions 
taken pursuant to the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 et seq.) and 
support for partner forces against those nations or organi-
zations described in such law, during the preceding 180- 
day period. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include, with respect to the 
time period for which the report was submitted, the fol-
lowing: 
(1) A list of each nation or organization with 
respect to which force has been used pursuant to the 
Authorization for Use of Military Force, including 
the legal and factual basis for the determination 
that authority under such law applies with respect to 
each such nation or organization. 
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(2) An intelligence assessment of the risk to the 
United States posed by each such nation or organi-
zation. 
(3) A list of the countries in which operations 
were conducted pursuant such law. 
(4) A list of all lethal actions in which United 
States Armed Forces participated, including— 
(A) a delineation of whether any country in 
which such action occurred was or was not des-
ignated as an area of active hostilities; 
(B) the number of lawfully targetable indi-
viduals injured or killed and the number of 
high-value targets injured or killed for each 
such specific instance of lethal action; and 
(C) a description of the circumstances sur-
rounding each instance of a strike taken in So-
malia, Yemen, and any other country not des-
ignated an area of active hostilities that did not 
target a high value target. 
(5) A list of each partner force supported and 
each country in which United States Armed Forces 
have commanded, coordinated, participated in the 
movement of, accompanied, or otherwise supported 
foreign forces, irregular forces, groups, or individ-
uals on operations in which such forces, groups or 
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individuals have engaged in hostilities, either offen-
sively or defensively, including— 
(A) a delineation of instances in which 
such United States Armed Forces were or were 
not operating under the Authorization for Use 
of Military Force; 
(B) the purpose for which the United 
States Armed Forces were deployed to the 
country in which the use of force occurred, in-
cluding the program or funding authority under 
which such Armed Forces were operating; 
(C) a determination of whether the foreign 
forces, irregular forces, groups, or individuals 
against which such hostilities occurred are cov-
ered by the Authorization for Use of Military 
Force; 
(D) a description of the United States 
Armed Forces involvement in such hostilities, 
including whether the Armed Forces— 
(i) directed the operation that led to 
hostilities, and, if so, the objective of such 
operation; 
(ii) accompanied the partner force at 
any point during the mission or operation 
in which the hostilities occurred; 
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(iii) engaged directly in combat; or 
(iv) provided intelligence, reconnais-
sance, or surveillance, medivac, refueling, 
airlift, or any other type of enabling sup-
port to the partner forces during hos-
tilities. 
(6) A description of the actual and proposed 
contributions, including financing, equipment, train-
ing, troops, and logistical support, provided by each 
foreign country that participates in any international 
coalition with the United States to combat a nation 
or organization described in the Authorization for 
Use of Military Force. 
(c) FORM.—The information required under para-
graphs (1) and (2) of subsection (b) shall be submitted 
in unclassified form. 
(d) OTHER REPORTS.—If United States Armed 
Forces engage in hostilities, offensively or defensively, 
against any nation, organization, or person pursuant to 
statutory or constitutional authorities other than Author-
ization for Use of Military Force, the President shall com-
ply with the reporting requirements under— 
(1) this section to the same extent and in the 
same manner as if such actions had been taken 
under Authorization for Use of Military Force; 
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(2) the War Powers Resolution (50 U.S.C. 
1541 et seq.); and 
(3) any other applicable provision of law. 
(e) BRIEFINGS.—At least once during each 180-day 
period described in subsection (a), the President shall pro-
vide to the congressional defense committees, the Com-
mittee on Foreign Relations of the Senate, and the Com-
mittee on Foreign Affairs of the House of Representatives 
a briefing on the matters covered by the report required 
under this section for such period. 
SEC. 1270W. REPEAL OF AUTHORIZATION FOR THE USE OF 
MILITARY FORCE. 
The Authorization for Use of Military Force Against 
Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 
1541 note) is repealed. 
Subtitle H—Baltic Reassurance Act 
SEC. 1271. FINDINGS. 
Congress finds the following: 
(1) Russia seeks to diminish the North Atlantic 
Treaty Organization (NATO) and recreate its sphere 
of influence in Europe using coercion, intimidation, 
and outright aggression. 
(2) Deterring Russia from such aggression is 
vital for transatlantic security. 
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(3) The illegal occupation of Crimea by Russia 
and its continued engagement of destabilizing and 
subversive activities against independent and free 
states is of increasing concern. 
(4) Russia also continues to disregard treaties, 
international laws and rights to freedom of naviga-
tion, territorial integrity, and sovereign international 
borders. 
(5) Russia’s continued occupation of Georgian 
and Ukrainian territories and the sustained military 
buildup in Russia’s Western Military District and 
Kaliningrad has threatened continental peace and 
stability. 
(6) The Baltic countries of Estonia, Latvia, and 
Lithuania are particularly vulnerable to an increas-
ingly aggressive and subversive Russia. 
(7) In a declaration to celebrate 100 years of 
independence of Estonia, Latvia, and Lithuania 
issued on April 3, 2018, the Trump Administration 
reaffirmed United States commitments to these Bal-
tic countries to ‘‘improve military readiness and ca-
pabilities through sustained security assistance’’ and 
‘‘explore new ideas and opportunities, including air 
defense, bilaterally and in NATO, to enhance deter-
rence across the region’’. 
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(8) These highly valued NATO allies of the 
United States have repeatedly demonstrated their 
commitment to advancing mutual interests as well 
as those of the NATO alliance. 
(9) The Baltic countries also continue to par-
ticipate in United States-led exercises to further pro-
mote coordination, cooperation, and interoperability 
among allies and partner countries, and continue to 
demonstrate their reliability and commitment to pro-
vide for their own defense. 
(10) Lithuania, Latvia, and Estonia each hosts 
a respected NATO Center of Excellence that pro-
vides expertise to educate and promote NATO allies 
and partners in areas of vital interest to the alliance. 
(11) United States support and commitment to 
allies across Europe has been a lynchpin for peace 
and security on the continent for over 70 years. 
SEC. 1272. SENSE OF CONGRESS. 
It is the sense of Congress as follows: 
(1) The United States is committed to the secu-
rity of the Baltic countries and should strengthen 
cooperation and support capacity-building initiatives 
aimed at improving the defense and security of such 
countries. 
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(2) The United States should lead a multilat-
eral effort to develop a strategy to deepen joint ca-
pabilities with Lithuania, Latvia, Estonia, NATO al-
lies, and other regional partners, to deter against ag-
gression from Russia in the Baltic region, specifi-
cally in areas that would strengthen interoperability, 
joint capabilities, and military readiness necessary 
for Baltic countries to strengthen their national re-
silience. 
(3) The United States should explore the feasi-
bility of providing additional air and missile defense 
systems in the Baltic region, including through 
leveraging cost-sharing mechanisms and multilateral 
deployment with NATO allies to reduce financial 
burdens on host countries. 
SEC. 1273. DEFENSE ASSESSMENT. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Defense 
and the Secretary of State shall jointly conduct a com-
prehensive, multilateral assessment of the military re-
quirements of such countries to deter and resist aggres-
sion by Russia that— 
(1) provides an assessment of past and current 
initiatives to improve the efficiency, effectiveness, 
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readiness and interoperability of Lithuania, Latvia, 
and Estonia’s national defense capabilities; and 
(2) assesses the manner in which to meet those 
objectives, including future resource requirements 
and recommendations, by undertaking activities in 
the following areas: 
(A) Activities to increase the rotational 
and forward presence, improve the capabilities, 
and enhance the posture and response readiness 
of the United States or forces of NATO in the 
Baltic region. 
(B) Activities to improve air defense sys-
tems, including modern air-surveillance capabili-
ties. 
(C) Activities to improve counter-un-
manned aerial system capabilities. 
(D) Activities to improve command and 
control capabilities through increasing commu-
nications, technology, and intelligence capacity 
and coordination, including secure and hard-
ened communications. 
(E) Activities to improve intelligence, sur-
veillance, and reconnaissance capabilities. 
(F) Activities to enhance maritime domain 
awareness. 
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(G) Activities to improve military and de-
fense infrastructure, logistics, and access, par-
ticularly transport of military supplies and 
equipment. 
(H) Investments to ammunition stocks and 
storage. 
(I) Activities and training to enhance cyber 
security and electronic warfare capabilities. 
(J) Bilateral and multilateral training and 
exercises. 
(K) New and existing cost-sharing mecha-
nisms with United States and NATO allies to 
reduce financial burden. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Defense and 
the Secretary of State jointly shall submit to the appro-
priate congressional committees a report, which shall be 
submitted in unclassified form but may include a classified 
annex, that includes each of the following: 
(1) A report on the findings of the assessment 
conducted pursuant to subsection (a). 
(2) A list of any recommendations resulting 
from such assessment. 
(3) An assessment of the resource requirements 
to achieve the objectives described in subsection 
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(a)(1) with respect to the national defense capability 
of Baltic countries, including potential investments 
by host countries. 
(4) A plan for the United States to use appro-
priate security cooperation authorities or other au-
thorities to— 
(A) facilitate relevant recommendations in-
cluded in the list described in paragraph (2); 
(B) expand joint training between the 
Armed Forces and the military of Lithuania, 
Latvia, or Estonia, including with the participa-
tion of other NATO allies; and 
(C) support United States foreign military 
sales and other equipment transfers to Baltic 
countries especially for the activities described 
in subparagraphs (A) through (I) of subsection 
(a)(2). 
SEC. 1274. APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED. 
In this subtitle, the term ‘‘appropriate congressional 
committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Permanent Select 
Committee on Intelligence, and the Committee on 
Appropriations of the House of Representatives; and 
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(2) the Committee on Armed Services, the 
Committee on Foreign Relations, the Select Com-
mittee on Intelligence, and the Committee on Appro-
priations of the Senate. 
Subtitle I—Return Expenses Paid 
and Yielded Act 
SEC. 1281. SHORT TITLE. 
This subtitle may be cited as the ‘‘Return Expenses 
Paid and Yielded Act’’ or ‘‘REPAY Act’’. 
SEC. 1282. MODIFICATION OF CERTIFICATION AND REPORT 
REQUIREMENTS RELATING TO SALES OF 
MAJOR DEFENSE EQUIPMENT WITH RESPECT 
TO WHICH NONRECURRING COSTS OF RE-
SEARCH, DEVELOPMENT, AND PRODUCTION 
ARE WAIVED OR REDUCED UNDER THE ARMS 
EXPORT CONTROL ACT. 
(a) CERTIFICATION.—Section 36(b) of the Arms Ex-
port Control Act (22 U.S.C. 2776(b)) is amended by add-
ing at the end the following: 
‘‘(7)(A) In the case of any letter of offer to sell any 
major defense equipment for $14,000,000 or more, in ad-
dition to the other information required to be contained 
in a certification submitted to the Congress under this 
subsection, or a similar certification prior to finalization 
of a letter of offer to sell, each such certification shall in-
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clude the amount of any charge or charges for the propor-
tionate amount of any nonrecurring costs of research, de-
velopment, and production of the major defense equipment 
that was waived or reduced under section 21(e). 
‘‘(B) Each such certification shall also include infor-
mation on— 
‘‘(i) the type of waiver or reduction; 
‘‘(ii) the percentage of otherwise obligated non-
recurring costs with respect to which the waiver or 
reduction comprises; 
‘‘(iii) a justification for issuance of the waiver 
or reduction; 
‘‘(iv) in the case of a waiver or reduction made 
under paragraph (2)(A) of section 21(e)— 
‘‘(I) the manner in which a sale would sig-
nificantly advance standardization with the for-
eign countries or international organization de-
scribed in such section; and 
‘‘(II) the extent to which the sale’s signifi-
cance should be considered relative to the exist-
ing capabilities of the foreign country or inter-
national organization and the manner in which 
the major defense equipment would enhance the 
capacity of the country or organization in joint 
operations; and 
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‘‘(v) in the case of a waiver or reduction made 
under paragraph (2)(B) of section 21(e)— 
‘‘(I) the military needs and ability to pay 
of the foreign country or international organiza-
tion; 
‘‘(II) the price and capability of other rel-
evant options that are or likely would be consid-
ered by the foreign country or international or-
ganization for purchase in lieu of the major de-
fense equipment described in the letter of offer; 
and 
‘‘(III) the previous buying history and ex-
isting capabilities of the foreign country or 
international organization.’’. 
(b) REPORT.—Section 36(a) of the Arms Export 
Control Act (22 U.S.C. 2776(a)) is amended— 
(1) in paragraph (11), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (12), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(13) with respect to requests to waive or re-
duce nonrecurring costs with respect to the sale of 
major defense equipment for $14,000,000 or more 
under this Act, a report on— 
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‘‘(A) the total number of such requests 
that have been approved or denied during the 
quarter, including the total number of such re-
quests that are currently under review and 
pending a decision; and 
‘‘(B) for each such request— 
‘‘(i) an identification of the foreign 
country or international organization re-
questing the waiver or reduction; and 
‘‘(ii) the total amount of nonrecurring 
costs to be waived or reduced; 
‘‘(iii) a description of the major de-
fense equipment to be purchased; and 
‘‘(iv) the justification for the waiver or 
reduction; and 
‘‘(C) for each such request that is ap-
proved, the actual amount of nonrecurring costs 
that are waived or reduced that are attributable 
to quantities of major defense equipment sold 
under such request.’’. 
(c) REPEAL OF WAIVER AUTHORITY IN CASE OF 
SALES OF MAJOR DEFENSE EQUIPMENT ALSO BEING 
PROCURED
FOR
USE
BY
UNITED
STATES
ARMED 
FORCES.—Section 21(e)(2) of the Arms Export Control 
Act (22 U.S.C. 2761(e)(2)) is amended— 
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(1) in subparagraph (B)— 
(A) in the matter preceding clause (i)— 
(i) by striking ‘‘The President’’ and 
inserting ‘‘Except as provided subpara-
graphs (D) and (E), the President’’; and 
(ii) by striking ‘‘that—’’ and all that 
follows through ‘‘(i) imposition’’ and in-
serting ‘‘that imposition’’; 
(B) by striking ‘‘sale; or’’ and inserting 
‘‘sale.’’; and 
(C) by striking clause (ii); and 
(2) by inserting at the end the following new 
subparagraphs: 
‘‘(D) The President may not waive the charge 
or charges for a proportionate amount of any non-
recurring costs that would otherwise be considered 
appropriate under paragraph (1)(B) for a particular 
sale to a country or international organization for a 
two-year period that begins on any of the following 
dates: 
‘‘(i) The date of approval of a waiver 
under paragraph (1)(B) of a charge or charges 
that are valued at $16,000,000 or more under 
this Act with respect to a sale to the country 
or organization. 
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‘‘(ii) The date that is the last day of any 
five-year period in which the country or organi-
zation receives 15 or more waivers of a charge 
or charges under paragraph (1)(B) with respect 
to sales to the country or organization. 
‘‘(iii) The date that is the last day of any 
five-year period in which the country or organi-
zation receives waivers of a charge or charges 
under paragraph (1)(B) that are valued at 
$425,000,000 or more under this Act with re-
spect to sales to the country or organization. 
‘‘(E)(i) In the case of any proposed waiver of 
the charge or charges which would otherwise be con-
sidered appropriate under paragraph (1)(B) for a 
particular sale to a country or international organi-
zation of major defense equipment for $10,000,000 
or more under this Act, the President shall submit 
to the Speaker of the House of Representatives, the 
Committee on Foreign Affairs of the House of Rep-
resentatives, and to the chairman of the Committee 
on Foreign Relations of the Senate a notification 
with respect to such proposed waiver. 
‘‘(ii) The President may not waive such charge 
or charges if Congress, not later than 60 calendar 
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days after receiving such notification, enacts a joint 
resolution prohibiting the proposed waiver.’’. 
(d) MAXIMUM AGGREGATE AMOUNT OF CHARGES 
FOR ADMINISTRATIVE SERVICES.—Section 21(e) of the 
Arms Export Control Act (22 U.S.C. 2761(e)) is amend-
ed— 
(1) in paragraph (1), by inserting ‘‘subject to 
paragraph (4),’’ before ‘‘administrative services’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4)(A) For each fiscal year beginning on or 
after the date of the enactment of the Return Ex-
penses Paid and Yielded Act, the President shall— 
‘‘(i) determine a maximum aggregate 
amount of charges for administrative services 
that would be required by paragraph (1)(A) 
based on the ability of the Department of De-
fense to issue and administer letters of offer for 
sale of defense articles or the sale of defense 
services pursuant to this section or pursuant to 
section 22 of this Act; and 
‘‘(ii) submit to Congress a report that con-
tains the determination and specifies the max-
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imum aggregate amount of charges for adminis-
trative services. 
‘‘(B)(i) Except as provided in clause (ii), 
charges for administrative services that are required 
by paragraph (1)(A) may not exceed the maximum 
aggregate amount of charges for administrative serv-
ices determined under subparagraph (A) for the fis-
cal year involved. 
‘‘(ii) The President may waive the requirement 
of clause (i) on a case-by-case basis if the amount 
of charges for administrative services that are re-
quired by paragraph (1)(A) with respect to a sale of 
defense articles or a sale of defense services would 
exceed the maximum aggregate amount of charges 
for administrative services determined under sub-
paragraph (A) for the fiscal year.’’. 
(e) 
MODIFICATION
OF
ADMINISTRATIVE
EX-
PENSES.— 
(1) IN GENERAL.—Section 43(b) of the Arms 
Export Control Act (22 U.S.C. 2792(b) is amend-
ed— 
(A) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking ‘‘; and’’ 
and inserting a period; and 
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(C) by striking paragraph (3). 
(2) 
CONFORMING
AMENDMENT.—Section 
21(e)(1)(A) of the Arms Export Control Act (22 
U.S.C. 2761(e)(1)(A)) is amended by striking ‘‘and 
section 43(c)’’. 
(f) BIENNIAL REVIEW AND MODIFICATION OF USER 
CHARGES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Defense, acting 
through the Director of the Defense Security Co-
operation Agency, shall, not less than once every two 
years— 
(A) carry out a review of user charges 
under the foreign military sales program and, 
based on the results of the review, modify the 
user charges as appropriate; and 
(B) submit to the appropriate congres-
sional committees a report that contains the re-
sults of the review carried out under subpara-
graph (A) and a description of any user charges 
that, based on the results of the review, were 
modified under subparagraph (A). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
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(A) the Committee on Armed Services and 
the Committee on Foreign Affairs of the House 
of Representatives; and 
(B) the Committee on Armed Services and 
the Committee on Foreign Relations of the Sen-
ate. 
SEC. 1283. REVIEW AND REPORT ON USE AND MANAGE-
MENT 
OF 
ADMINISTRATIVE 
SURCHARGES 
UNDER THE FOREIGN MILITARY SALES PRO-
GRAM. 
(a) REVIEW.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Defense Security 
Cooperation Agency, shall review options for expand-
ing the use of administrative surcharges under the 
foreign military sales program, including practices 
for managing administrative surcharges and con-
tract administrative services surcharges. 
(2) MATTERS TO BE INCLUDED.—The review 
conducted under paragraph (1) shall include the fol-
lowing: 
(A) A determination of which specific ex-
penses are incurred by the United States Gov-
ernment in operation of the foreign military 
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sales program that the administrative surcharge 
does not currently pay for. 
(B) The estimated annual cost of each of 
such specific expenses. 
(C) An assessment of the costs and bene-
fits of funding such specific expenses through 
the administrative surcharge, including any 
data to support such an assessment. 
(D) An assessment of how the Department 
of Defense could calculate an upper bound of a 
target range for the administrative surcharge 
account and the contract administration serv-
ices surcharge account, including an assessment 
of the costs and benefits of setting such a 
bound. 
(E) An assessment of how the Department 
of Defense calculates the lower bound, or safety 
level, for the administrative surcharge account 
and the contract administration services sur-
charge account, including what specific factors 
inform the calculation and whether such a 
method for calculating the safety level is still 
valid or should be revisited. 
(F) An assessment of the process used by 
the Department of Defense to review and set 
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rates for the administrative surcharge and the 
contract administration services surcharge, in-
cluding the extent to which outside parties are 
consulted and any proposals of the Department 
of Defense may have for better ensuring that 
the fee rates are set appropriately. 
(G) Such other matters as the Secretary of 
Defense determines to be appropriate. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, 
acting through the Director of the Defense Security Co-
operation Agency, shall submit to the congressional de-
fense committees a report on— 
(1) the findings of the review conducted under 
paragraph (1); and 
(2) any legislative changes needed to allow the 
surcharge under the foreign military sales program 
to pay for any expenses currently not covered by ad-
ministrative surcharge under the foreign military 
sales program. 
SEC. 1284. PERFORMANCE MEASURES TO MONITOR FOR-
EIGN MILITARY SALES PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense, acting 
through the Director of the Defense Security Cooperation 
Agency and in consultation with the heads of other rel-
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