[Congressional Record Volume 161, Number 88 (Wednesday, June 3, 2015)]
[Senate]
[Pages S3686-S3728]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 1476. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. USE OF THE NATIONAL GUARD FOR SUPPORT OF CIVILIAN
FIREFIGHTING ACTIVITIES.
(a) Short Title.--This section may be cited as the
``Modular Airborne Firefighting System Flexibility Act''.
(b) Operational Use Authorized.--
(1) In general.--Chapter 1 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 116. Operational use: support for civilian
firefighting activities
``(a) Basis of Authority.--The authority in this section is
based on a recognition of the basic premises of the National
Incident Management System and the National Response
Framework that--
``(1) incidents are typically managed at the local level
first; and
``(2) local jurisdictions retain command, control, and
authority over response activities for their jurisdictional
areas.
``(b) Assistance to Civilian Firefighting Organizations
Authorized.--Members and units of the National Guard are
authorized to support firefighting operations, missions, or
activities, including aerial firefighting employment of the
Modular Airborne Firefighting System (MAFFS), undertaken in
support of a Federal or State agency or other civilian
authority.
``(c) Role of Governor and State Adjutant General.--For the
purposes of subsection (a)--
``(1) the Governor of a State shall be the principal
civilian authority; and
``(2) the adjutant general of the State--
``(A) shall be the principal military authority, when
acting in the adjutant general's State capacity; and
``(B) has the primary authority to mobilize members and
units of the National Guard of the State in any duty status
under this title the adjutant general considers appropriate
to employ necessary forces when funds to perform such
operations, missions, or activities are reimbursed.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by adding at
the end the following new item:
``116. Operational use: support for civilian firefighting
activities.''.
(c) Active Guard and Reserve (AGR) Support.--Section 328(b)
of such title is amended by inserting ``duty as specified in
section 116(b) of this title or may perform'' after
``subsection (a) may perform''.
(d) Federal Technician Support.--Section 709(a)(3) of such
is amended by inserting ``duty as specified in section 116(b)
of this title or'' after ``the performance of'' the first
place it appears.
______
SA 1477. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 344. REIMBURSEMENT OF STATES FOR LOSS OR DESTRUCTION OF
PROPERTY AS A RESULT OF FIRE CAUSED BY MILITARY
TRAINING OR OTHER ACTIONS IN THE UNITED STATES
OF THE ARMED FORCES OR THE DEPARTMENT OF
DEFENSE.
(a) Reimbursement Required.--
(1) In general.--The Secretary of Defense shall, upon
application by a State, reimburse the State for the
reasonable costs of the State for services provided in
connection with loss or destruction of property, or
mitigation of damage, loss, or destruction of property,
whether or not property of the State, and all fire
suppression costs, as a result of a fire caused by military
training or other actions in the United States of units or
members of the Armed Forces or employees of the Department of
Defense.
(2) Services covered.--Services reimbursable under this
subsection shall be limited to services proximately related
to the fire for which reimbursement is sought under this
subsection.
(b) Application.--Each application of a State for
reimbursement for costs under subsection (a) shall set forth
an itemized request of the services covered by the
application, including the costs of such services.
(c) Funds.--Reimbursements under subsection (a) shall be
made from amounts authorized to be appropriated for the
Department of Defense for operation and maintenance.
______
SA 1478. Mr. TILLIS (for himself, Mr. Inhofe, and Mr. Burr) submitted
an amendment intended to be proposed to amendment SA 1463 proposed by
Mr. McCain to the bill H.R. 1735, to authorize appropriations for
fiscal year 2016 for military activities of the Department of Defense
and for military construction, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 141. STATIONING OF C-130 H AIRCRAFT AVIONICS PREVIOUSLY
MODIFIED BY THE AVIONICS MODERNIZATION PROGRAM
(AMP) IN SUPPORT OF DAILY TRAINING AND
CONTINGENCY REQUIREMENTS FOR AIRBORNE AND
SPECIAL OPERATIONS FORCES.
The Secretary of the Air Force shall station aircraft
previously modified by the C-130 Avionics Modernization
Program (AMP) to support United States Army Airborne and
United States Army Special Operations Command daily training
and contingency requirements by the end of fiscal year 2017,
and such aircraft shall not be required to deploy in the
normal rotation of C-130 H units. The Secretary shall provide
such personnel as required to maintain and operate the
aircraft.
SEC. ----. FIELDING OF AMP MODIFIED C-130 H AIRCRAFT
Section 134 of the Carl Levin and Howard P. `Buck' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291) prohibits the Air Force from canceling
or modifying the C-130H AMP program of record. Elsewhere in
this Act the committee states that it expect the Air Force to
continue to execute AMP and field C-130H aircraft previously
upgraded by the AMP program until the Air Force provides a
concrete plan that describes the final modification
configuration for a restructured AMP program, a service cost
position, and a procurement and installation schedule that
would realistically support a fleet viability requirement.
The Air Force has resisted fielding the five previously
modified AMP aircraft or to install the previously purchased
installation kits to modify an additional four aircraft
because of the difficulties in training aircrews and
establishing logistics support, thereby negating the ability
to deploy these aircraft in the C-130 schedule rotation.
However, in order to comply with 134 of the Carl Levin and
Howard P. `Buck' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291) and stated
committee desires, the Air Force must continue fielding these
aircraft.
The five current AMP-modified C-130Hs, plus aircraft
modified with the four previously purchased installation kits
would be
[[Page S3687]]
ideal aircraft to support 18th Airborne Corps, 82nd Airborne
Division, and U.S. Army Special Operations Command training
and contingency requirements as they would primarily provide
training support to these units and not be required to deploy
in the normal rotation of C-130 units.
The committee believes the Air Force has expended
significant funds on the AMP program of record and therefore
should use due diligence to give the American taxpayer the
best return on scarce funding to maximize military
effectiveness.
______
SA 1479. Mr. TILLIS submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 884. REPORT ON DEVELOPMENT OF ULTRA LIGHT COMBAT
VEHICLE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with
the Secretary of the Army, shall submit to Congress a report
on the development of an Army Ultra Light Combat Vehicle
(ULCV) for use with light infantry brigades and with Special
Operations Forces.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An assessment whether the ULCV is a suitable candidate
for militarized commercial-off-the-shelf (COTS) purchase
rather than purpose-built, defense-only platforms, leveraging
existing global automotive supply chains to satisfy
requirements and performance specifications for the program.
(2) An assessment whether fielding such a program meets the
requirements of the Department of Defense's Better Buying
Directive.
______
SA 1480. Mrs. SHAHEEN (for herself and Ms. Ayotte) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
Insert after section 588 the following:
SEC. 588A. SENSE OF SENATE ON THE BEYOND THE YELLOW RIBBON
PROGRAM.
It is the sense of the Senate that--
(1) programs under the Beyond the Yellow Ribbon program
provide community-based outreach services that coordinate
state and local resources into a single network to offer
critical support to members of the Armed Forces before,
during, and after military service deployments;
(2) services under the Beyond Yellow Ribbon program include
substance abuse treatment, mental health, suicide prevention,
employment services, educational assistance, military sexual
assault referrals, health care, marriage and financial
counseling and other related services;
(3) programs under the Beyond Yellow Ribbon program have
helped thousands of members of the Armed Forces, veterans and
their family members cope with the challenges associated with
deployments and military service;
(4) programs under the Beyond the Yellow Ribbon program
have seen significant outcomes in areas including suicide
prevention, access to mental health care, homelessness
prevention, and access to employment for veterans; and
(5) the Beyond the Yellow Ribbon program has enduring
value; and
(6) the Department of Defense should identify permanent
funding and continue its support for the Beyond the Yellow
Ribbon program as the needs of our men and women in the Armed
Forces and their families for outreach and reintegration
services continue to increase.
______
SA 1481. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In the appropriate place please insert the following:
Sense of Senate.--It is the sense of the Senate that--
(1) the accidental transfer of suspected bacillus
anthracis, also known as anthrax, from an Army laboratory to
28 laboratories located in 12 states and three countries
discovered in April 2015 represents a serious safety lapse
and a potential threat to public health;
(2) the Department of Defense, in cooperation with the
Centers for Disease Control and Prevention and the Federal
Bureau of Investigation, should continue to investigate the
cause of this lapse and determine if protective protocols
should be strengthened;
(3) the Department of Defense should reassess standards on
a regular basis to ensure they are current and effective to
prevent a reoccurrence; and
(4) the Department of Defense should keep the relevant
defense committees apprised of the investigation, any
potential public health or safety risk, remedial actions
taken and plans to regularly reassess standards.
______
SA 1482. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 721. PROHIBITION ON CONDUCT OF CERTAIN MEDICAL RESEARCH
AND DEVELOPMENT PROJECTS.
The Secretary of Defense and each Secretary of a military
department shall not fund or conduct a medical research and
development project unless the Secretary funding or
conducting the project determines that the project is
directly designed to protect, enhance, or restore the health
and safety of members of the Armed Forces through the phases
of deployment, combat, recovery, and rehabilitation.
______
SA 1483. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 186, line 9, insert before the period at the end
the following: ``, including the use of contractor facilities
and equipment and qualified contract pilot trainers to
increase near-term throughput''.
______
SA 1484. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In title XVI, after subtitle A, insert the following:
Subtitle B--Defense Intelligence and Intelligence-related Activities
SEC. 1621. REPORT ON AIR NATIONAL GUARD CONTRIBUTIONS TO THE
RQ-4 GLOBAL HAWK MISSION.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Air
Force, in coordination with the Chief of Staff of the Air
Force and the Chief of the National Guard Bureau, shall
submit to Congress a report on the feasibility of using the
Air National Guard in association with the active duty Air
Force to operate and maintain the RQ-4 Global Hawk.
(b) Contents.--The report required by (a) shall include the
following:
(1) An assessment of the costs, training requirements, and
personnel required to create an association for the Global
Hawk mission consisting of members of the Air Force serving
on active duty and members of the Air National Guard.
(2) The capacity of the Air National Guard to support an
association described in paragraph (1).
______
SA 1485. Mr. HOEVEN (for himself and Mr. Tester) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. 1637. SENSE OF SENATE ON THE NUCLEAR FORCE IMPROVEMENT
PROGRAM OF THE AIR FORCE.
(a) Findings.--The Senates makes the following findings:
(1) On February 6, 2014, Air Force Global Strike Command
(AFGSC) initiated a force improvement program for the
Intercontinental Ballistic Missile (ICBM) force designed to
improve mission effectiveness, strengthen culture and morale,
and identify areas in need of investment by soliciting input
from airmen performing ICBM operations.
[[Page S3688]]
(2) The ICBM force improvement program generated more than
300 recommendations to strengthen ICBM operations and served
as a model for subsequent force improvement programs in other
mission areas, such as bomber operations and sustainment.
(3) On May 28, 2014, as part of the nuclear force
improvement program, the Air Force announced it would make
immediate improvements in the nuclear mission of the Air
Force, including enhancing career opportunities for airmen in
the nuclear career field, ensuring training activities
focused on performing the mission in the field, reforming the
personnel reliability program, establishing special pay rates
for positions in the nuclear career field, and creating a new
service medal for nuclear deterrence operations.
(4) Chief of Staff of the Air Force Mark Welsh has said
that, as part of the nuclear force improvement program, the
Air Force will increase nuclear-manning levels and strengthen
professional development for the members of the Air Force
supporting the nuclear mission of the Air Force in order ``to
address shortfalls and offer our airmen more stable work
schedule and better quality of life''.
(5) Secretary of the Air Force Deborah Lee James, in
recognition of the importance of the nuclear mission of the
Air Force, proposed elevating the grade of the commander of
the Air Force Global Strike Command from lieutenant general
to general, and on March 30, 2015, the Senate confirmed a
general as commander of that command.
(6) The Air Force redirected more than $160,000,000 in
fiscal year 2014 to alleviate urgent, near-term shortfalls
within the nuclear mission of the Air Force as part of the
nuclear force improvement program.
(7) The Air Force plans to spend more than $200,000,000 on
the nuclear force improvement program in fiscal year 2015,
and requested more than $130,000,000 for the program for
fiscal year 2016.
(8) Secretary of Defense Chuck Hagel said on November 14,
2014, that ``[t]he nuclear mission plays a critical role in
ensuring the Nation's safety. No other enterprise we have is
more important''.
(9) Secretary Hagel also said that the budget for the
nuclear mission of the Air Force should increase by 10
percent over a five-year period.
(10) Section 1652 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-201; 128 Stat. 3654; 10 U.S.C. 491 note)
declares it the policy of the United States ``to ensure that
the members of the Armed Forces who operate the nuclear
deterrent of the United States have the training, resources,
and national support required to execute the critical
national security mission of the members''.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the nuclear mission of the Air Force should be a top
priority for the Department of the Air Force and for
Congress;
(2) the members of the Air Force who operate and maintain
the Nation's nuclear deterrent perform work that is vital to
the security of the United States;
(3) the nuclear force improvement program of the Air Force
has made significant near-term improvements for the members
of the Air Force in the nuclear career field of the Air
Force;
(4) Congress should support long-term investments in the
Air Force nuclear enterprise that sustain the progress made
under the nuclear force improvement program;
(5) the Air Force should--
(A) regularly inform Congress on the progress being made
under the nuclear force improvement program and its efforts
to strengthen the nuclear enterprise; and
(B) make Congress aware of any additional actions that
should be taken to optimize performance of the nuclear
mission of the Air Force and maximize the strength of the
United States strategic deterrent; and
(6) future budgets for the Air Force should reflect the
importance of the nuclear mission of the Air Force and the
need to provide members of the Air Force assigned to the
nuclear mission the best possible support and quality of
life.
______
SA 1486. Mr. CORNYN (for himself, Mr. Hoeven, and Mr. Warner)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:
Purpose: To require reporting on energy security issues
involving Europe and the Russian Federation, and to express
the sense of Congress regarding ways the United States could
help vulnerable allies and partners with energy security.
At the end of subtitle D of title XII, add the following:
SEC. 1257. REPORTING ON ENERGY SECURITY ISSUES INVOLVING
EUROPE AND THE RUSSIAN FEDERATION.
(a) Additional Matters in Annual Report on Military and
Security Developments Involving the Russian Federation.--
Section 1245(b) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3566) is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following new
paragraph:
``(15) An assessment of Russia's ability to use energy
supplies, particularly natural gas and oil, as tools of
coercion or intimidation to undermine the security of NATO
members or other neighboring countries.''.
(b) Report on European Energy Security and Related
Vulnerabilities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of State,
shall submit to the appropriate congressional committees a
report assessing the energy security of NATO members, other
European nations who share a border with the Russian
Federation, and Moldova.
(2) Elements.--The report required under paragraph (1)
shall include assessments of the following issues:
(A) The extent of reliance by these nations on the Russian
Federation for supplies of oil and natural gas.
(B) Whether such reliance creates vulnerabilities that
negatively affect the security of those nations.
(C) The magnitude of those vulnerabilities.
(D) The impacts of those vulnerabilities on the national
security and economic interests of the United States.
(E) Any other aspect that the Director determines to be
relevant to these issues.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Foreign Relations of
the Senate; and
(B) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives.
SEC. ___. SENSE OF CONGRESS ON WAYS THE UNITED STATES COULD
HELP VULNERABLE ALLIES AND PARTNERS WITH ENERGY
SECURITY.
It is the sense of Congress that--
(1) the Energy Policy and Conservation Act of 1975 (Public
Law 94-163) gives the President discretion to allow crude oil
and natural gas exports that the President determines to be
consistent with the national interest;
(2) United States allies and partners in Europe and Asia
have requested access to United States oil and natural gas
exports to limit their vulnerability and to diversify their
supplies, including in the face of Russian aggression and
Middle East volatility; and
(3) the President should exercise existing authorities
related to natural gas and crude oil exports to help aid
vulnerable United States allies and partners, consistent with
the national interest.
______
SA 1487. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO
UNITED STATES ALLIES AND PARTNERS.
(a) In General.--Section 3(c) of the Natural Gas Act (15
U.S.C. 717b(c)) is amended--
(1) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Approval.--
``(1) In general.--For purposes'';
(2) in paragraph (1) (as so designated), by striking
``nation with which there is in effect a free trade agreement
requiring national treatment for trade in natural gas'' and
inserting ``foreign country described in paragraph (2)''; and
(3) by adding at the end the following:
``(2) Foreign country described.--A foreign country
referred to in paragraph (1) is--
``(A) a nation with which there is in effect a free trade
agreement requiring national treatment for trade in natural
gas;
``(B) a member country of the North Atlantic Treaty
Organization; or
``(C) Ukraine, Georgia, Moldova, Finland, India, or
Japan.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to applications for the
authorization to export natural gas under section 3 of the
Natural Gas Act (15 U.S.C. 717b) that are pending on, or
filed on or after, the date of enactment of this Act.
______
SA 1488. Mr. SULLIVAN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VI, add the following:
[[Page S3689]]
SEC. 608. SENSE OF SENATE ON MILITARY AND CIVILIAN PAY
RAISES.
(a) Finding.--The Senate finds that section 1009 of title
37, United States Code, specifies that the annual increase in
pay for members of the uniformed services shall equal the
employment cost index while section 5303 of title 5, United
States Code, provides that the amount of the annual increase
in pay for civilian employees of the Federal Government
should be equal to one half of one percent less than the
employment cost index.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the members of our uniformed services have earned a
higher annual increase in pay to reward them for the unique
challenges and hardships of their service to our country; and
(2) the annual increase in pay for members of the uniformed
services should exceed that of the annual increase in pay for
civilian employees of the Federal Government.
______
SA 1489. Mr. SULLIVAN (for himself, Ms. Murkowski, Mr. Schatz, Mr.
Moran, and Ms. Hirono) submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 832. MODIFICATIONS TO THE JUSTIFICATION AND APPROVAL
PROCESS FOR CERTAIN SOLE-SOURCE CONTRACTS FOR
SMALL BUSINESS CONCERNS.
(a) Repeal of Simplified Justification and Approval
Process.--Section 811 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2405)
is repealed.
(b) Requirements for Justification and Approval Process.--
(1) Defense procurements.--Section 2304(f)(2)(D)(ii) of
title 10, United States Code, is amended by inserting ``if
such procurement is for property or services in an amount
less than $20,000,000'' before the semicolon at the end.
(2) Civilian procurements.--Section 3304(e)(4) of title 41,
United States Code, is amended--
(A) in subparagraph (C), by striking ``or'' at the end;
(B) in subparagraph (D), by striking ``or section 8(a) of
the Small Business Act (15 U.S.C. 637(a)).'' and inserting
``; or''; and
(C) by adding at the end the following new subparagraph:
``(E) the procurement is for property or services in an
amount less than $20,000,000 and is conducted under section
8(a) of the Small Business Act (15 U.S.C. 637(a)).''.
______
SA 1490. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IV, add the following:
SEC. 403. MINIMUM NUMBER OF ARMY BRIGADE COMBAT TEAMS.
(a) In General.--Section 3062 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e)(1) Effective October 1, 2015, the Secretary of the
Army shall maintain a total number of brigade combat teams
for the regular and reserve components of the Army of not
fewer than 32 brigade combat teams.
``(2) In this subsection, the term ` brigade combat team'
means any unit that consists of--
``(A) an arms branch maneuver brigade;
``(B) its assigned support units; and
``(C) its assigned fire teams''.
(b) Limitation on Elimination of Army Brigade Combat
Teams.--
(1) Limitation.--The Secretary of the Army may not proceed
with any decision to reduce the number of brigade combat
teams for the regular Army to fewer than 32 brigade combat
teams.
(2) Additional limitation on retirement.--The Secretary may
not eliminate any brigade combat team from the brigade combat
teams of the regular Army as of the date of the enactment of
this Act until the later of the following:
(A) The date that is 30 days after the date on which the
Secretary submits the report required under paragraph (3).
(B) The date that is 30 days after the date on which the
Secretary certifies to the congressional defense committees
that--
(i) the elimination of Army brigade combat teams will not
increase the operational risk of meeting the National Defense
Strategy; and
(ii) the reduction of such combat teams does not reduce the
total number of brigade combat teams of the Army to fewer
than 32 brigade combat teams.
(3) Report on elimination of brigade combat teams.--The
Secretary shall submit to the congressional defense
committees a report setting forth the following:
(A) The rationale for any proposed reduction of the total
strength of the Army, including the National Guard and
Reserves, below the strength provided in subsection (e) of
section 3062 of title 10, United States Code (as amended by
subsection (a) of this section), and an operational analysis
of the total strength of the Army that demonstrates
performance of the designated mission at an equal or greater
level of effectiveness as the personnel of the Army so
reduced.
(B) An assessment of the implications for the Army, the
Army National Guard of the United States, and the Army
Reserve of the force mix ratio of Army troop strengths and
combat units after such reduction.
(C) Such other matters relating to the reduction of the
total strength of the Army as the Secretary considers
appropriate.
(c) Additional Reports.--
(1) In general.--At least 90 days before the date on which
the total strength of the Army, including the National Guard
and Reserves, is reduced below the strength provided in
subsection (e) of section 3062 of title 10, United States
Code (as amended by subsection (a) of this section), the
Secretary of the Army, in consultation with (where
applicable) the Director of the Army National Guard or Chief
of the Army Reserve, shall submit to the congressional
defense committees a report on the reduction.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) A list of each major combat unit of the Army that will
remain after the reduction, organized by division and
enumerated down to the brigade combat team-level or its
equivalent, including for each such brigade combat team--
(i) the mission it is assigned to; and
(ii) the assigned unit and military installation where it
is based.
(B) A list of each brigade combat team proposed for
disestablishment, including for each such unit--
(i) the mission it is assigned to; and
(ii) the assigned unit and military installation where it
is based.
(C) A list of each unit affected by a proposed
disestablishment listed under subparagraph (B) and a
description of how such unit is affected.
(D) For each military installation and unit listed under
subparagraph (B)(ii), a description of changes, if any, to
the designed operational capability (DOC) statement of the
unit as a result of a proposed disestablishment.
(E) A description of any anticipated changes in manpower
authorizations as a result of a proposed disestablishment
listed under subparagraph (B).
______
SA 1491. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1005. ECONOMICAL AND EFFICIENT OPERATION OF WORKING
CAPITAL FUND ACTIVITIES.
Section 2208(e) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following new paragraph:
``(2) The accomplishment of the most economical and
efficient organization and operation of working capital fund
activities for purposes of paragraph (1) shall include
actions toward the implementation of a workload plan that
optimizes the efficiency of the workforce operating within a
working capital fund activity and reduces the rate
structure.''.
______
SA 1492. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. AUTHORIZATION OF EXPORTATION OF CRUDE OIL TO
CERTAIN ALLIES AND PARTNERS OF THE UNITED
STATES.
Section 103(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6212(b)) is amended by adding at the end the
following:
``(3)(A) The President shall exempt from the rule
promulgated under paragraph (1) exports of crude oil from the
United States to countries that are allies and partners of
the United States and the energy security of which would be
enhanced by such exports, including members of the North
Atlantic Treaty Organization, Georgia, Ukraine, Finland,
Japan, and India.
``(B) If the President receives a request for exports of
crude oil produced in the United
[[Page S3690]]
States from the government of a country described in
subparagraph (A), the President shall approve the export of
such crude oil to that country not later than 60 days after
receiving the request if the President determines that the
export of such crude oil to that country is in the national
interest.''.
______
SA 1493. Mr. McCAIN (for himself, Mr. Blumenthal, and Mr. Wicker)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
Insert after section 342 the following:
SEC. 342A. PROHIBITION ON CONTRACTS TO FACILITATE PAYMENTS
FOR HONORING MEMBERS OF THE ARMED FORCES AT
SPORTING EVENTS.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the Army National Guard has paid professional sports
organizations to honor members of the Armed Forces;
(2) any organization wishing to honor members of the Armed
Forces should do so on a voluntary basis, and the Department
of Defense should take action to ensure that no payments be
made for such activities in the future; and
(3) any organization, including the National Football
League, that has accepted taxpayer funds to honor members of
the Armed Forces should consider directing an equivalent
amount of funding in the form of a donation to a charitable
organization that supports members of the Armed Forces,
veterans, and their families.
(b) Prohibition.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by inserting after section
2241a the following new section:
``Sec. 2241b. Prohibition on contracts providing payments for
activities to honor members of the armed forces
``(a) Prohibition.--The Department of Defense may not enter
into any contract or other agreement under which payments are
to be made in exchange for activities by the contractor
intended to honor, or giving the appearance of honoring,
members of the armed forces (whether members of the regular
components or the reserve components) at any form of sporting
event.
``(b) Construction.--Nothing in subsection (a) shall be
construed as prohibiting the Department from taking actions
to facilitate activities intended to honor members of the
armed forces at sporting events that are provided on a pro
bono basis if such activities are provided and received in
accordance with applicable rules and regulations regarding
the acceptance of gifts by the military departments, the
armed forces, and members of the armed forces.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended by inserting after the item relating to section 2241a
the following new item:
``2241b. Prohibition on contracts providing payments for activities to
honor members of the armed forces at sporting events.''.
______
SA 1494. Mrs. SHAHEEN (for herself, Mr. Leahy, Mr. Durbin, Mr. Brown,
Ms. Hirono, Mr. Blumenthal, Ms. Baldwin, Mr. Schatz, Mr. Peters, Mrs.
Gillibrand, Mr. Markey, Mr. Whitehouse, Mr. Coons, and Mr. Wyden)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. DEFINITION OF SPOUSE FOR PURPOSES OF VETERANS
BENEFITS TO REFLECT NEW STATE DEFINITIONS OF
SPOUSE.
(a) Spouse Defined.--Section 101 of title 38, United States
Code, is amended--
(1) in paragraph (3), by striking ``of the opposite sex'';
and
(2) by striking paragraph (31) and inserting the following
new paragraph:
``(31)(A) An individual shall be considered a `spouse' if--
``(i) the marriage of the individual is valid in the State
in which the marriage was entered into; or
``(ii) in the case of a marriage entered into outside any
State--
``(I) the marriage of the individual is valid in the place
in which the marriage was entered into; and
``(II) the marriage could have been entered into in a
State.
``(B) In this paragraph, the term `State' has the meaning
given that term in paragraph (20), except that the term also
includes the Commonwealth of the Northern Mariana Islands.''.
(b) Marriage Determination.--Section 103(c) of such title
is amended by striking ``according to'' and all that follows
through the period at the end and inserting ``in accordance
with section 101(31) of this title.''.
______
SA 1495. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
amendment no. 1495
In the appropriate place please insert the following:
SENSE OF SENATE.--It is the sense of the Senate that--
(1) the accidental transfer of suspected bacillus
anthracis, also known as anthrax, from an Army laboratory to
more than 28 laboratories located in at least 12 states and
three countries discovered in April 2015 represents a serious
safety lapse and a potential threat to public health;
(2) the Department of Defense, in cooperation with the
Centers for Disease Control and Prevention and the Federal
Bureau of Investigation, should continue to investigate the
cause of this lapse and determine if protective protocols
should be strengthened;
(3) the Department of Defense should reassess standards on
a regular basis to ensure they are current and effective to
prevent a reoccurrence; and
(4) the Department of Defense should keep Congress apprised
of the investigation, any potential public health or safety
risk, remedial actions taken and plans to regularly reassess
standards.
______
SA 1496. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. AUTHORIZATION OF EXPORTATION OF NATURAL GAS TO
CERTAIN ALLIES AND PARTNERS OF THE UNITED
STATES.
Section 103(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6212(b)) is amended by adding at the end the
following:
``(3)(A) The President shall exempt from the rule
promulgated under paragraph (1) exports of natural gas from
the United States to countries that are allies and partners
of the United States and the energy security of which would
be enhanced by such exports, including members of the North
Atlantic Treaty Organization, Georgia, Ukraine, Finland,
Japan, and India.
``(B) If the President receives a request for exports of
natural gas produced in the United States from the government
of a country described in subparagraph (A), the President
shall approve the export of such natural gas to that country
not later than 60 days after receiving the request if the
President determines that the export of such natural gas to
that country is in the national interest.''.
______
SA 1497. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1257. REPORT ON SECURITY CHALLENGES OF HYBRID WARFARE
TACTICS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
setting forth an assessment of the security challenges posed
by hybrid warfare tactics that combine conventional and
unconventional means, such as those used by the Russian
Federation in Crimea and eastern Ukraine, and their
implications for United States military doctrine,
organization, training, materiel, leadership and education,
and personnel and facilities.
(b) Elements.--The report under subsection (a) shall
address the following:
(1) The implications for mechanized and armored warfare.
(2) The implications of the use of information operations
to gain information dominance.
(3) The implications of the use of sophisticated electronic
warfare capabilities.
(4) The applicability of lessons learned from the conflict
in Ukraine to security challenges faced by other United
States combatant commands, including the United
[[Page S3691]]
States Pacific Command and the United States Central Command.
(5) Such other matters with respect to the security
challenges posed by the tactics described in subsection (a)
as the Secretary consider appropriate.
______
SA 1498. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 236. SENSE OF CONGRESS ON COMMON AIRBORNE SENSE AND
AVOID TECHNOLOGY ON UNMANNED AIRCRAFT SYSTEMS
OF DEPARTMENT OF DEFENSE.
It is the sense of the Congress that--
(1) timely integration and first article delivery of Common
Airborne Sense and Avoid technology on unmanned aircraft
systems of the Department of Defense is a key requirement to
ensuring greater access by the Department of Defense to the
airspace of the United States and sustaining United States
leadership in the unmanned aircraft systems industry;
(2) the technology described in paragraph (1) plays a
crucial role in the development of civil standards by the
Federal Aviation Administration, in coordination with the
efforts of unmanned aircraft systems test centers and the
National Aeronautics and Space Administration; and
(3) the Secretary of Defense and the Secretary of the Air
Force should fully support and fund continued research,
development, testing, integration, and first article delivery
of the technology described in paragraph (1) on unmanned
aircraft systems of the Department.
______
SA 1499. Mr. PORTMAN (for himself, Mr. Heinrich, and Mr. Toomey)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
On page 316, between lines 24 and 25, insert the following:
(3) Recommendations on how best to implement mental health
screenings for individuals enlisting or accessioning into the
Armed Forces before enlistment or accession.
______
SA 1500. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title I, add the following:
SEC. 141. BRIEFING ON RETIREMENT AND STORAGE OF AIR FORCE ONE
(VC-25) AIRCRAFT.
Not later than April 1, 2016, the Secretary of the Air
Force shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
Air Force's plan to retire and subsequently place into
storage the current fleet of Air Force One (VC-25) aircraft.
The briefing shall include an overview on the plan to move
one or both aircraft to a museum owned by the Department of
the Air Force upon their retirement from active service.
______
SA 1501. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 808, line 4, insert after ``level'' the following:
``and an estimate of the costs of downblending that
uranium''.
______
SA 1502. Mr. MORAN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XVI, add the following:
SEC. 1628. SENSE OF CONGRESS ON REVIEWING AND CONSIDERING
FINDINGS OF COUNCIL OF GOVERNORS ON CYBER
CAPABILITIES OF ARMED FORCES.
It is the sense of Congress that the Secretary of Defense
should, before reducing any cyber capabilities of an active
or reserve component of the Armed Forces, review and consider
findings from an assessment by the Council of Governors of
the synchronization of cyber capabilities in the active and
reserve components of the Armed Forces.
______
SA 1503. Mr. REID submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle D of title VI, add the
following:
SEC. 643. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR CERTAIN
MILITARY RETIREES WITH COMPENSABLE SERVICE-
CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees
With Service-Connected Disabilities Rated Less Than 50
Percent.--Subsection (a) of section 1414 of title 10, United
States Code, is amended by striking paragraph (2).
(b) Clerical Amendments.--
(1) The heading of such section is amended to read as
follows:
``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
payment of retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation.''.
(c) Effective Date.--The amendments made by this section
shall take effect on July 1, 2016, and shall apply to
payments for months beginning on or after that date.
SEC. 644. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.
(a) Amendments To Standardize Similar Provisions.--
(1) Qualified retirees.--Subsection (a) of section 1414 of
title 10, United States Code, as amended by section 626(a) of
this Act, is further amended--
(A) by striking ``a member or'' and all that follows
through ``retiree')'' and inserting ``a qualified retiree'';
and
(B) by adding at the end the following new paragraph:
``(2) Qualified retirees.--For purposes of this section, a
qualified retiree, with respect to any month, is a member or
former member of the uniformed services who--
``(A) is entitled to retired pay (other than by reason of
section 12731b of this title); and
``(B) is also entitled for that month to veterans'
disability compensation.''.
(2) Disability retirees.--Paragraph (2) of subsection (b)
of section 1414 of such title is amended to read as follows:
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a qualified retiree who is
retired under chapter 61 of this title with fewer than 20
years of creditable service is subject to reduction by the
lesser of--
``(A) the amount of the reduction under sections 5304 and
5305 of title 38; or
``(B) the amount (if any) by which the amount of the
member's retired pay under such chapter exceeds the amount
equal to 2\1/2\ percent of the member's years of creditable
service multiplied by the member's retired pay base under
section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(b) Effective Date.--The amendments made by this section
shall take effect on July 1, 2016, and shall apply to
payments for months beginning on or after that date.
______
SA 1504. Mr. REID submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle D of title VI, add the
following:
SEC. 643. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED
DISABILITIES.
(a) Restatement of Current Concurrent Payment Authority
With Extension of Payment Authority to Retirees With
Compensable Service-Connected Disabilities
[[Page S3692]]
Rated Less Than 50 Percent Disabling.--Subsection (a) of
section 1414 of title 10, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following
new paragraphs:
``(1) In general.--Subject to paragraphs (2), (3), and (4)
and subsection (b), a member or former member of the
uniformed services who is entitled for any month to retired
pay and who is also entitled for that month to veterans'
disability compensation for a service-connected disability or
combination of service-connected disabilities that is
compensable under the laws administered by the Secretary of
Veterans Affairs (hereinafter in this section referred to as
`qualified retiree') is entitled to be paid both for that
month without regard to sections 5304 and 5305 of title 38.
``(2) One-year phase-in for qualified retirees with total
disabilities.--During the period beginning on January 1,
2004, and ending on December 31, 2004, payment of retired pay
to a qualified retiree is subject to subsection (c) if the
qualified retiree is any of the following:
``(A) A qualified retiree receiving veterans' disability
compensation for a disability rated as 100 percent disabling
by the Secretary of Veterans Affairs.
``(B) A qualified retiree receiving veterans' disability
compensation at the rate payable for a disability rated as
100 percent disabling by reason of a determination of
individual unemployability.
``(3) 10-year phase-in for qualified retirees with
disabilities rated 50 percent disabling or higher.--During
the period beginning on January 1, 2004, and ending on
December 31, 2013, payment of retired pay to a qualified
retiree is subject to subsection (c) if the qualified retiree
is entitled to veterans' disability compensation for a
service-connected disability or combination of service-
connected disabilities that is rated not less than 50 percent
disabling by the Secretary of Veterans Affairs.
``(4) 10-year phase-in for qualified retirees with
compensable disabilities rated less than 50 percent
disabling.--During the period beginning on January 1, 2016,
and ending on December 31, 2025, payment of retired pay to a
qualified retiree is subject to subsection (d) if the
qualified retiree is entitled to veterans' disability
compensation for a service-connected disability or
combination of service-connected disabilities that is rated
less than 50 percent disabling by the Secretary of Veterans
Affairs but is compensable under the laws administered by the
Secretary of Veterans Affairs.''.
(b) Phase-in for Qualified Retirees With Compensable
Disabilities Rated Less Than 50 Percent Disabling.--Such
section is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Phase-in of Full Concurrent Receipt for Qualified
Retirees With Compensable Disabilities Rated Less Than 50
Percent Disabling.--During the period beginning on January 1,
2016, and ending on December 31, 2025, retired pay payable to
a qualified retiree that pursuant to subsection (a)(4) is
subject to this subsection shall be determined as follows:
``(1) Calendar year 2016.--For a month during 2016, the
amount of retired pay payable to a qualified retiree is the
amount (if any) of retired pay in excess of the current
baseline offset, plus $100.
``(2) Calendar year 2017.--For a month during 2017, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount specified in paragraph (1) for that
qualified retiree; and
``(B) 10 percent of the difference between (i) the current
baseline offset, and (ii) the amount specified in paragraph
(1) for that member's disability.
``(3) Calendar year 2018.--For a month during 2018, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (2) for that
qualified retiree; and
``(B) 20 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (2) for that qualified retiree.
``(4) Calendary year 2018.--For a month during 2019, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (3) for that
qualified retiree; and
``(B) 30 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (3) for that qualified retiree.
``(5) Calendar year 2020.--For a month during 2020, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (4) for that
qualified retiree; and
``(B) 40 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (4) for that qualified retiree.
``(6) Calendar year 2021.--For a month during 2021, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (5) for that
qualified retiree; and
``(B) 50 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (5) for that qualified retiree.
``(7) Calendar year 2022.--For a month during 2022, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (6) for that
qualified retiree; and
``(B) 60 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (6) for that qualified retiree.
``(8) Calendar year 2023.--For a month during 2023, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (7) for that
qualified retiree; and
``(B) 70 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (7) for that qualified retiree.
``(9) Calendar year 2024.--For a month during 2024, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (8) for that
qualified retiree; and
``(B) 80 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (8) for that qualified retiree.
``(10) Calendar year 2025.--For a month during 2025, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (9) for that
qualified retiree; and
``(B) 90 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (9) for that qualified retiree.
``(11) General limitation.--Retired pay determined under
this subsection for a qualified retiree, if greater than the
amount of retired pay otherwise applicable to that qualified
retiree, shall be reduced to the amount of retired pay
otherwise applicable to that qualified retiree.''.
(c) Conforming Amendments to Phase-in for Qualified
Retirees With Disabilities Rated 50 Percent Disabling or
Higher.--Subsection (c) of such section is amended--
(1) in the subsection caption, by inserting ``for Qualified
Retirees With Disabilities Rated 50 Percent Disabling or
Higher'' after ``Full Concurrent Receipt''; and
(2) by striking ``the second sentence of subsection
(a)(1)'' and inserting ``subsection (a)(3)''.
(d) Clerical Amendments.--
(1) The heading of such section is amended to read as
follows:
``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
payment of retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation.''.
(e) Effective Date.--The amendments made by this section
shall take effect on December 31, 2015, and shall apply to
payments for months beginning on or after that date.
SEC. 644. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.
(a) Amendment To Standardize Similar Provisions.--Paragraph
(2) of section 1414(b) of title 10, United States Code, is
amended to read as follows:
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a qualified retiree who is
retired under chapter 61 of this title with fewer than 20
years of creditable service is subject to reduction by the
lesser of--
``(A) the amount of the reduction under sections 5304 and
5305 of title 38; or
``(B) the amount (if any) by which the amount of the
member's retired pay under such chapter exceeds the amount
equal to 2\1/2\ percent of the member's years of creditable
service multiplied by the member's retired pay base under
section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2015, and shall apply to
payments for months beginning on or after that date.
______
SA 1505. Mr. REID submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle D of title VI, add the
following:
SEC. 643. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR MILITARY
RETIREES WITH SERVICE-CONNECTED DISABILITIES
RATED 40 PERCENT DISABLING.
(a) In General.--Subsection (a)(2) of section 1414 of title
10, United States Code, is amended by striking ``means'' and
all that follows and inserting ``means the following:
``(A) During the period beginning on January 1, 2004, and
ending on June 30, 2015, a service-connected disability or
combination of service-connected disabilities that is rated
as not less than 50 percent disabling by the Secretary of
Veterans Affairs.
``(B) After June 30, 2015, a service-connected disability
or combination of service-
[[Page S3693]]
connected disabilities that is rated as not less than 40
percent disabling by the Secretary of Veterans Affairs.''.
(b) Clerical Amendments.--
(1) The heading of such section is amended to read as
follows:
``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation rated 40
percent or higher: concurrent payment of retired pay and
disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation rated 40 percent or
higher: concurrent payment of retired pay and disability
compensation.''.
(c) Effective Date.--The amendments made by this section
shall take effect on July 1, 2015, and shall apply to
payments for months beginning on or after that date.
SEC. 644. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.
(a) Amendment To Standardize Similar Provisions.--Paragraph
(2) of section 1414(b) of title 10, United States Code, is
amended to read as follows:
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a qualified retiree who is
retired under chapter 61 of this title with fewer than 20
years of creditable service is subject to reduction by the
lesser of--
``(A) the amount of the reduction under sections 5304 and
5305 of title 38; or
``(B) the amount (if any) by which the amount of the
member's retired pay under such chapter exceeds the amount
equal to 2\1/2\ percent of the member's years of creditable
service multiplied by the member's retired pay base under
section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2015, and shall apply to
payments for months beginning on or after that date.
______
SA 1506. Mr. TILLIS (for himself, Mr. Inhofe, and Mr. Burr) submitted
an amendment intended to be proposed to amendment SA 1463 proposed by
Mr. McCain to the bill H.R. 1735, to authorize appropriations for
fiscal year 2016 for military activities of the Department of Defense
and for military construction, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:
At the end of subtitle B of title I, add the following:
SEC. 141. STATIONING OF C-130 H AIRCRAFT AVIONICS PREVIOUSLY
MODIFIED BY THE AVIONICS MODERNIZATION PROGRAM
(AMP) IN SUPPORT OF DAILY TRAINING AND
CONTINGENCY REQUIREMENTS FOR AIRBORNE AND
SPECIAL OPERATIONS FORCES.
The Secretary of the Air Force shall station aircraft
previously modified by the C-130 Avionics Modernization
Program (AMP) to support United States Army Airborne and
United States Army Special Operations Command daily training
and contingency requirements by the end of fiscal year 2017,
and such aircraft shall not be required to deploy in the
normal rotation of C-130 H units. The Secretary shall provide
such personnel as required to maintain and operate the
aircraft.
______
SA 1507. Mr. PORTMAN (for himself and Mr. McCain) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1258. APPROVAL OF EXPORT LICENCES AND LETTERS OF REQUEST
TO ASSIST THE GOVERNMENT OF UKRAINE.
(a) In General.--
(1) Export license applications.--The Secretary of State
shall provide the specified congressional committees a
detailed list of all export license applications, including
requests for marketing licenses, for the sale of defense
articles and defense services to Ukraine. The list shall
include the date when the application or request was first
submitted, the current status of each application or request,
and the estimated timeline for adjudication of such
applications or requests. The Secretary shall give priority
to processing these applications and requests.
(2) Letters of request.--The Secretary of State shall also
provide the specified congressional committees a detailed
list of all pending Letters of Request for Foreign Military
Sales to Ukraine, including the date when the letter was
first submitted, the current status, and the estimated
timeline for adjudication of such letters.
(b) Reports.--Not later than 30 days after the date of the
enactment of this Act, and every 90 days thereafter, the
Secretary of State shall submit to the specified
congressional committees a report outlining the status of the
applications, requests for marketing licenses and Letters of
Request described under subsection (a). The report shall
terminate upon certification by the President that the
sovereignty and territorial integrity of the Government of
Ukraine has been restored or 5 years after the date of the
enactment of this Act, whichever occurs first.
(c) Specified Congressional Committees Defined.--In this
subsection, the term ``specified congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
______
SA 1508. Mr. HELLER (for himself and Mr. Casey) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle B of title V, add the following:
SEC. 515. PHYSICAL EXAMINATIONS FOR MEMBERS OF THE RESERVE
COMPONENTS WHO ARE SEPARATING FROM THE ARMED
FORCES.
Section 1145 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Physical Examinations for Members of Reserve
Components.--(1) The Secretary concerned shall provide a
physical examination pursuant to subsection (a)(5) to each
member of a reserve component who--
``(A) will not otherwise receive such an examination under
such subsection; and
``(B) elects to receive such a physical examination.
``(2) The Secretary concerned shall--
``(A) provide the physical examination under paragraph (1)
to a member during the 90-day period before the date on which
the member is scheduled to be separated from the armed
forces; and
``(B) issue orders to such a member to receive such
physical examination.
``(3) A member may not be entitled to health care benefits
pursuant to subsection (a), (b), or (c) solely by reason of
being provided a physical examination under paragraph (1).
``(4) In providing to a member a physical examination under
paragraph (1), the Secretary concerned shall provide to the
member a record of the physical examination.''.
______
SA 1509. Mr. HELLER (for himself and Mr. Casey) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. INCREASED COOPERATION BETWEEN THE DEPARTMENT OF
DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS
TO IMPROVE PROCESSING OF CLAIMS FOR VETERANS
BENEFITS.
(a) Procedures.--
(1) In general.--The Secretary of Veterans Affairs and the
Secretary of Defense shall jointly develop and implement
procedures to improve the timely provision to the Secretary
of Veterans Affairs of such information as the Secretary
requires to process claims submitted to the Secretary for
benefits under laws administered by the Secretary.
(2) Timely provision.--The procedures developed and
implemented under paragraph (1) shall ensure that the
information provided to the Secretary of Veterans Affairs is
provided to the Secretary not later than 30 days after the
date on which the Secretary requests the information.
(b) Annual Reports.--Not less frequently than once each
year, the Secretary of Veterans Affairs shall submit to
Congress a report on--
(1) the requests for information made by the Secretary
during the most recent one-year period for information from
the Secretary of Defense required by the Secretary of
Veterans Affairs to process claims submitted to the Secretary
for benefits under laws administered by the Secretary; and
(2) the timeliness of responses to such requests.
______
SA 1510. Mr. HELLER (for himself and Mr. Casey) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016
[[Page S3694]]
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle C of title VII, add the following:
SEC. 738. REPORT ON INTEROPERABILITY BETWEEN ELECTRONIC
HEALTH RECORDS SYSTEMS OF DEPARTMENT OF DEFENSE
AND DEPARTMENT OF VETERANS AFFAIRS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to Congress a report
that sets forth a timeline with milestones for achieving
interoperability between the electronic health records
systems of the Department of Defense and the Department of
Veterans Affairs.
______
SA 1511. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 265, strike line 15 and insert the following:
result of the implementation of the plan;
(C) an assessment whether the privatized defense commissary
system under the plan can sustain the current savings to
patrons of the defense commissary system;
(D) an assessment of the impact that privatization of the
defense commissary system under the plan would have on all
eligible beneficiaries;
(E) an assessment whether the privatized defense commissary
system under the plan can sustain the continued operation of
existing commissaries; and
(F) an assessment whether privatization of the defense
commissary system is feasible for overseas commissaries.
______
SA 1512. Mr. HELLER (for himself and Ms. Hirono) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. DETERMINATION OF CERTAIN SERVICE IN PHILIPPINES
DURING WORLD WAR II.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs and such military
historians as the Secretary of Defense considers appropriate,
shall establish a process to determine whether a covered
individual served as described in subsection (a) or (b) of
section 107 of title 38, United States Code, for purposes of
determining whether such covered individual is eligible for
benefits described in such subsections.
(b) Covered Individuals.--For purposes of this section, a
covered individual is any individual who--
(1) claims service described in subsection (a) or (b) of
section 107 of title 38, United States Code; and
(2) is not included in the Approved Revised Reconstructed
Guerilla Roster of 1948, known as the ``Missouri List''.
(c) Prohibition on Benefits for Disqualifying Conduct Under
New Process.--The process established under subsection (a)
shall include a mechanism to ensure that a covered individual
is not treated as an individual eligible for a benefit
described in subsection (a) or (b) of section 107 of such
title if such covered individual engaged in any disqualifying
conduct during service described in such subsections,
including collaboration with the enemy or criminal conduct.
______
SA 1513. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 524. ESTABLISHMENT OF PROCESS BY WHICH MEMBERS OF THE
ARMED FORCES MAY CARRY A CONCEALED PERSONAL
FIREARM ON A MILITARY INSTALLATION.
(a) Process Required.--The Secretary of Defense, taking
into consideration the views of senior leadership of military
installations in the United States, shall establish a process
by which the commander of a military installation in the
United States may authorize a member of the Armed Forces who
is assigned to duty at the installation to carry a concealed
personal firearm on the installation if the commander
determines it to be necessary as a personal-protection or
force-protection measure.
(b) Relation to State and Local Law.--In establishing the
process under subsection (a) for a military installation, the
commander of the installation shall consult with elected
officials of the State and local jurisdictions in which the
installation is located and take into consideration the law
of the State and such jurisdictions regarding carrying a
concealed personal firearm.
(c) Member Qualifications.--To be eligible to be authorized
to carry a concealed personal firearm on a military
installation pursuant to the process established under
subsection (a), a member of the Armed Forces--
(1) must complete any training and certification required
by any State in which the installation is located that would
permit the member to carry concealed in that State;
(2) must not be subject to disciplinary action under the
Uniform Code of Military Justice for any offense that could
result in incarceration or separation from the Armed Forces;
(3) must not be prohibited from possessing a firearm
because of conviction of a crime of domestic violence; and
(4) must meet such service-related qualification
requirements for the use of firearms, as established by the
Secretary of the military department concerned.
(d) State Defined.--In this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
______
SA 1514. Mr. ROUNDS submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. REPORT ON FUTURE MIX OF AIRCRAFT PLATFORMS FOR THE
ARMED FORCES.
(a) Report on Study Required.--The Secretary of Defense
shall submit to Congress a report setting forth the results
of a study, to be performed by an organization or entity
independent of the Department of Defense selected by the
Secretary for purposes of this section, that determines the
following:
(1) An optimized future mix of shorter range fighter-class
strike aircraft and long-range strike aircraft platforms for
the Armed Forces.
(2) An appropriate future mix of manned aerial platforms
and unmanned aerial platforms for the Armed Forces.
(b) Considerations in Determining Mix.--The mixes
determined pursuant to the study shall be determined taking
into account relevant portions of the defense strategy,
critical assumptions, priorities, force-sizing construct, and
cost.
(c) Nonduplication of Effort.--If any information required
under subsection (a) has been included in another report or
notification previously submitted to Congress by law, the
Secretary may provide a list of such reports and
notifications at the time of submitting the report required
by subsection (a) in lieu of including such information in
the report required by subsection (a).
______
SA 1515. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. ELIGIBILITY FOR INTERMENT IN NATIONAL CEMETERIES.
(a) In General.--Section 2402(a) of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(10) Any individual--
``(A) who--
``(i) was naturalized pursuant to section 2(1) of the Hmong
Veterans' Naturalization Act of 2000 (Public Law 106-207; 8
U.S.C. 1423 note); and
``(ii) at the time of the individual's death resided in the
United States; or
``(B) who--
``(i) the Secretary determines served with a special
guerrilla unit or irregular forces operating from a base in
Laos in support of the Armed Forces of the United States at
any time during the period beginning February 28, 1961, and
ending May 7, 1975; and
``(ii) at the time of the individual's death--
``(I) was a citizen of the United States or an alien
lawfully admitted for permanent residence in the United
States; and
``(II) resided in the United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to an individual dying on or after
the date of the enactment of this Act.
[[Page S3695]]
______
SA 1516. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. CODIFICATION IN LAW OF ESTABLISHMENT AND DUTIES OF
THE OFFICE OF COMPLEX ADMINISTRATIVE
INVESTIGATIONS IN THE NATIONAL GUARD BUREAU.
(a) In General.--There is in the Office of the Chief of the
National Guard Bureau the Office of Complex Administrative
Investigations (in this section referred to as the
``Office'').
(b) Direction and Supervision.--The Office shall be under
the direction and supervision of the Chief of the National
Guard Bureau.
(c) Duties.--
(1) In general.--The duties of the Office shall be to
undertake complex administrative investigations of matters
relating to members of the National Guard when in State
status, including investigations of sexual assault involving
a member of the National Guard in such status, upon the
request of any of the following:
(A) The Chief of the National Guard Bureau.
(B) An adjutant general of a State or territory or the
District of Columbia.
(C) The governor of a State or territory, or the Commanding
General of the National Guard of the District of Columbia.
(2) Complex administrative investigations.--For purposes of
this subsection, a complex administrative investigation is
any investigation (as specified by the Chief of the National
Guard Bureau for purposes of this section) involving factors
giving rise to unusual complexity in investigation, including
the following:
(A) Questions of jurisdiction between the United States and
a State or territory.
(B) Matters requiring specialized training among
investigating officers.
(C) Matters raising the need for an independent
investigation in order to ensure fairness and impartiality in
investigation.
(3) Matters relating to members of the national guard in
state status.--The determination whether or not a matter
relates to a member of the National Guard when in State
status for purposes of this section shall be made by the
Chief of the National Guard Bureau in accordance with
criteria specified by the Chief of the National Guard Bureau
for purposes of this section.
(d) Chief of National Guard Bureau Treatment of Final
Reports.--The Chief of the National Guard Bureau shall treat
any final report of the Office on a matter under this section
as if such report were the report of an Inspector General of
the Department of Defense or a military department on such
matter.
(e) Reports to Congress.--
(1) Submittal of final reports to congressional
delegations.--Upon the adoption by the Office of a final
report on an investigation undertaken by the Office pursuant
to this section, the Chief of the National Guard Bureau shall
submit such report (with any personally identifying
information appropriately redacted) to the members of
Congress from the State or territory concerned.
(2) Annual reports.--The Chief of the National Guard Bureau
shall submit to Congress each year a report on the
investigations undertaken by the Office pursuant to this
section during the preceding year. Each report shall include,
for the year covered by such report, the following:
(A) A summary description of the investigations undertaken
during such year, including any trends in matters subject to
investigation and in findings as a result of investigations.
(B) Information, set forth by State and territory, on the
investigations undertaken during such year involving
allegations of sexual assault involving a member of the
National Guard.
(C) Such other information and matters on the
investigations undertaken during such year as the Chief of
the National Guard Bureau considers appropriate.
(f) Personnel and Other Capabilities.--The Chief of the
National Guard Bureau shall ensure that the Office maintains
the personnel and other capabilities necessary for the
discharge of the duties of the Office under this section.
(g) Procedures and Instructions.--The Chief of the National
Guard Bureau shall issue, and may from time to time update,
procedures and instructions necessary for the discharge of
the duties of the Office under this section.
(h) Repeal of Superseded Instruction.--Chief of the
National Guard Bureau Instruction CNGBI 0400.01, dated July
30, 2012, shall have no further force or effect.
SEC. 1050. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
SERIOUS MISCONDUCT WITHIN THE NATIONAL GUARD.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report
setting forth the following:
(1) An evaluation of the effectiveness of the authorities
of the Secretary of Defense and the Chief of the National
Guard Bureau to investigate and respond on their own
initiative to allegations of serious misconduct, including
but not limited to sexual assault, sexual harassment,
violations of Federal law, retaliation, and waste, fraud, and
abuse arising in operations of the National Guard in Federal
status and in State status.
(2) An evaluation of the effectiveness of the mechanisms
available to the Secretary of Defense, the Secretaries of the
military departments, and the Chief of the National Guard to
receive, process, and monitor the disposition of allegations
described in paragraph (1), whether first brought to the
attention of the Federal government or the Adjutants General.
(3) An evaluation of the effectiveness of the process used
to determine whether allegations described in paragraph (1)
are investigated by the Department of Defense, the Inspector
General of the Department of Defense, the Inspector General
of the National Guard Bureau, the Inspectors General of the
military departments, the Office of Complex Administrative
Investigations of the National Guard Bureau, Federal military
or civilian law enforcement agencies, or other agencies in
the first instance, and the coordination of investigations
among such agencies
(4) An evaluation of the effectiveness of the monitoring of
investigations into allegations described in paragraph (1) by
the Secretary of Defense, the Secretaries of the military
departments, and the Chief of the National Guard Bureau which
are undertaken by Federal agencies and those undertaken under
the direction of the Adjutants General.
(5) An evaluation of the effectiveness of the process used
for disposing of substantiated allegations described in
paragraph (1), whether by prosecution or administrative
action, and the consistency in the disposition of allegations
of a similar nature across the National Guard.
(6) An evaluation of the effectiveness of State codes of
military justice in prosecuting members of the National Guard
for serious misconduct described in paragraph (1), and an
assessment whether chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), should be extended to
authorize prosecution of some or all offenses committed by
members of the National Guard while in State status.
(7) An evaluation of the effectiveness of mechanisms to
protect the confidentiality of members of the National Guard
who report allegations described in paragraph (1) and to
prevent retaliation against such members.
(8) An evaluation of the effectiveness of the National
Guard Bureau in preventing and proactively identifying
instances of serious misconduct described in paragraph (1),
including the availability and effectiveness of hotlines
through which members of the National Guard who are
uncomfortable reporting their concerns through State channels
may bring them to the attention of the National Guard Bureau
and the use of command climate surveys in identifying serious
misconduct.
______
SA 1517. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Insert after section 1204 the following:
SEC. 1204A. REPORT ON EXPANSION OF NATIONAL GUARD STATE
PARTNERSHIP PROGRAM TO INCLUDE NATIONS IN THE
ARCTIC REGION.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth an
assessment of the feasibility and advisability of expanding
the National Guard State Partnership Program to include
partnerships with nations in the Arctic region in order to
further the strategy of the Department of Defense for the
Arctic region.
______
SA 1518. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1005. ANNUAL REPORT ON MANNER IN WHICH THE BUDGET OF THE
DEPARTMENT OF DEFENSE SUPPORTS THE STRATEGY OF
THE DEPARTMENT FOR THE ARCTIC REGION.
(a) Annual Report Required.--The Secretary of Defense shall
provide for the inclusion in the budget for each fiscal year
after fiscal year 2016 that is submitted to Congress pursuant
to section 1105 of title 31, United States Code, a report on
the manner in which amounts requested in the budget for the
fiscal year concerned for the Department
[[Page S3696]]
of Defense support implementation of the strategy of the
Department and the Armed Forces for the Arctic region,
including the extent to which such amounts will address gaps
in military infrastructure and capabilities in the Arctic
region.
(b) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
______
SA 1519. Mr. ROUNDS submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1024. TREATMENT OF EACH VESSEL IN THE CVN-78 CLASS
AIRCRAFT CARRIER PROGRAM AS A MAJOR SUBPROGRAM
OF A MAJOR DEFENSE ACQUISITION PROGRAM.
Each vessel in the CVN-78 class aircraft carrier program
shall be treated as a separate major subprogram of a major
defense acquisition program for purposes of chapter 144 of
title 10, United States Code.
______
SA 1520. Mr. ROUNDS submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title XVI, insert
the following:
SEC. ___. COMPREHENSIVE PLAN OF DEPARTMENT OF DEFENSE TO
SUPPORT CIVIL AUTHORITIES IN RESPONSE TO CYBER
ATTACKS BY FOREIGN POWERS.
(a) Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop a comprehensive plan for the United States Cyber
Command to support civil authorities in responding to cyber
attacks by foreign powers (as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)) against the United States or a United States person.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A plan for internal Department of Defense collective
training activities that are integrated with exercises
conducted with other agencies and State and local
governments.
(B) Plans for coordination with the heads of other Federal
agencies and State and local governments pursuant to the
exercises required under subparagraph (A).
(C) Note of any historical frameworks that are used, if
any, in the formulation of the plan required by paragraph
(1), such as Operation Noble Eagle.
(D) Descriptions of the roles, responsibilities, and
expectations of Federal, State, and local authorities as the
Secretary understands them.
(E) Descriptions of the roles, responsibilities, and
expectations of the active components and reserve components
of the Armed Forces.
(F) A description of such legislative and administrative
action as may be necessary to carry out the plan required by
paragraph (1).
(b) Comptroller General of the United States Review of
Plan.--The Comptroller General of the United States shall
review the plan developed under subsection (a)(1).
______
SA 1521. Mr. REED (for himself, Mr. Kaine, Ms. Hirono, Mrs.
Gillibrand, Mrs. Shaheen, Mr. Schumer, Mr. Nelson, Mr. Durbin, Mr.
Blumenthal, Mr. Brown, Mr. King, Mr. Manchin, Mr. Schatz, Mr. Heinrich,
Ms. Baldwin, Mr. Reid, Mr. Tester, Mrs. McCaskill, Mr. Whitehouse, Ms.
Stabenow, Mr. Murphy, Mr. Markey, Mr. Casey, Mrs. Murray, and Mr.
Franken) submitted an amendment intended to be proposed to amendment SA
1463 proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:
At the end of subtitle B of title XV, add the following:
SEC. 1523. LIMITATION ON THE AVAILABILITY OF OVERSEAS
CONTINGENCY OPERATION FUNDING SUBJECT TO RELIEF
FROM THE BUDGET CONTROL ACT.
(a) Limitation.--Notwithstanding any other provision of
this title, of the total amount authorized to be appropriated
by this title for overseas contingency operations, not more
than $50,950,000,000 may be available for obligation and
expenditure unless--
(1) the discretionary spending limits imposed by section
251(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended by section 302 of the Budget Control
Act of 2011 (Public Law 112-25), on appropriations for the
revised security category and the revised nonsecurity
category are eliminated or increased in proportionally equal
amounts for fiscal year 2016 by any other Act enacted after
December 26, 2013; and
(2) if the revised security and the revised nonsecurity
category are increased as described in paragraph (1), the
amount of the increase is equal to or greater than the amount
in excess of the $50,950,000,000 that is authorized to be
appropriated by this title for security category activities.
(b) Use of Funds Available Under Satisfaction of
Limitation.--
(1) Transfer.--Any amounts authorized to be appropriated by
this title in excess of $50,950,000,000 that are available
for obligation and expenditure pursuant to subsection (a)
shall be transferred to applicable accounts of the Department
of Defense providing funds for programs, projects, and
activities other than for overseas contingency operations.
Any amounts so transferred to an account shall be merged with
amounts in the account to which transferred and available
subject to the same terms and conditions as otherwise apply
to amounts in such account.
(2) Construction of authority.--The authority to transfer
amounts under this subsection is in addition to any other
transfer authority in this Act.
______
SA 1522. Mr. PORTMAN (for himself, Mr. Peters, Mr. Cotton, Mr.
Inhofe, Mr. Wicker, Mr. Sessions, and Mr. Toomey) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; as follows:
At the end of title I, add the following:
Subtitle E--Army Programs
SEC. 161. STRYKER LETHALITY UPGRADES.
(a) Additional Amount for Procurement, Army.--
(1) In general.--The amount authorized to be appropriated
for fiscal year 2016 by section 101 for procurement is hereby
increased by $314,000,000, with the amount of the increase to
be available for procurement for the Army for Wheeled and
Tracked Combat Vehicles for Stryker (mod) Lethality Upgrades.
(2) Supplement not supplant.--The amount available under
paragraph (1) for procurement for Stryker (mod) Lethality
Upgrades is in addition to any other amounts available in
this Act for procurement for the Army for Stryker (mod)
Lethality Upgrades.
(b) Additional Amount for Rdt&e, Army.--
(1) In general.--The amount authorized to be appropriated
for fiscal year 2016 by section 201 for research,
development, test, and evaluation is hereby increased by
$57,000,000, with the amount of the increase to be available
for research, development, test, and evaluation for the Army
for the Combat Vehicle Improvement Program for Stryker
Lethality Upgrades.
(2) Supplement not supplant.--The amount available under
paragraph (1) for research, development, test, and evaluation
for Stryker Lethality Upgrades is in addition to any other
amounts available in this Act for research, development,
test, and evaluation for the Army for Stryker Lethality
Upgrades.
(c) Offset.--The aggregate amount authorized to be
appropriated for fiscal year 2016 by division A is hereby
reduced by $371,000,000, with the amount of the reduction to
be achieved through anticipated foreign currency gains in
addition to any other anticipated foreign currency gains
specified in the funding tables in division D.
______
SA 1523. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 120. UPDATE OF COST ESTIMATES FOR SSBN(X) SUBMARINE
PROGRAM ALTERNATIVES.
(a) Report on Update Required.--
(1) In general.--(A) Not later than March 31, 2016, the
Secretary of the Navy shall submit to the congressional
defense committees a report setting forth an update of the
cost estimates prepared under subsection (a)(1) section 242
of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1343) for each option
considered under subsection (b) of that section for purposes
of the report under that section on
[[Page S3697]]
the Ohio-class replacement ballistic missile submarine.
(B) The update shall specify how the cost updates account
for differences in survivability, targeting responsiveness
and flexibility, responsiveness to future threats, and other
matters the Secretary considers important in comparing the
options.
(2) Form.--Each updated cost estimate in the report under
paragraph (1) shall be submitted in an unclassified form that
may be made available to the public. Other information from
the update may be submitted in classified form.
(b) Comptroller General Report.--Not later than 90 days
after the date of the submittal under subsection (a) of the
report required by that subsection, the Comptroller General
of the United States shall submit to the congressional
defense committees a report setting forth an assessment by
the Comptroller General of the accuracy of the updated cost
estimates in the report under subsection (a).
______
SA 1524. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XVI, add the following:
SEC. 1637. CONGRESSIONAL BUDGET OFFICE REVIEW OF COST
ESTIMATES FOR NUCLEAR WEAPONS.
Section 1043(b)(1) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1576),
as most recently amended by section 1643 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3650), is further amended--
(1) in subparagraph (A), by inserting ``and the 25-year
period'' after ``10-year period''; and
(2) in subparagraphs (B) and (C), by striking ``such
period'' both places it appears and inserting ``such
periods''.
______
SA 1525. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XVI, add the following:
SEC. 1637. PROHIBITION ON USE OF FUNDS FOR NEW AIR LAUNCHED
CRUISE MISSILE.
Notwithstanding any other provision of law, none of the
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2015 or any fiscal year
thereafter for the Department of Defense or the Department of
Energy may be obligated or expended for the research,
development, test, and evaluation or procurement of a new
air-launched cruise missile or for the W80 warhead life
extension program.
______
SA 1526. Mr. MARKEY (for himself and Mr. Franken) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title XVI, add the following:
Subtitle F--Smarter Approach to Nuclear Expenditures
SEC. 1671. SHORT TITLE.
This subtitle may be cited as the ``Smarter Approach to
Nuclear Expenditures Act''.
SEC. 1672. FINDINGS.
Congress finds the following:
(1) The Berlin Wall fell in 1989, the Soviet Union no
longer exists, and the Cold War is over. The nature of
threats to the national security and military interests of
the United States has changed. However, the United States
continues to maintain an enormous arsenal of nuclear weapons
and delivery systems that were devised with the Cold War in
mind.
(2) The current nuclear arsenal of the United States
includes approximately 5,000 total nuclear warheads, of which
approximately 2,000 are deployed with three delivery
components: long-range strategic bomber aircraft, land-based
intercontinental ballistic missiles, and submarine-launched
ballistic missiles. The bomber fleet of the United States
comprises 93 B-52 and 20 B-2 aircraft. The United States
maintains 450 intercontinental ballistic missiles. The United
States also maintains 14 Ohio-class submarines, up to 12 of
which are deployed at sea. Each of those submarines is armed
with up to 96 independently targetable nuclear warheads.
(3) This Cold War-based approach to nuclear security comes
at significant cost. Over the next 10 years, the United
States will spend hundreds of billions of dollars maintaining
its nuclear force. A substantial decrease in spending on the
nuclear arsenal of the United States is prudent for both the
budget and national security.
(4) The national security interests of the United States
can be well served by reducing the total number of deployed
nuclear warheads and their delivery systems, as stated by the
Department of Defense's June 2013 nuclear policy guidance
entitled, ``Report on Nuclear Employment Strategy of the
United States''. This guidance found that force levels under
the Treaty on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April 8,
2010, and entered into force on February 5, 2011, between the
United States and the Russian Federation (commonly known as
the ``New START Treaty'') ``are more than adequate for what
the United States needs to fulfill its national security
objectives'' and that the force can be reduced by up to \1/3\
below levels under the New START Treaty to 1,000 to 1,100
warheads.
(5) Even without additional reductions in deployed
strategic warheads, the United States can save tens of
billions of dollars by deploying those warheads more
efficiently on delivery systems and by deferring production
of new delivery systems until they are needed.
(6) Economic security and national security are linked and
both will be well served by smart defense spending. Admiral
Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on
June 24, 2010, ``Our national debt is our biggest national
security threat'' and on August 2, 2011, stated, ``I haven't
changed my view that the continually increasing debt is the
biggest threat we have to our national security.''.
(7) The Government Accountability Office has found that
there is significant waste in the construction of the nuclear
facilities of the National Nuclear Security Administration of
the Department of Energy.
SEC. 1673. REDUCTION IN NUCLEAR FORCES.
(a) Prohibition on New Long-Range Penetrating Bomber
Aircraft.--Notwithstanding any other provision of law, none
of the funds authorized to be appropriated or otherwise made
available for any of fiscal years 2015 through 2024 for the
Department of Defense may be obligated or expended for the
research, development, test, and evaluation or procurement of
a long-range penetrating bomber aircraft.
(b) Prohibition on F-35 Nuclear Mission.--Notwithstanding
any other provision of law, none of the funds authorized to
be appropriated or otherwise made available for fiscal year
2015 or any fiscal year thereafter for the Department of
Defense or the Department of Energy may be used to make the
F-35 Joint Strike Fighter aircraft capable of carrying
nuclear weapons.
(c) Reduction in the B61 Life Extension Program.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2015 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be
obligated or expended for the B61 life extension program
until the Secretary of Defense and the Secretary of Energy
jointly certify to Congress that the total cost of the B61
life extension program has been reduced to not more than
$4,000,000,000.
(d) Termination of W78 Life Extension Program.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2015 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be
obligated or expended for the W78 life extension program.
(e) Reduction of Nuclear-Armed Submarines.--Notwithstanding
any other provision of law, beginning in fiscal year 2021,
the forces of the Navy shall include not more than eight
ballistic-missile submarines available for deployment.
(f) Limitation on SSBN-X Submarines.--Notwithstanding any
other provision of law--
(1) none of the funds authorized to be appropriated or
otherwise made available for any of fiscal years 2015 through
2024 for the Department of Defense may be obligated or
expended for the procurement of an SSBN-X submarine; and
(2) none of the funds authorized to be appropriated or
otherwise made available for fiscal year 2025 or any fiscal
year thereafter for the Department of Defense may be
obligated or expended for the procurement of more than eight
such submarines.
(g) Prohibition on New Intercontinental Ballistic
Missile.--Notwithstanding any other provision of law, none of
the funds authorized to be appropriated or otherwise made
available for any of fiscal years 2015 through 2024 for the
Department of Defense may be obligated or expended for the
research, development, test, and evaluation or procurement of
a new intercontinental ballistic missile.
(h) Termination of Mixed Oxide Fuel Fabrication Facility
Project.--Notwithstanding any other provision of law, none of
the funds authorized to be appropriated or otherwise made
available for fiscal year 2015 or any fiscal year thereafter
for the Department of Defense or the Department of Energy may
be obligated or expended for the
[[Page S3698]]
Mixed Oxide Fuel Fabrication Facility project.
(i) Termination of Uranium Processing Facility.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2015 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be
obligated or expended for the Uranium Processing Facility
located at the Y-12 National Security Complex, Oak Ridge,
Tennessee.
(j) Prohibition on New Air Launched Cruise Missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2015 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be
obligated or expended for the research, development, test,
and evaluation or procurement of a new air-launched cruise
missile or for the W80 warhead life extension program.
SEC. 1674. REPORTS REQUIRED.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and
the Secretary of Energy shall jointly submit to the
appropriate committees of Congress a report outlining the
plan of each Secretary to carry out section 1673.
(b) Annual Report.--Not later than March 1, 2016, and
annually thereafter, the Secretary of Defense and the
Secretary of Energy shall jointly submit to the appropriate
committees of Congress a report outlining the plan of each
Secretary to carry out section 1673, including any updates to
previously submitted reports.
(c) Annual Nuclear Weapons Accounting.--Not later than
September 30, 2016, and annually thereafter, the President
shall transmit to the appropriate committees of Congress a
report containing a comprehensive accounting by the Director
of the Office of Management and Budget of the amounts
obligated and expended by the Federal Government for each
nuclear weapon and related nuclear program during--
(1) the fiscal year covered by the report; and
(2) the life cycle of such weapon or program.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, the
Committee on Energy and Commerce, and the Committee on
Natural Resources of the House of Representatives.
______
SA 1527. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING
MEDICAL CARE FROM SECRETARY OF DEFENSE AS
ACTIVE DUTY FOR PURPOSES OF ELIGIBILITY FOR
POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) of title 38, United
States Code, is amended by inserting ``12301(h),'' after
``12301(g),''.
(b) Retroactive Application.--The amendment made by
subsection (a) shall apply as if such amendment were enacted
immediately after the enactment of the Post-9/11 Veterans
Educational Assistance Act of 2008 (Public Law 110-252).
______
SA 1528. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPEAL OF SUNSET RELATED TO COAST GUARD AVIATION
CAPACITY.
Section 225(b)(2) of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (Public Law 113-281; 128
Stat. 3039) is repealed.
______
SA 1529. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 352 and insert the following:
SEC. 352. RETIREMENT OF MILITARY WORKING DOGS IN THE UNITED
STATES.
(a) In General.--Section 2583(f) of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``If the Secretary'';
(3) in paragraph (1), as designated by paragraph (2) of
this subsection--
(A) by striking ``, and no suitable adoption is available
at the military facility where the dog is location, the
Secretary may'' and inserting ``the Secretary shall''; and
(B) in subparagraph (B), as designated by paragraph (1) of
this subsection, by inserting ``within the United States''
after ``to another location''; and
(4) by adding at the end the following new paragraph (2):
``(2) Paragraph (1) shall not apply if a United States
citizen living abroad adopts the dog at the time of
retirement.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply to retirements of military working dogs
pursuant to section 2583 of title 10, United States Code,
that occur on or after that date.
______
SA 1530. Mr. WYDEN (for himself and Mr. Brown) submitted an amendment
intended to be proposed to amendment SA 1463 proposed by Mr. McCain to
the bill H.R. 1735, to authorize appropriations for fiscal year 2016
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. PREFERENCE ELIGIBLE TREATMENT FOR FATHERS OF
CERTAIN PERMANENTLY DISABLED OR DECEASED
VETERANS.
(a) In General.--Section 2108(3) of title 5, United States
Code, is amended by striking subparagraphs (F) and (G) and
inserting the following:
``(F) the parent of an individual who lost his or her life
under honorable conditions while serving in the armed forces
during a period named by paragraph (1)(A) of this section,
if--
``(i) the spouse of that parent is totally and permanently
disabled; or
``(ii) that parent, when preference is claimed, is
unmarried or, if married, legally separated from his or her
spouse;
``(G) the parent of a service-connected permanently and
totally disabled veteran, if--
``(i) the spouse of that parent is totally and permanently
disabled; or
``(ii) that parent, when preference is claimed, is
unmarried or, if married, legally separated from his or her
spouse; and''.
(b) Effective Date.--The amendment made by this section
shall take effect 90 days after the date of the enactment of
this Act.
____
SA 1531. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle D of title V, add the
following:
SEC. 540. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN
MEDICAL TRAINING.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense has made impressive strides
in the development and use of methods of medical training and
troop protection, such as the use of tourniquets and
improvements in body armor, that have led to decreased
battlefield fatalities.
(2) The Department of Defense uses more than 8,500 live
animals each year to train physicians, medics, corpsmen, and
other personnel methods of responding to severe battlefield
injuries.
(3) The civilian sector has almost exclusively phased in
the use of superior human-based training methods for numerous
medical procedures currently taught in military courses using
animals.
(4) Human-based medical training methods such as simulators
replicate human anatomy and can allow for repetitive practice
and data collection.
(5) According to scientific, peer-reviewed literature,
medical simulation increases patient safety and decreases
errors by healthcare providers.
(6) The Army Research, Development and Engineering Command
and other entities of the Department of Defense have taken
significant steps to develop methods to replace live animal-
based training.
[[Page S3699]]
(7) According to the report by the Department of Defense
titled ``Final Report on the use of Live Animals in Medical
Education and Training Joint Analysis Team'', published on
July 12, 2009--
(A) validated, high-fidelity simulators were to have been
available for nearly every high-volume or high-value
battlefield medical procedure by the end of 2011, and many
were available as of 2009; and
(B) validated, high-fidelity simulators were to have been
available to teach all other procedures to respond to common
battlefield injuries by 2014.
(8) The Center for Sustainment of Trauma and Readiness
Skills of the Air Force exclusively uses human-based training
methods in its courses and does not use animals.
(9) In 2013, the Army instituted a policy forbidding non-
medical personnel from participating in training courses
involving the use of animals.
(10) In 2013, the medical school of the Department of
Defense, part of the Uniformed Services University of the
Health Sciences, replaced animal use within its medical
student curriculum.
(11) The Coast Guard announced in 2014 that it would reduce
by half the number of animals it uses for combat trauma
training courses but stated that animals would continue to be
used in courses designed for Department of Defense personnel.
(12) Effective January 1, 2015, the Department of Defense
replaced animal use in six areas of medical training,
including Advanced Trauma Life Support courses and the
development and maintenance of surgical and critical care
skills for field operational surgery and field assessment and
skills tests for international students offered at the
Defense Institute of Medical Operations.
(b) Requirement to Use Human-based Methods for Certain
Medical Training.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2017. Use of human-based methods for certain medical
training
``(a) Combat Trauma Injuries.--(1) Not later than October
1, 2018, the Secretary of Defense shall develop, test, and
validate human-based training methods for the purpose of
training members of the armed forces in the treatment of
combat trauma injuries with the goal of replacing live
animal-based training methods.
``(2) Not later than October 1, 2020, the Secretary--
``(A) shall only use human-based training methods for the
purpose of training members of the armed forces in the
treatment of combat trauma injuries; and
``(B) may not use animals for such purpose.
``(b) Exception for Particular Commands and Training
Methods.--(1) The Secretary may exempt a particular command,
particular training method, or both, from the requirement for
human-based training methods under subsection (a)(2) if the
Secretary determines that human-based training methods will
not provide an educationally equivalent or superior
substitute for live animal-based training methods for such
command or training method, as the case may be.
``(2) Any exemption under this subsection shall be for such
period, not more than one year, as the Secretary shall
specify in granting the exemption. Any exemption may be
renewed (subject to the preceding sentence).
``(c) Annual Reports.--(1) Not later than October 1, 2016,
and each year thereafter, the Secretary shall submit to the
congressional defense committees a report on the development
and implementation of human-based training methods for the
purpose of training members of the armed forces in the
treatment of combat trauma injuries under this section.
``(2) Each report under this subsection on or after October
1, 2020, shall include a description of any exemption under
subsection (b) that is in force as the time of such report,
and a current justification for such exemption.
``(d) Definitions.--In this section:
``(1) The term `combat trauma injuries' means severe
injuries likely to occur during combat, including--
``(A) hemorrhage;
``(B) tension pneumothorax;
``(C) amputation resulting from blast injury;
``(D) compromises to the airway; and
``(E) other injuries.
``(2) The term `human-based training methods' means, with
respect to training individuals in medical treatment, the use
of systems and devices that do not use animals, including--
``(A) simulators;
``(B) partial task trainers;
``(C) moulage;
``(D) simulated combat environments;
``(E) human cadavers; and
``(F) rotations in civilian and military trauma centers.
``(3) The term `partial task trainers' means training aids
that allow individuals to learn or practice specific medical
procedures.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by adding
at the end the following new item:
``2017. Use of human-based methods for certain medical training.''.
______
SA 1532. Mr. DONNELLY submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Beginning on page 86, strike line 4 and all that follows
through page 87, line 5, and insert the following:
(1) In general.--The Secretary shall direct the executive
agent for printed circuit board technology appointed under
section 256(a) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
10 U.S.C. 2501 note) to coordinate execution of the study
required by subsection (a) using capabilities of the
Department in effect on the day before the date of the
enactment of this Act to conduct technical analysis on a
sample of failed electronic parts in field systems.
(2) Elements.--(A) The technical analysis required by
paragraph (1) shall include the following:
(i) Selection of a representative sample of electronic
component types, including digital, mixed-signal, and analog
integrated circuits.
(ii) An assessment of the presence of counterfeit parts,
including causes and attributes of failures of any identified
counterfeit part.
(iii) For components found to have counterfeit parts
present, an assessment of the impact of the counterfeit part
in the failure mechanism.
(iv) For cases with counterfeit parts contributing to the
failure, a determination of the failure attributes, factors,
and effects on subsystem and system level reliability,
readiness, and performance.
(B) For any parts assessed under subparagraph (A) that
demonstrate unusual or suspicious failure mechanisms, the
federation established under section 937(a)(1) of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2224 note) shall--
(i) conduct a technical assessment for indications of
malicious tampering; and
(ii) submit to the executive agent described in paragraph
(1) a report on the findings of the federation with respect
to the technical assessment conducted under clause (i).
______
SA 1533. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 478, strike line 18 and all that follows through
page 492, line 20, and insert the following:
No amounts authorized to be appropriated by this Act or
otherwise available for the Department of Defense may be used
to transfer, release, or assist in the transfer or release to
or within the United States, its territories, or possessions
of Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
______
SA 1534. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1034.
______
SA 1535. Mr. INHOFE (for himself and Mr. Corker) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. FEDERAL PURCHASE REQUIREMENT.
Section 203 of the Energy Policy Act of 2005 (42 U.S.C.
15852) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``a number equivalent to'' before ``the
total amount of electric energy'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Renewable energy.--The term `renewable energy' means
electric or, if resulting from a thermal energy project
placed in service after December 31, 2014, thermal energy
generated from, or avoided by, solar,
[[Page S3700]]
wind, biomass, landfill gas, ocean (including tidal, wave,
current, and thermal), geothermal, municipal solid waste, or
new hydroelectric generation capacity achieved from increased
efficiency or additions of new capacity at an existing
hydroelectric project.''; and
(3) in subsection (c)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes''; and
(C) by adding at the end the following:
``(2) Separate calculation.--
``(A) In general.--For purposes of determining compliance
with the requirements of this section, any energy consumption
that is avoided through the use of renewable energy shall be
considered to be renewable energy produced.
``(B) Denial of double benefit.--Avoided energy consumption
that is considered to be renewable energy produced under
subparagraph (A) shall not also be counted for purposes of
achieving compliance with a Federal energy efficiency goal
required under any other provision of law.''.
______
SA 1536. Mr. INHOFE (for himself and Mr. Coons) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. FREE TRADE AGREEMENTS WITH SUB-SAHARAN AFRICAN
COUNTRIES.
(a) Plan Requirements and Reporting.--Section 116 of the
African Growth and Opportunity Act (19 U.S.C. 3723) is
amended by adding at the end the following:
``(d) Plan Requirement.--
``(1) In general.--The President shall develop a plan for
the purpose of negotiating and entering into one or more free
trade agreements with all eligible sub-Saharan African
countries. The plan shall identify the 10 to 15 eligible sub-
Saharan African countries or groups of such countries that
are most ready for a free trade agreement with the United
States.
``(2) Elements of plan.--The plan required by paragraph (1)
shall include, for each eligible sub-Saharan African country,
the following:
``(A) The steps each such country needs to be equipped and
ready to enter into a free trade agreement with the United
States, including the effective implementation of the WTO
Agreements and the development of a bilateral investment
treaty.
``(B) Milestones for accomplishing each step identified in
subparagraph (A) for each such country, with the goal of
establishing a free trade agreement with each such country
not later than 10 years after the date of the enactment of
the Trade Act of 2015.
``(C) A description of the resources required to assist
each such country in accomplishing each milestone described
in subparagraph (B).
``(D) The extent to which steps described in subparagraph
(A), the milestones described in subparagraph (B), and
resources described in subparagraph (C) may be accomplished
through regional or subregional organizations in sub-Saharan
Africa, including the East African Community, the Economic
Community of West African States, the Common Market for
Eastern and Southern Africa, and the Economic Community of
Central African States.
``(E) Procedures to ensure the following:
``(i) Adequate consultation with Congress and the private
sector during the negotiations.
``(ii) Consultation with Congress regarding all matters
relating to implementation of the agreement or agreements.
``(iii) Approval by Congress of the agreement or
agreements.
``(iv) Adequate consultations with the relevant African
governments and African regional and subregional
intergovernmental organizations during the negotiation of the
agreement or agreements.
``(3) Reporting requirement.--Not later than 12 months
after the date of the enactment of the Trade Act of 2015, and
every 5 years thereafter, the President shall prepare and
submit to Congress a report containing the plan developed
pursuant to paragraph (1).
``(4) Definitions.--In this subsection:
``(A) Eligible sub-saharan african country.--The term
`eligible sub-Saharan African country' means a country
designated as an eligible sub-Saharan African country under
section 104.
``(B) WTO.--The term `WTO' means the World Trade
Organization.
``(C) WTO agreement.--The term `WTO Agreement' has the
meaning given that term in section 2(9) of the Uruguay Round
Agreements Act (19 U.S.C. 3501(9)).
``(D) WTO agreements.--The term `WTO Agreements' means the
WTO Agreement and agreements annexed to that Agreement.''.
(b) Coordination of USAID With Free Trade Agreement
Policy.--
(1) Authorization of funds.--Funds made available to the
United States Agency for International Development under
section 496 of the Foreign Assistance Act of 1961 (22 U.S.C.
2293) after the date of the enactment of this Act may be
used, in consultation with the United States Trade
Representative--
(A) to assist eligible countries, including by deploying
resources to such countries, in addressing the steps and
milestones identified in the plan developed under subsection
(d) of section 116 of the African Growth and Opportunity Act
(19 U.S.C. 3723), as added by subsection (a); and
(B) to assist eligible countries in the implementation of
the commitments of those countries under agreements with the
United States and the WTO Agreements (as defined in
subsection (d)(4) of such section 116).
(2) Definitions.--In this subsection:
(A) Eligible country.--The term ``eligible country'' means
a sub-Saharan African country that receives--
(i) benefits under for the African Growth and Opportunity
Act (19 U.S.C. 3701 et seq.); and
(ii) funding from the United States Agency for
International Development.
(B) Sub-saharan african country.--The term ``sub-Saharan
African country'' has the meaning given that term in section
107 of the African Growth and Opportunity Act (19 U.S.C.
3706).
(c) Coordination With Millennium Challenge Corporation.--
After the date of the enactment of this Act, the United
States Trade Representative and the Administrator of the
United States Agency for International Development shall
consult and coordinate with the Chief Executive Officer of
the Millennium Challenge Corporation regarding countries that
have entered into a Millennium Challenge Compact pursuant to
section 609 of the Millennium Challenge Act of 2003 (22
U.S.C. 7708) that have been declared eligible to enter into
such a Compact for the purpose of developing and carrying out
the plan required by subsection (d) of section 116 of the
African Growth and Opportunity Act (19 U.S.C. 3723), as added
by subsection (a).
(d) Millennium Challenge Corporation Concurrent Compacts.--
(1) In general.--Section 609 of the Millennium Challenge
Act of 2003 (22 U.S.C. 7708) is amended--
(A) in subsection (k), by striking the first sentence; and
(B) by adding at the end the following:
``(l) Concurrent Compacts.--
``(1) In general.--Subject to paragraphs (2) and (3), an
eligible country and the United States may enter into and
have in effect not more than 2 Compacts at any given time
under this section.
``(2) Purposes of compacts.--An eligible country and the
United States that have entered into and have in effect a
Compact under this section may enter into and have in effect
at the same time one additional Compact in accordance with
the requirements of this title if--
``(A) one or both of the Compacts are or will be for
purposes of regional economic integration, increased regional
trade, or cross-border collaborations; and
``(B) the Board determines that the country is making
considerable and demonstrable progress in implementing the
terms of the existing Compact and supplementary agreements to
that Compact.
``(m) Limitation of Use of Funds.--Amounts made available
to carry out this title, including amounts made available to
enter into a Compact under this section or to provide
assistance under section 616 or any other form of assistance
under this title to a country, may not be obligated or
expended for the purpose of entering into such a Compact with
or providing such assistance to a country that has not been
selected by the Board as eligible.''.
(2) Conforming amendment.--Section 613(b)(2)(A) of such Act
(22 U.S.C. 7712(b)(2)(A)) is amended by striking ``the
Compact'' and inserting ``any Compact''.
(3) Applicability.--The amendments made by this subsection
apply with respect to Compacts entered into between the
United States and an eligible country under the Millennium
Challenge Act of 2003 before, on, or after the date of the
enactment of this Act.
______
SA 1537. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 1735, to authorize appropriations for fiscal year
2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. RECOVERY OF EXCESS FIREARMS, AMMUNITION, AND PARTS
GRANTED TO FOREIGN COUNTRIES AND TRANSFER TO
CERTAIN PERSONS.
(a) Recovery.--Subchapter II of chapter 407 of title 36,
United States Code, is amended by inserting after section
40728A the following new section:
``Sec. 40728B. Recovery of excess firearms, ammunition, and
parts granted to foreign countries and transfer to certain
persons
``(a) Authority To Recover.--(1) Subject to paragraph (2)
and subsection (b), the Secretary of the Army may acquire
from any person any firearm, ammunition, repair parts, or
other supplies described in section 40731(a) of this title
which were--
[[Page S3701]]
``(A) provided to any country on a grant basis under the
conditions imposed by section 505 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2314) that became excess to the needs
of such country; and
``(B) lawfully acquired by such person.
``(2) The Secretary of the Army may not acquire anything
under paragraph (1) except for transfer to a person in the
United States under subsection (c).
``(3) The Secretary of the Army may accept firearms,
ammunition, repair parts, or other supplies under paragraph
(1) notwithstanding section 1342 of title 31.
``(b) Cost of Recovery.--The Secretary of the Army may not
acquire anything under subsection (a) if the United States
would incur any cost for such acquisition.
``(c) Availability for Transfer.--Any firearms, ammunition,
repair parts, or supplies acquired under subsection (a) shall
be available for transfer in the United States to the person
from whom acquired if such person--
``(1) is licensed as a manufacturer, importer, or dealer
pursuant to section 923(a) of title 18; and
``(2) uses an ammunition depot of the Army that is an
eligible facility for receipt of any firearms, ammunition,
repair parts, or supplies under this paragraph.
``(d) Contracts.--Notwithstanding subsection (k) of section
2304 of title 10, the Secretary may enter into such contracts
or cooperative agreements on a sole source basis pursuant to
paragraphs (4) and (5) of subsection (c) of such section to
carry out this section.
``(e) Firearm Defined.--In this section, the term `firearm'
has the meaning given such term in section 921 of title
18.''.
(b) Sale.--Section 40732 of such title is amended--
(1) by adding at the end the following new subsection:
``(d) Sales by Other Persons.--A person who receives a
firearm or any ammunition, repair parts, or supplies under
section 40728B(c) of this title may sell, at fair market
value, such firearm, ammunition, repair parts, or
supplies.''; and
(2) in subsection (c), in the heading, by inserting ``by
the Corporation'' after ``Limitation on Sales''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 407 of such title is amended by
inserting after the item relating to section 40728A the
following new item:
``40728B. Recovery of excess firearms, ammunition, and parts granted to
foreign countries and transfer to certain persons.''.
______
SA 1538. Mr. WICKER (for himself, Ms. Cantwell, and Mr. Hatch)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. MELVILLE HALL OF THE UNITED STATES MERCHANT MARINE
ACADEMY.
(a) Gift to the Merchant Marine Academy.--The Maritime
Administrator may accept a gift of money from the Foundation
under section 51315 of title 46, United States Code, for the
purpose of renovating Melville Hall on the campus of the
United States Merchant Marine Academy.
(b) Covered Gifts.--A gift described in this subsection is
a gift under subsection (a) that the Maritime Administrator
determines exceeds the sum of--
(1) the minimum amount that is sufficient to ensure the
renovation of Melville Hall in accordance with the capital
improvement plan of the United States Merchant Marine Academy
that was in effect on the date of enactment of this Act; and
(2) 25 percent of the amount described in paragraph (1).
(c) Operation Contracts.--Subject to subsection (d), in the
case that the Maritime Administrator accepts a gift of money
described in subsection (b), the Maritime Administrator may
enter into a contract with the Foundation for the operation
of Melville Hall to make available facilities for, among
other possible uses, official academy functions, third-party
catering functions, and industry events and conferences.
(d) Contract Terms.--The contract described in subsection
(c) shall be for such period and on such terms as the
Maritime Administrator considers appropriate, including a
provision, mutually agreeable to the Maritime Administrator
and the Foundation, that--
(1) requires the Foundation--
(A) at the expense solely of the Foundation through the
term of the contract to maintain Melville Hall in a condition
that is as good as or better than the condition Melville Hall
was in on the later of--
(i) the date that the renovation of Melville Hall was
completed; or
(ii) the date that the Foundation accepted Melville Hall
after it was tendered to the Foundation by the Maritime
Administrator; and
(B) to deposit all proceeds from the operation of Melville
Hall, after expenses necessary for the operation and
maintenance of Melville Hall, into the account of the
Regimental Affairs Non-Appropriated Fund Instrumentality or
successor entity, to be used solely for the morale and
welfare of the cadets of the United States Merchant Marine
Academy; and
(2) prohibits the use of Melville Hall as lodging or an
office by any person for more than 4 days in any calendar
year other than--
(A) by the United States; or
(B) for the administration and operation of Melville Hall.
(e) Definitions.--In this section:
(1) Contract.--The term ``contract'' includes any
modification, extension, or renewal of the contract.
(2) Foundation.--In this section, the term ``Foundation''
means the United States Merchant Marine Academy Alumni
Association and Foundation, Inc.
(f) Rules of Construction.--Nothing in this section may be
construed under section 3105 of title 41, United States Code,
as requiring the Maritime Administrator to award a contract
for the operation of Melville Hall to the Foundation.
______
SA 1539. Mr. McCAIN (for himself, Mr. Blumenthal, Mr. Flake, Mr.
Sullivan, and Mr. Inhofe) submitted an amendment intended to be
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R.
1735, to authorize appropriations for fiscal year 2016 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Insert after section 342 the following:
SEC. 342A. PROHIBITION ON CONTRACTS TO FACILITATE PAYMENTS
FOR HONORING MEMBERS OF THE ARMED FORCES AT
SPORTING EVENTS.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the Army National Guard has paid professional sports
organizations to honor members of the Armed Forces;
(2) any organization wishing to honor members of the Armed
Forces should do so on a voluntary basis, and the Department
of Defense should take action to ensure that no payments be
made for such activities in the future; and
(3) any organization, including the National Football
League, that has accepted taxpayer funds to honor members of
the Armed Forces should consider directing an equivalent
amount of funding in the form of a donation to a charitable
organization that supports members of the Armed Forces,
veterans, and their families.
(b) Prohibition.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by inserting after section
2241a the following new section:
``Sec. 2241b. Prohibition on contracts providing payments for
activities to honor members of the armed forces
``(a) Prohibition.--The Department of Defense may not enter
into any contract or other agreement under which payments are
to be made in exchange for activities by the contractor
intended to honor, or giving the appearance of honoring,
members of the armed forces (whether members of the regular
components or the reserve components) at any form of sporting
event.
``(b) Construction.--Nothing in subsection (a) shall be
construed as prohibiting the Department from taking actions
to facilitate activities intended to honor members of the
armed forces at sporting events that are provided on a pro
bono basis or otherwise funded with non-Federal funds if such
activities are provided and received in accordance with
applicable rules and regulations regarding the acceptance of
gifts by the military departments, the armed forces, and
members of the armed forces.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended by inserting after the item relating to section 2241a
the following new item:
``2241b. Prohibition on contracts providing payments for activities to
honor members of the armed forces at sporting events.''.
______
SA 1540. Mr. BENNET (for himself and Mr. Gardner) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. COMPTROLLER GENERAL BRIEFING AND REPORT ON MAJOR
MEDICAL FACILITY PROJECTS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Briefing.--Not later than 270 days after the date of
the enactment of this Act, the Comptroller General of the
United States
[[Page S3702]]
shall provide to the appropriate committees of Congress a
briefing on the administration and oversight by the
Department of Veterans Affairs of contracts for the design
and construction of major medical facility projects, as
defined in section 8104(a)(3)(A) of title 38, United States
Code.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
administration and oversight described in subsection (a).
(c) Elements.--The briefing required by subsection (a) and
the report required by subsection (b) shall each include an
examination of the following:
(1) The processes used by the Department for overseeing and
assuring the performance of construction design and
construction contracts for major medical facility projects,
as so defined.
(2) Any actions taken by the Department to improve the
administration of such contracts.
(3) Such opportunities for further improvement of the
administration of such contracts as the Comptroller General
considers appropriate.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate;
and
(2) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs and Related
Agencies of the Committee on Appropriations of the House of
Representatives.
______
SA 1541. Mr. RUBIO (for himself, Mr. Vitter, and Ms. Ayotte)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--VESSEL INCIDENTAL DISCHARGE ACT
SEC. __1. SHORT TITLE.
This title may be cited as the ``Vessel Incidental
Discharge Act''.
SEC. __2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Beginning with enactment of the Act to Prevent
Pollution from Ships in 1980 (22 U.S.C. 1901 et seq.), the
United States Coast Guard has been the principal Federal
authority charged with administering, enforcing, and
prescribing regulations relating to the discharge of
pollutants from vessels engaged in maritime commerce and
transportation.
(2) The Coast Guard estimates there are approximately
21,560,000 State-registered recreational vessels, 75,000
commercial fishing vessels, and 33,000 freight and tank
barges operating in United States waters.
(3) From 1973 to 2005, certain discharges incidental to the
normal operation of a vessel were exempted by regulation from
otherwise applicable permitting requirements.
(4) Over the 32 years during which this regulatory
exemption was in effect, Congress enacted statutes on a
number of occasions dealing with the regulation of discharges
incidental to the normal operation of a vessel, including--
(A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901
et seq.) in 1980;
(B) the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.);
(C) the National Invasive Species Act of 1996 (110 Stat.
4073);
(D) section 415 of the Coast Guard Authorization Act of
1998 (112 Stat. 3434) and section 623 of the Coast Guard and
Maritime Transportation Act of 2004 (33 U.S.C. 1901 note),
which established interim and permanent requirements,
respectively, for the regulation of vessel discharges of
certain bulk cargo residue;
(E) title XIV of division B of Appendix D of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763), which
prohibited or limited certain vessel discharges in certain
areas of Alaska;
(F) section 204 of the Maritime Transportation Security Act
of 2002 (33 U.S.C. 1902a), which established requirements for
the regulation of vessel discharges of agricultural cargo
residue material in the form of hold washings; and
(G) title X of the Coast Guard Authorization Act of 2010
(33 U.S.C. 3801 et seq.), which provided for the
implementation of the International Convention on the Control
of Harmful Anti-Fouling Systems on Ships, 2001.
(b) Purpose.--The purpose of this title is to provide for
the establishment of nationally uniform and environmentally
sound standards and requirements for the management of
discharges incidental to the normal operation of a vessel.
SEC. __3. DEFINITIONS.
In this title:
(1) Administrator.--The term Administrator means the
Administrator of the Environmental Protection Agency.
(2) Aquatic nuisance species.--The term aquatic nuisance
species means a nonindigenous species (including a pathogen)
that threatens the diversity or abundance of native species
or the ecological stability of navigable waters or
commercial, agricultural, aquacultural, or recreational
activities dependent on such waters.
(3) Ballast water.--
(A) In general.--The term ballast water means any water,
including any sediment suspended in such water, taken aboard
a vessel--
(i) to control trim, list, draught, stability, or stresses
of the vessel; or
(ii) during the cleaning, maintenance, or other operation
of a ballast water treatment technology of the vessel.
(B) Exclusions.--The term ballast water does not include
any pollutant that is added to water described in
subparagraph (A) that is not directly related to the
operation of a properly functioning ballast water treatment
technology under this title.
(4) Ballast water performance standard.--The term ballast
water performance standard means the numerical ballast water
discharge standard set forth in section 151.2030 of title 33,
Code of Federal Regulations or section 151.1511 of title 33,
Code of Federal Regulations, as applicable, or a revised
numerical ballast water performance standard established
under subsection (a)(1)(B), (b), or (c) of section __5 of
this title.
(5) Ballast water treatment technology or treatment
technology.--The term ballast water treatment technology or
treatment technology means any mechanical, physical,
chemical, or biological process used, alone or in
combination, to remove, render harmless, or avoid the uptake
or discharge of aquatic nuisance species within ballast
water.
(6) Biocide.--The term biocide means a substance or
organism, including a virus or fungus, that is introduced
into or produced by a ballast water treatment technology to
reduce or eliminate aquatic nuisance species as part of the
process used to comply with a ballast water performance
standard under this title.
(7) Discharge incidental to the normal operation of a
vessel.--
(A) In general.--The term discharge incidental to the
normal operation of a vessel means--
(i) a discharge into navigable waters from a vessel of--
(I)(aa) ballast water, graywater, bilge water, cooling
water, oil water separator effluent, anti-fouling hull
coating leachate, boiler or economizer blowdown, byproducts
from cathodic protection, controllable pitch propeller and
thruster hydraulic fluid, distillation and reverse osmosis
brine, elevator pit effluent, firemain system effluent,
freshwater layup effluent, gas turbine wash water, motor
gasoline and compensating effluent, refrigeration and air
condensate effluent, seawater pumping biofouling prevention
substances, boat engine wet exhaust, sonar dome effluent,
exhaust gas scrubber washwater, or stern tube packing gland
effluent; or
(bb) any other pollutant associated with the operation of a
marine propulsion system, shipboard maneuvering system,
habitability system, or installed major equipment, or from a
protective, preservative, or absorptive application to the
hull of a vessel;
(II) weather deck runoff, deck wash, aqueous film forming
foam effluent, chain locker effluent, non-oily machinery
wastewater, underwater ship husbandry effluent, welldeck
effluent, or fish hold and fish hold cleaning effluent; or
(III) any effluent from a properly functioning marine
engine; or
(ii) a discharge of a pollutant into navigable waters in
connection with the testing, maintenance, or repair of a
system, equipment, or engine described in subclause (I)(bb)
or (III) of clause (i) whenever the vessel is waterborne.
(B) Exclusions.--The term discharge incidental to the
normal operation of a vessel does not include--
(i) a discharge into navigable waters from a vessel of--
(I) rubbish, trash, garbage, incinerator ash, or other such
material discharged overboard;
(II) oil or a hazardous substance as those terms are
defined in section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321);
(III) sewage as defined in section 312(a)(6) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or
(IV) graywater referred to in section 312(a)(6) of the
Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));
(ii) an emission of an air pollutant resulting from the
operation onboard a vessel of a vessel propulsion system,
motor driven equipment, or incinerator; or
(iii) a discharge into navigable waters from a vessel when
the vessel is operating in a capacity other than as a means
of transportation on water.
(8) Geographically limited area.--The term geographically
limited area means an area--
(A) with a physical limitation, including limitation by
physical size and limitation by authorized route such as the
Great Lakes and St. Lawrence River, that prevents a vessel
from operating outside the area, as determined by the
Secretary; or
[[Page S3703]]
(B) that is ecologically homogeneous, as determined by the
Secretary, in consultation with the heads of other Federal
departments or agencies as the Secretary considers
appropriate.
(9) Manufacturer.--The term manufacturer means a person
engaged in the manufacture, assemblage, or importation of
ballast water treatment technology.
(10) Secretary.--The term Secretary means the Secretary of
the department in which the Coast Guard is operating.
(11) Vessel.--The term vessel means every description of
watercraft or other artificial contrivance used, or
practically or otherwise capable of being used, as a means of
transportation on water.
SEC. __4. REGULATION AND ENFORCEMENT.
(a) In General.--The Secretary, in consultation with the
Administrator, shall establish and implement enforceable
uniform national standards and requirements for the
regulation of discharges incidental to the normal operation
of a vessel. The standards and requirements shall--
(1) be based upon the best available technology
economically achievable; and
(2) supersede any permitting requirement or prohibition on
discharges incidental to the normal operation of a vessel
under any other provision of law.
(b) Administration and Enforcement.--The Secretary shall
administer and enforce the uniform national standards and
requirements under this title. Each State may enforce the
uniform national standards and requirements under this title.
SEC. __5. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE
REGULATION OF DISCHARGES INCIDENTAL TO THE
NORMAL OPERATION OF A VESSEL.
(a) Requirements.--
(1) Ballast water management requirements.--
(A) In general.--Notwithstanding any other provision of
law, the requirements set forth in the final rule, Standards
for Living Organisms in Ships' Ballast Water Discharged in
U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as
corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the
management requirements for a ballast water discharge
incidental to the normal operation of a vessel until the
Secretary revises the ballast water performance standard
under subsection (b) or adopts a more stringent State
standard under subparagraph (B) of this paragraph.
(B) Adoption of more stringent state standard.--If the
Secretary makes a determination in favor of a State petition
under section __10, the Secretary shall adopt the more
stringent ballast water performance standard specified in the
statute or regulation that is the subject of that State
petition in lieu of the ballast water performance standard in
the final rule described under subparagraph (A).
(2) Initial management requirements for discharges other
than ballast water.--Not later than 2 years after the date of
enactment of this title, the Secretary, in consultation with
the Administrator, shall issue a final rule establishing best
management practices for discharges incidental to the normal
operation of a vessel other than ballast water.
(b) Revised Ballast Water Performance Standard; 8-Year
Review.--
(1) In general.--Subject to the feasibility review under
paragraph (2), not later than January 1, 2022, the Secretary,
in consultation with the Administrator, shall issue a final
rule revising the ballast water performance standard under
subsection (a)(1) so that a ballast water discharge
incidental to the normal operation of a vessel will contain--
(A) less than 1 organism that is living or has not been
rendered harmless per 10 cubic meters that is 50 or more
micrometers in minimum dimension;
(B) less than 1 organism that is living or has not been
rendered harmless per 10 milliliters that is less than 50
micrometers in minimum dimension and more than 10 micrometers
in minimum dimension;
(C) concentrations of indicator microbes that are less
than--
(i) 1 colony-forming unit of toxicogenic Vibrio cholera
(serotypes O1 and O139) per 100 milliliters or less than 1
colony-forming unit of that microbe per gram of wet weight of
zoological samples;
(ii) 126 colony-forming units of Escherichia coli per 100
milliliters; and
(iii) 33 colony-forming units of intestinal enterococci per
100 milliliters; and
(D) concentrations of such additional indicator microbes
and of viruses as may be specified in regulations issued by
the Secretary in consultation with the Administrator and such
other Federal agencies as the Secretary and the Administrator
consider appropriate.
(2) Feasibility review.--
(A) In general.--Not less than 2 years before January 1,
2022, the Secretary, in consultation with the Administrator,
shall complete a review to determine the feasibility of
achieving the revised ballast water performance standard
under paragraph (1).
(B) Criteria for review of ballast water performance
standard.--In conducting a review under subparagraph (A), the
Secretary shall consider whether revising the ballast water
performance standard will result in a scientifically
demonstrable and substantial reduction in the risk of
introduction or establishment of aquatic nuisance species,
taking into account--
(i) improvements in the scientific understanding of
biological and ecological processes that lead to the
introduction or establishment of aquatic nuisance species;
(ii) improvements in ballast water treatment technology,
including--
(I) the capability of such treatment technology to achieve
a revised ballast water performance standard;
(II) the effectiveness and reliability of such treatment
technology in the shipboard environment;
(III) the compatibility of such treatment technology with
the design and operation of a vessel by class, type, and
size;
(IV) the commercial availability of such treatment
technology; and
(V) the safety of such treatment technology;
(iii) improvements in the capabilities to detect, quantify,
and assess the viability of aquatic nuisance species at the
concentrations under consideration;
(iv) the impact of ballast water treatment technology on
water quality; and
(v) the costs, cost-effectiveness, and impacts of--
(I) a revised ballast water performance standard, including
the potential impacts on shipping, trade, and other uses of
the aquatic environment; and
(II) maintaining the existing ballast water performance
standard, including the potential impacts on water-related
infrastructure, recreation, propagation of native fish,
shellfish, and wildlife, and other uses of navigable waters.
(C) Lower revised performance standard.--
(i) In general.--If the Secretary, in consultation with the
Administrator, determines on the basis of the feasibility
review and after an opportunity for a public hearing that no
ballast water treatment technology can be certified under
section __6 to comply with the revised ballast water
performance standard under paragraph (1), the Secretary shall
require the use of the treatment technology that achieves the
performance levels of the best treatment technology
available.
(ii) Implementation deadline.--If the Secretary, in
consultation with the Administrator, determines that the
treatment technology under clause (i) cannot be implemented
before the implementation deadline under paragraph (3) with
respect to a class of vessels, the Secretary shall extend the
implementation deadline for that class of vessels for not
more than 36 months.
(iii) Compliance.--If the implementation deadline under
paragraph (3) is extended, the Secretary shall recommend
action to ensure compliance with the extended implementation
deadline under clause (ii).
(D) Higher revised performance standard.--
(i) In general.--If the Secretary, in consultation with the
Administrator, determines that ballast water treatment
technology exists that exceeds the revised ballast water
performance standard under paragraph (1) with respect to a
class of vessels, the Secretary shall revise the ballast
water performance standard for that class of vessels to
incorporate the higher performance standard.
(ii) Implementation deadline.--If the Secretary, in
consultation with the Administrator, determines that the
treatment technology under clause (i) can be implemented
before the implementation deadline under paragraph (3) with
respect to a class of vessels, the Secretary shall accelerate
the implementation deadline for that class of vessels. If the
implementation deadline under paragraph (3) is accelerated,
the Secretary shall provide not less than 24 months notice
before the accelerated deadline takes effect.
(3) Implementation deadline.--The revised ballast water
performance standard under paragraph (1) shall apply to a
vessel beginning on the date of the first drydocking of the
vessel on or after January 1, 2022, but not later than
December 31, 2024.
(4) Revised performance standard compliance deadlines.--
(A) In general.--The Secretary may establish a compliance
deadline for compliance by a vessel (or a class, type, or
size of vessel) with a revised ballast water performance
standard under this subsection.
(B) Process for granting extensions.--In issuing
regulations under this subsection, the Secretary shall
establish a process for an owner or operator to submit a
petition to the Secretary for an extension of a compliance
deadline with respect to the vessel of the owner or operator.
(C) Period of extensions.--An extension issued under
subparagraph (B) may--
(i) apply for a period of not to exceed 18 months from the
date of the applicable deadline under subparagraph (A); and
(ii) be renewable for an additional period of not to exceed
18 months.
(D) Factors.--In issuing a compliance deadline or reviewing
a petition under this paragraph, the Secretary shall
consider, with respect to the ability of an owner or operator
to meet a compliance deadline, the following factors:
(i) Whether the treatment technology to be installed is
available in sufficient quantities to meet the compliance
deadline.
(ii) Whether there is sufficient shipyard or other
installation facility capacity.
(iii) Whether there is sufficient availability of
engineering and design resources.
(iv) Vessel characteristics, such as engine room size,
layout, or a lack of installed piping.
(v) Electric power generating capacity aboard the vessel.
[[Page S3704]]
(vi) Safety of the vessel and crew.
(E) Consideration of petitions.--
(i) Determinations.--The Secretary shall approve or deny a
petition for an extension of a compliance deadline submitted
by an owner or operator under this paragraph.
(ii) Deadline.--If the Secretary does not approve or deny a
petition referred to in clause (i) on or before the last day
of the 90-day period beginning on the date of submission of
the petition, the petition shall be deemed approved.
(c) Future Revisions of Vessel Incidental Discharge
Standards; Decennial Reviews.--
(1) Revised ballast water performance standards.--The
Secretary, in consultation with the Administrator, shall
complete a review, 10 years after the issuance of a final
rule under subsection (b) and every 10 years thereafter, to
determine whether further revision of the ballast water
performance standard would result in a scientifically
demonstrable and substantial reduction in the risk of the
introduction or establishment of aquatic nuisance species.
(2) Revised standards for discharges other than ballast
water.--The Secretary, in consultation with the
Administrator, may include in a decennial review under this
subsection best management practices for discharges covered
by subsection (a)(2). The Secretary shall initiate a
rulemaking to revise 1 or more best management practices for
such discharges after a decennial review if the Secretary, in
consultation with the Administrator, determines that revising
1 or more of such practices would substantially reduce the
impacts on navigable waters of discharges incidental to the
normal operation of a vessel other than ballast water.
(3) Considerations.--In conducting a review under paragraph
(1), the Secretary, the Administrator, and the heads of other
appropriate Federal agencies as determined by the Secretary,
shall consider the criteria under section __5(b)(2)(B).
(4) Revision after decennial review.--The Secretary shall
initiate a rulemaking to revise the current ballast water
performance standard after a decennial review if the
Secretary, in consultation with the Administrator, determines
that revising the current ballast water performance standard
would result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or establishment of
aquatic nuisance species.
(d) Great Lakes Requirements.--In addition to the other
standards and requirements imposed by this section, in the
case of a vessel that enters the Great Lakes through the St.
Lawrence River after operating outside the exclusive economic
zone of the United States the Secretary, in consultation with
the Administrator, shall establish a requirement that the
vessel conduct saltwater flushing of all ballast water tanks
onboard prior to entry.
SEC. __6. TREATMENT TECHNOLOGY CERTIFICATION.
(a) Certification Required.--Beginning 1 year after the
date that the requirements for testing protocols are issued
under subsection (i), no manufacturer of a ballast water
treatment technology shall sell, offer for sale, or introduce
or deliver for introduction into interstate commerce, or
import into the United States for sale or resale, a ballast
water treatment technology for a vessel unless the treatment
technology has been certified under this section.
(b) Certification Process.--
(1) Evaluation.--Upon application of a manufacturer, the
Secretary shall evaluate a ballast water treatment technology
with respect to--
(A) the effectiveness of the treatment technology in
achieving the current ballast water performance standard when
installed on a vessel (or a class, type, or size of vessel);
(B) the compatibility with vessel design and operations;
(C) the effect of the treatment technology on vessel
safety;
(D) the impact on the environment;
(E) the cost effectiveness; and
(F) any other criteria the Secretary considers appropriate.
(2) Approval.--If after an evaluation under paragraph (1)
the Secretary determines that the treatment technology meets
the criteria, the Secretary may certify the treatment
technology for use on a vessel (or a class, type, or size of
vessel).
(3) Suspension and revocation.--The Secretary shall
establish, by regulation, a process to suspend or revoke a
certification issued under this section.
(c) Certification Conditions.--
(1) Imposition of conditions.--In certifying a ballast
water treatment technology under this section, the Secretary,
in consultation with the Administrator, may impose any
condition on the subsequent installation, use, or maintenance
of the treatment technology onboard a vessel as is necessary
for--
(A) the safety of the vessel, the crew of the vessel, and
any passengers aboard the vessel;
(B) the protection of the environment; or
(C) the effective operation of the treatment technology.
(2) Failure to comply.--The failure of an owner or operator
to comply with a condition imposed under paragraph (1) shall
be considered a violation of this section.
(d) Period for Use of Installed Treatment Equipment.--
Notwithstanding anything to the contrary in this title or any
other provision of law, the Secretary shall allow a vessel on
which a system is installed and operated to meet a ballast
water performance standard under this title to continue to
use that system, notwithstanding any revision of a ballast
water performance standard occurring after the system is
ordered or installed until the expiration of the service life
of the system, as determined by the Secretary, so long as the
system--
(1) is maintained in proper working condition; and
(2) is maintained and used in accordance with the
manufacturer's specifications and any treatment technology
certification conditions imposed by the Secretary under this
section.
(e) Certificates of Type Approval for the Treatment
Technology.--
(1) Issuance.--If the Secretary approves a ballast water
treatment technology for certification under subsection (b),
the Secretary shall issue a certificate of type approval for
the treatment technology to the manufacturer in such form and
manner as the Secretary determines appropriate.
(2) Certification conditions.--A certificate of type
approval issued under paragraph (1) shall specify each
condition imposed by the Secretary under subsection (c).
(3) Owners and operators.--A manufacturer that receives a
certificate of type approval for the treatment technology
under this subsection shall provide a copy of the certificate
to each owner and operator of a vessel on which the treatment
technology is installed.
(f) Inspections.--An owner or operator who receives a copy
of a certificate under subsection (e)(3) shall retain a copy
of the certificate onboard the vessel and make the copy of
the certificate available for inspection at all times while
the owner or operator is utilizing the treatment technology.
(g) Biocides.--The Secretary may not approve a ballast
water treatment technology under subsection (b) if--
(1) it uses a biocide or generates a biocide that is a
pesticide, as defined in section 2 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136),
unless the biocide is registered under that Act or the
Secretary, in consultation with Administrator, has approved
the use of the biocide in such treatment technology; or
(2) it uses or generates a biocide the discharge of which
causes or contributes to a violation of a water quality
standard under section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313).
(h) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the
use of a ballast water treatment technology by an owner or
operator of a vessel shall not satisfy the requirements of
this title unless it has been approved by the Secretary under
subsection (b).
(2) Exceptions.--
(A) Coast guard shipboard technology evaluation program.--
An owner or operator may use a ballast water treatment
technology that has not been certified by the Secretary to
comply with the requirements of this section if the
technology is being evaluated under the Coast Guard Shipboard
Technology Evaluation Program.
(B) Ballast water treatment technologies certified by
foreign entities.--An owner or operator may use a ballast
water treatment technology that has not been certified by the
Secretary to comply with the requirements of this section if
the technology has been certified by a foreign entity and the
certification demonstrates performance and safety of the
treatment technology equivalent to the requirements of this
section, as determined by the Secretary.
(i) Testing Protocols.--Not later than 180 days after the
date of enactment of this Act, the Administrator, in
consultation with the Secretary, shall issue requirements for
land-based and shipboard testing protocols or criteria for--
(1) certifying the performance of each ballast water
treatment technology under this section; and
(2) certifying laboratories to evaluate such treatment
technologies.
SEC. __7. EXEMPTIONS.
(a) In General.--No permit shall be required or prohibition
enforced under any other provision of law for, nor shall any
standards regarding a discharge incidental to the normal
operation of a vessel under this title apply to--
(1) a discharge incidental to the normal operation of a
vessel if the vessel is less than 79 feet in length and
engaged in commercial service (as defined in section 2101(5)
of title 46, United States Code);
(2) a discharge incidental to the normal operation of a
vessel if the vessel is a fishing vessel, including a fish
processing vessel and a fish tender vessel, (as defined in
section 2101 of title 46, United States Code);
(3) a discharge incidental to the normal operation of a
vessel if the vessel is a recreational vessel (as defined in
section 2101(25) of title 46, United States Code);
(4) the placement, release, or discharge of equipment,
devices, or other material from a vessel for the sole purpose
of conducting research on the aquatic environment or its
natural resources in accordance with generally recognized
scientific methods, principles, or techniques;
(5) any discharge into navigable waters from a vessel
authorized by an on-scene coordinator in accordance with part
300 of title 40, Code of Federal Regulations, or part 153 of
title 33, Code of Federal Regulations;
[[Page S3705]]
(6) any discharge into navigable waters from a vessel that
is necessary to secure the safety of the vessel or human
life, or to suppress a fire onboard the vessel or at a
shoreside facility; or
(7) a vessel of the armed forces of a foreign nation when
engaged in noncommercial service.
(b) Ballast Water Discharges.--No permit shall be required
or prohibition enforced under any other provision of law for,
nor shall any ballast water performance standards under this
title apply to--
(1) a ballast water discharge incidental to the normal
operation of a vessel determined by the Secretary to--
(A) operate exclusively within a geographically limited
area;
(B) take up and discharge ballast water exclusively within
1 Captain of the Port Zone established by the Coast Guard
unless the Secretary determines such discharge poses a
substantial risk of introduction or establishment of an
aquatic nuisance species;
(C) operate pursuant to a geographic restriction issued as
a condition under section 3309 of title 46, United States
Code, or an equivalent restriction issued by the country of
registration of the vessel; or
(D) continuously take on and discharge ballast water in a
flow-through system that does not introduce aquatic nuisance
species into navigable waters;
(2) a ballast water discharge incidental to the normal
operation of a vessel consisting entirely of water suitable
for human consumption; or
(3) a ballast water discharge incidental to the normal
operation of a vessel in an alternative compliance program
established pursuant to section __8.
(c) Vessels With Permanent Ballast Water.--No permit shall
be required or prohibition enforced under any other provision
of law for, nor shall any ballast water performance standard
under this title apply to, a vessel that carries all of its
permanent ballast water in sealed tanks that are not subject
to discharge.
(d) Vessels of the Armed Forces.--Nothing in this title
shall be construed to apply to a vessel as follows:
(1) A vessel owned or operated by the Department of Defense
(other than a time-chartered or voyage-chartered vessel).
(2) A vessel of the Coast Guard, as designated by the
Secretary of the department in which the Coast Guard is
operating.
SEC. __8. ALTERNATIVE COMPLIANCE PROGRAM.
(a) In General.--The Secretary, in consultation with the
Administrator, may promulgate regulations establishing 1 or
more compliance programs as an alternative to ballast water
management regulations issued under section __5 for a vessel
that--
(1) has a maximum ballast water capacity of less than 8
cubic meters;
(2) is less than 3 years from the end of the useful life of
the vessel, as determined by the Secretary; or
(3) discharges ballast water into a facility for the
reception of ballast water that meets standards promulgated
by the Administrator, in consultation with the Secretary.
(b) Promulgation of Facility Standards.--Not later than 1
year after the date of enactment of this Act, the
Administrator, in consultation with the Secretary, shall
promulgate standards for--
(1) the reception of ballast water from a vessel into a
reception facility; and
(2) the disposal or treatment of the ballast water under
paragraph (1).
SEC. __9. JUDICIAL REVIEW.
(a) In General.--An interested person may file a petition
for review of a final regulation promulgated under this title
in the United States Court of Appeals for the District of
Columbia Circuit.
(b) Deadline.--A petition shall be filed not later than 120
days after the date that notice of the promulgation appears
in the Federal Register.
(c) Exception.--Notwithstanding subsection (b), a petition
that is based solely on grounds that arise after the deadline
to file a petition under subsection (b) has passed may be
filed not later than 120 days after the date that the grounds
first arise.
SEC. __10. EFFECT ON STATE AUTHORITY.
(a) In General.--No State or political subdivision thereof
may adopt or enforce any statute or regulation of the State
or political subdivision with respect to a discharge
incidental to the normal operation of a vessel after the date
of enactment of this Act.
(b) Savings Clause.--Notwithstanding subsection (a), a
State or political subdivision thereof may adopt or enforce a
statute or regulation of the State or political subdivision
with respect to ballast water discharges incidental to the
normal operation of a vessel that specifies a ballast water
performance standard that is more stringent than the ballast
water performance standard under section __5(a)(1)(A) if the
Secretary, after consultation with the Administrator and any
other Federal department or agency the Secretary considers
appropriate, makes a determination that--
(1) compliance with any performance standard specified in
the statute or regulation can in fact be achieved and
detected;
(2) the technology and systems necessary to comply with the
statute or regulation are commercially available; and
(3) the statute or regulation is consistent with
obligations under relevant international treaties or
agreements to which the United States is a party.
(c) Petition Process.--
(1) Submission.--The Governor of a State seeking to adopt
or enforce a statute or regulation under subsection (b) shall
submit a petition to the Secretary requesting the Secretary
to review the statute or regulation.
(2) Contents; timing.--A petition shall be accompanied by
the scientific and technical information on which the
petition is based, and may be submitted within 1 year of the
date of enactment of this Act and every 10 years thereafter.
(3) Determinations.--The Secretary shall make a
determination on a petition under this subsection not later
than 90 days after the date that the petition is received.
SEC. __11. APPLICATION WITH OTHER STATUTES.
Notwithstanding any other provision of law, this title
shall be the exclusive statutory authority for regulation by
the Federal Government of discharges incidental to the normal
operation of a vessel to which this title applies. Except as
provided under section __5(a)(1)(A), any regulation in effect
on the date immediately preceding the effective date of this
title relating to any permitting requirement for or
prohibition on discharges incidental to the normal operation
of a vessel to which this title applies shall be deemed to be
a regulation issued pursuant to the authority of this title
and shall remain in full force and effect unless or until
superseded by new regulations issued hereunder.
______
SA 1542. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1099. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.
(a) Audit Reform and Transparency for the Board of
Governors of the Federal Reserve System.--
(1) In general.--Notwithstanding section 714 of title 31,
United States Code, or any other provision of law, an audit
of the Board of Governors of the Federal Reserve System and
the Federal reserve banks under subsection (b) of such
section 714 shall be completed not later than 12 months after
the date of enactment of this Act.
(2) Report.--
(A) In general.--A report on the audit required under
paragraph (1) shall be submitted by the Comptroller General
of the United States to Congress before the end of the 90-day
period beginning on the date on which the audit is completed
and made available to the majority and minority leaders of
the Senate, the Speaker of the House of Representatives, the
majority and minority leaders of the House of
Representatives, the Chairman and Ranking Member of the
committee and each subcommittee of jurisdiction in the Senate
and the House of Representatives, and any other Member of
Congress who requests the report.
(B) Contents.--The report under subparagraph (A) shall
include a detailed description of the findings and conclusion
of the Comptroller General of the United States with respect
to the audit that is the subject of the report, together with
such recommendations for legislative or administrative action
as the Comptroller General of the United States may determine
to be appropriate.
(3) Repeal of certain limitations.--Section 714(b) of title
31, United States Code, is amended by striking all after ``in
writing.''.
(4) Technical and conforming amendment.--Section 714 of
title 31, United States Code, is amended by striking
subsection (f).
(b) Audit of Loan File Reviews Required by Enforcement
Actions.--
(1) In general.--The Comptroller General of the United
States shall conduct an audit of the review of loan files of
homeowners in foreclosure in 2009 or 2010, required as part
of the enforcement actions taken by the Board of Governors of
the Federal Reserve System against supervised financial
institutions.
(2) Content of audit.--The audit carried out pursuant to
paragraph (1) shall consider, at a minimum--
(A) the guidance given by the Board of Governors of the
Federal Reserve System to independent consultants retained by
the supervised financial institutions regarding the
procedures to be followed in conducting the file reviews;
(B) the factors considered by independent consultants when
evaluating loan files;
(C) the results obtained by the independent consultants
pursuant to those reviews;
(D) the determinations made by the independent consultants
regarding the nature and extent of financial injury sustained
by each homeowner as well as the level and type of
remediation offered to each homeowner; and
(E) the specific measures taken by the independent
consultants to verify, confirm, or rebut the assertions and
representations made by supervised financial institutions
regarding the contents of loan files and the extent of
financial injury to homeowners.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall issue a report to Congress containing
[[Page S3706]]
all findings and determinations made in carrying out the
audit required under paragraph (1).
______
SA 1543. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XI, add the following:
SEC. 1116. COST SAVINGS ENHANCEMENTS.
(a) In General.--Section 4512 of title 5, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
``or identification of surplus funds or unnecessary budget
authority'' after ``mismanagement'';
(B) in paragraph (2), by inserting ``or identification''
after ``disclosure''; and
(C) in the matter following paragraph (2), by inserting
``or identification'' after ``disclosure''; and
(2) by adding at the end the following:
``(c) The Inspector General of an agency or other agency
employee designated under subsection (b) shall refer to the
Chief Financial Officer of the agency any potential surplus
funds or unnecessary budget authority identified by an
employee, along with any recommendations of the Inspector
General or other agency employee.
``(d)(1) If the Chief Financial Officer of an agency
determines that rescission of potential surplus funds or
unnecessary budget authority identified by an employee would
not hinder the effectiveness of the agency, except as
provided in subsection (e), the head of the agency shall
transfer the amount of the surplus funds or unnecessary
budget authority from the applicable appropriations account
to the general fund of the Treasury.
``(2) Title X of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 681 et seq.) shall not apply to
transfers under paragraph (1).
``(3) Any amounts transferred under paragraph (1) shall be
deposited in the Treasury and used for deficit reduction,
except that in the case of a fiscal year for which there is
no Federal budget deficit, such amounts shall be used to
reduce the Federal debt (in such manner as the Secretary of
the Treasury considers appropriate).
``(e)(1) The head of an agency may retain not more than 10
percent of amounts to be transferred to the general fund of
the Treasury under subsection (d).
``(2) Amounts retained by the head of an agency under
paragraph (1) may be--
``(A) used for the purpose of paying a cash award under
subsection (a) to 1 or more employees who identified the
surplus funds or unnecessary budget authority; and
``(B) to the extent amounts remain after paying cash awards
under subsection (a), transferred or reprogrammed for use by
the agency, in accordance with any limitation on such a
transfer or reprogramming under any other provision of law.
``(f)(1) The head of each agency shall submit to the
Director of the Office of Personnel Management an annual
report regarding--
``(A) each disclosure of possible fraud, waste, or
mismanagement or identification of potentially surplus funds
or unnecessary budget authority by an employee of the agency
determined by the agency to have merit;
``(B) the total savings achieved through disclosures and
identifications described in subparagraph (A); and
``(C) the number and amount of cash awards by the agency
under subsection (a).
``(2)(A) The head of each agency shall include the
information described in paragraph (1) in each budget request
of the agency submitted to the Office of Management and
Budget as part of the preparation of the budget of the
President submitted to Congress under section 1105(a) of
title 31, United States Code.
``(B) The Director of the Office of Personnel Management
shall submit to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and the Government Accountability Office an
annual report on Federal cost saving and awards based on the
reports submitted under subparagraph (A).
``(g) The Director of the Office of Personnel Management
shall--
``(1) ensure that the cash award program of each agency
complies with this section; and
``(2) submit to Congress an annual certification indicating
whether the cash award program of each agency complies with
this section.
``(h) Not later than 3 years after the date of enactment of
this subsection, and every 3 years thereafter, the
Comptroller General of the United States shall submit to
Congress a report on the operation of the cost savings and
awards program under this section, including any
recommendations for legislative changes.''.
(b) Officers Eligible for Cash Awards.--
(1) In general.--Section 4509 of title 5, United States
Code, is amended to read as follows:
``Sec. 4509. Prohibition of cash award to certain officers
``(a) Definitions.--In this section, the term `agency'--
``(1) has the meaning given that term under section 551(1);
and
``(2) includes an entity described in section 4501(1).
``(b) Prohibition.--An officer may not receive a cash award
under this subchapter if the officer--
``(1) serves in a position at level I of the Executive
Schedule;
``(2) is the head of an agency; or
``(3) is a commissioner, board member, or other voting
member of an independent establishment.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 45 of title 5, United States Code, is
amended by striking the item relating to section 4509 and
inserting the following:
``4509. Prohibition of cash award to certain officers.''.
______
SA 1544. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EXTENSION OF PERIOD FOR USE OF ENTITLEMENT TO POST-
9/11 EDUCATIONAL ASSISTANCE FOR INDIVIDUALS
WITH POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY.
(a) Extended Period.--Section 3312 of title 38, United
States Code, is amended--
(1) in subsection (a), by striking ``in subsections (b) and
(c)'' and inserting ``in subsections (b), (c), and (d)''; and
(2) by adding at the end the following new subsection:
``(d) Extended Period for Individuals With Post-traumatic
Stress Disorder or Traumatic Brain Injury.--Subject to
section 3695 of this title and except as provided in
subsections (b) and (c), an individual entitled to
educational assistance under this chapter who has a service-
connected disability consisting of post-traumatic stress
disorder or traumatic brain injury is entitled to a number of
months of educational assistance under section 3313 of this
title equal to 54 months.''.
(b) Reduced Amount.--Section 3313 of such title is amended
by adding at the end the following new subsection:
``(j) Reduced Amount for Individuals With Extended Period
of Assistance.--The amount of educational assistance payable
under this section to an individual described in section
3312(d) of this title shall be 67 percent of the amount
otherwise payable to such individual under this section.''.
______
SA 1545. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. POINT OF ORDER AGAINST FUNDING PROGRAMS THAT HAVE
BEEN EXPIRED FOR MORE THAN 5 YEARS.
(a) In General.--It shall not be in order in Senate to
consider any bill, joint resolution, motion, amendment,
amendment between the Houses, or conference report that
appropriates amounts for a program for which the authorizing
authority has been expired for more than 5 fiscal years.
(b) Point of Order; Waiver and Appeal.--In the Senate, a
point of order under subsection (a) may be raised by a
Senator as provided in section 313(e) of the Congressional
Budget Act of 1974 (2 U.S.C. 644(e)). A point of order under
subsection (a) may be waived in accordance with the
procedures under section 313(e) of the Congressional Budget
Act of 1974 (2 U.S.C. 644(e)) upon an affirmative vote of
three-fifths of the Members duly chosen and sworn.
______
SA 1546. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. TRANSFER AUTHORITY FOR DEPARTMENT OF DEFENSE FUNDS
TO MITIGATE THE EFFECTS ON THE DEPARTMENT OF
DEFENSE OF A SEQUESTRATION OF FUNDS.
(a) Authority To Transfer Authorizations.--
(1) Authority.--The Secretary of Defense may transfer
amounts of authorizations made available to the Department of
Defense for a fiscal year between any such authorizations for
that fiscal year (or any subdivisions
[[Page S3707]]
thereof) if the Secretary determines that the transfer--
(A) is necessary to mitigate the effects on the Department
of Defense of a reduction in the discretionary spending limit
or the sequestration of direct spending under section 251A of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 901a) or a sequestration under section 251(a)(1) of
such Act (2 U.S.C. 901(a)(1)); and
(B) is necessary in the national interest.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section in a fiscal year
may not exceed $50,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations shall not be counted toward the
dollar limitation in paragraph (2).
(4) Treatment of amounts transferred.--Amounts of
authorizations transferred pursuant to paragraph (1) shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not reduce the amount authorized for the fiscal
year concerned for an item by an amount in excess of the
amount equal to 50 percent of the amount otherwise authorized
to be appropriated for that fiscal year for that item.
(c) Notice to Congress.--The Secretary of Defense shall
notify Congress of each proposed use of the transfer
authority in subsection (a).
(d) Congressional Disapproval.--A transfer may not occur
under the authority in subsection (a) if Congress enacts a
joint resolution disapproving the transfer within the 30-day
period beginning on the notice to Congress of the transfer
pursuant to subsection (c).
(e) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(f) Construction of Authority.--The authority to transfer
funds under this section in addition to any other authority
available to the Secretary of Defense to transfer funds for
the Department of Defense under any other provision of law.
(g) Sunset.--The authority to transfer funds under this
section shall expire on September 30, 2023.
______
SA 1547. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __--Bonuses for Cost-cutting Contracting
SEC. __. PREFERENCE FOR COST-CUTTING DEFENSE CONTRACTORS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Defense Supplement to the
Federal Acquisition Regulation shall be revised to establish
a preference for the use by the Department of Defense of
contractors with an established record of completing
contracts under budget. The regulations as so revised shall
provide that, in the evaluation of bids for a contract, the
bid from a contractor that has achieved an average cost
savings for its last three completed Department of Defense
contracts within a contract cost category described under
subsection (b) shall be discounted as provided under
subsection (c) for purposes of price comparison.
(b) Contract Cost Categories.--For purposes of this
section, contract cost categories for total contract awards
are as follows:
(1) Under $1,000,000.
(2) Greater than or equal to $1,000,000 and less than
$5,000,000.
(3) Greater than or equal to $5,000,000 and less than
$10,000,000.
(4) Greater than or equal to $10,000,000 and less than
$25,000,000.
(5) Greater than or equal to $25,000,000 and less than
$50,000,000.
(6) Greater than or equal to $50,000,000 and less than
$100,000,000
(7) Greater than or equal to $100,000,000.
(c) Calculation of Discount.--
(1) Contract savings within same or higher contract cost
category.--A bid for a contract shall be discounted pursuant
to subsection (a) by an amount equal to the average
percentage cost savings of the last three completed
Department of Defense contracts within a contract cost
category if such contract cost category is the same as or
higher than the contract cost category of the contract that
is being bid upon.
(2) Contract savings within lower contract cost category.--
A bid for a contract shall be discounted pursuant to
subsection (a) by an amount equal to the average cost savings
of the last three completed Department of Defense contracts
within a contract cost category if such contract cost
category is lower than the contract cost category of the
contract that is being bid upon.
(3) Special rule for contracts equal to or greater than
$100,000,000.--In the case of a bid for a contract in the
contract cost category set forth in subsection (b)(7), the
bid shall be discounted pursuant to subsection (a)--
(A) by an amount equal to the average cost savings of the
last three completed Department of Defense contracts if--
(i) the contract cost category for such contracts is lower
than such contract cost category; or
(ii) the contract cost category for such contracts is the
same as the contract being bid upon, but the average value of
such contracts is less than the lower of--
(I) 75 percent of the value of the contract being bid upon;
or
(II) the amount equal to the value of such contract minus
$50,000,000; or
(B) by an amount equal to the average percentage cost
savings of the last three completed Department of Defense
contracts within the same contract cost category if the
average value of such contracts is equal to or greater than--
(i) 75 percent of the value of the contract being bid upon;
or
(ii) the amount equal to the value of such contract minus
$50,000,000.
SEC. __. USE OF FUNDS SAVED THROUGH CONTRACT SAVINGS.
(a) In General.--The Secretary of Defense shall ensure
that, of the total amount saved by the Department of Defense
on a contract completed after the date of the enactment of
this Act as a result of the contract costing less than the
amount bid by the contractor--
(1) 50 percent shall be awarded to the contractor; and
(2) 50 percent shall be deposited in the Treasury and used
for deficit reduction.
(b) Certification Requirement.--
(1) In general.--The head of the agency awarding a contract
described under subsection (a) shall certify that the savings
achieved under the contract were not the result of any
degradation in the quality of the goods or services provided
under the contract before any funds are distributed under
such subsection.
(2) Head of an agency defined.--In this section, the term
``head of an agency'' has the meaning given the term in
section 2302(1) of title 10, United States Code.
______
SA 1548. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CONSOLIDATION OF DUPLICATIVE AND OVERLAPPING
AGENCIES, PROGRAMS, AND ACTIVITIES OF THE
FEDERAL GOVERNMENT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall, in coordination
with the heads of other departments and agencies of the
Federal Government--
(1) use available administrative authority to eliminate,
consolidate, or streamline Government agencies, programs, and
activities with duplicative and overlapping missions as
identified in Government Accountability Office reports on
duplication and overlap in Government programs;
(2) identify and submit to Congress a report setting the
legislative action required to further eliminate,
consolidate, or streamline Government agencies, programs, and
activities with duplicative and overlapping missions as
identified in the reports referred to in paragraph (1); and
(3) determine the total cost savings that--
(A) will accrue to each department, agency, and office
effected by an action under paragraph (1) as a result of the
actions taken under that paragraph; and
(B) could accrue to each department, agency, and office
effected by an action under paragraph (2) as a result of the
actions proposed to be taken under that paragraph using the
legislative authority set forth under that paragraph.
______
SA 1549. Mrs. ERNST (for herself, Mrs. Boxer, and Mr. Graham)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes;
[[Page S3708]]
which was ordered to lie on the table; as follows:
At the end of section 1229, add the following:
(c) Statement of Policy.--It is the policy of the United
States to promote a stable and unified Iraq, including by
directly providing the Kurdistan Regional Government military
and security forces associated with the Government of Iraq
with defense articles, defense services, and related
training, on an emergency and temporary basis, to more
effectively partner with the United States and other
international coalition members to defeat the Islamic State
of Iraq and the Levant (ISIL).
(d) Authorization.--
(1) Military assistance.--The President, in consultation
with the Government of Iraq, is authorized to provide defense
articles, defense services, and related training directly to
Kurdistan Regional Government military and security forces
associated with the Government of Iraq for the purpose of
supporting international coalition efforts against the
Islamic State of Iraq and the Levant (ISIL) and any successor
group or associated forces.
(2) Defense exports.--The President is authorized to issue
licenses authorizing United States exporters to export
defense articles, defense services, and related training
directly to the Kurdistan Regional Government military and
security forces described in paragraph (1). For purposes of
processing applications for such export licenses, the
President is authorized to accept End Use Certificates
approved by the Kurdistan Regional Government.
(3) Types of assistance.--Assistance authorized under
paragraph (1) and exports authorized under paragraph (2) may
include anti-tank and anti-armor weapons, armored vehicles,
long-range artillery, crew-served weapons and ammunition,
secure command and communications equipment, body armor,
helmets, logistics equipment, excess defense articles and
other military assistance that the President determines to be
appropriate.
(e) Relationship to Existing Authorities.--
(1) Relationship to existing authorities.--Assistance
authorized under subsection (b)(1) and licenses for exports
authorized under subsection (d)(2) shall be provided pursuant
to the applicable provisions of the Arms Export Control Act
(22 U.S.C. 2751 et seq.) and the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), notwithstanding any
requirement in such applicable provisions of law that a
recipient of assistance of the type authorized under
subsection (d)(1) shall be a country or international
organization. In addition, any requirement in such provisions
of law applicable to such countries or international
organizations concerning the provision of end use retransfers
and other assurance required for transfers of such assistance
should be secured from the Kurdistan Regional Government.
(2) Construction as precedent.--Nothing in this section
shall be construed as establishing a precedent for the future
provision of assistance described in subsection (d) to
organizations other than a country or international
organization.
(f) Reports.--
(1) Initial report.--Not later than 45 days after the date
of the enactment of this Act, the President shall submit to
the appropriate congressional committees a report that
includes the following:
(A) A timeline for the provision of defense articles,
defense services, and related training under the authority of
subsections (d)(1) and (d)(2).
(B) A description of mechanisms and procedures for end-use
monitoring of such defense articles, defense services, and
related training.
(C) How such defense articles, defense services, and
related training would contribute to the foreign policy and
national security of the United States, as well as impact
security in the region.
(2) Updates.--Not later than 180 days after the submittal
of the report required by paragraph (1), and every 180 days
thereafter through the termination pursuant to subsection (i)
of the authority in subsection (d), the President shall
submit to the appropriate congressional committees a report
updating the previous report submitted under this subsection.
In addition to any matters so updated, each report shall
include a description of any delays, and the circumstances
surrounding such delays, in the delivery of defense articles,
defense services, and related training to the Kurdistan
Regional Government pursuant to the authority in subsections
(d)(1) and (d)(2).
(3) Form.--Any report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Armed Services, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(g) Notification.--The President should provide
notification to the Government of Iraq, when practicable, not
later than 15 days before providing defense articles, defense
services, or related training to the Kurdistan Regional
Government under the authority of subsection (d)(1) or
(d)(2).
(h) Additional Definitions.--In this section, the terms
``defense article'', ``defense service'', and ``training''
have the meanings given those terms in section 47 of the Arms
Export Control Act (22 U.S.C. 2794).
(i) Termination.--The authority to provide defense
articles, defense services, and related training under
subsection (d)(1) and the authority to issue licenses for
exports authorized under subsection (d)(2) shall terminate on
the date that is three years after the date of the enactment
of this Act.
______
SA 1550. Mrs. SHAHEEN (for herself, Mrs. Murray, Mr. Blumenthal, Mrs.
Gillibrand, Mrs. Boxer, and Mr. Murphy) submitted an amendment intended
to be proposed to amendment SA 1463 proposed by Mr. McCain to the bill
H.R. 1735, to authorize appropriations for fiscal year 2016 for
military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title VII, add the following:
SEC. 721. REMOVAL OF RESTRICTIONS ON USE OF DEPARTMENT OF
DEFENSE MEDICAL FACILITIES TO PERFORM
ABORTIONS.
Section 1093 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a) Restriction on Use
of Funds.--''.
______
SA 1551. Mrs. SHAHEEN (for herself and Ms. Ayotte) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 622. STUDY AND REPORT ON POLICY CHANGES TO THE JOINT
TRAVEL REGULATIONS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the impact of the policy changes to
the Joint Travel Regulations for the Uniformed Service
Members and Department of Defense Civilian Employees related
to flat rate per diem for long term temporary duty travel
that took effect on November 1, 2014. The study shall assess
the following:
(1) The impact of such changes on shipyard workers who
travel on long-term temporary duty assignments.
(2) Whether such changes have discouraged employees of the
Department of Defense, including civilian employees at
shipyards and depots, from volunteering for important
temporary duty travel assignments.
(b) Report.--Not later than June 1, 2016, the Comptroller
General shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the study required by
subsection (a).
______
SA 1552. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Insert after section 603 the following:
SEC. 603A. ADJUSTMENTS OF BASIC ALLOWANCE FOR HOUSING IN
AREAS NOT ACCURATELY ASSESSED BY DEPARTMENT OF
DEFENSE HOUSING MARKET SURVEYS.
Section 403(b)(7)(A) of title 37, United States Code, is
amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) is located in an area in which the most recent
determination of costs of adequate housing for purposes of
this subsection does not accurately reflect the actual costs
of adequate housing in such area.''.
______
SA 1553. Ms. KLOBUCHAR (for herself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
[[Page S3709]]
SEC. ___. DESIGNATION OF MEDICAL FACILITIES OF THE DEPARTMENT
OF VETERANS AFFAIRS AS HEALTH PROFESSIONAL
SHORTAGE AREAS.
(a) PHSA.--Section 332(a)(1) of the Public Health Service
Act (42 U.S.C. 254e(a)(1)) is amended in the second sentence
by inserting ``and medical facilities of the Department of
Veterans Affairs (including State homes, as defined in
section 101(19) of title 38, United States Code)'' after
``(42 U.S.C. 1395x(aa)),''.
(b) Concurrent Benefits.--
(1) Scholarship program.--Section 338A(b) of the Public
Health Service Act (42 U.S.C. 254l(b)) is amended--
(A) in paragraph (3), by striking ``and'';
(B) in paragraph (4), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(5) not be participating in the Department of Veterans
Affairs Health Professionals Educational Assistance Program
under chapter 76 of title 38, United States Code.''.
(2) Debt reduction program.--Section 338B(b) of the Public
Health Service Act (42 U.S.C. 254l-1(b)) is amended--
(A) in paragraph (2), by striking ``and'';
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(4) not be participating in the Department of Veterans
Affairs Health Professionals Educational Assistance Program
under chapter 76 of title 38, United States Code.''.
(c) Consultation.--In carrying out the National Health
Service Corps Program under subpart II of part D of title III
of the Public Health Service Act (42 U.S.C. 254d et seq.),
the Secretary of Health and Human Services shall consult with
the Secretary of Veterans Affairs with respect to health
professional shortage areas that are medical facilities of
the Department of Veterans Affairs (including State homes, as
defined in section 101(19) of title 38, United States Code).
(d) Effective Date.--The amendments made by this section
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
______
SA 1554. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XXVIII, add the following:
Subtitle D--Other Matters
SEC. 2831. ELIMINATION OF STATE MATCHING REQUIREMENT FOR
ENERGY EFFICIENCY UPGRADES AND RENEWABLE ENERGY
AT NATIONAL GUARD READINESS CENTERS.
Section 18236(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``A contribution'' and inserting ``(1)
Subject to paragraph (2), a contribution''; and
(3) by inserting after subparagraph (B), as redesignated by
paragraph (1), the following new paragraph:
``(2) If a readiness center or armory project for which a
contribution is made under paragraph (4) or (5) of section
18233(a) of this title consists of or includes an energy
efficiency upgrade, the Secretary of Defense shall cover--
``(A) 100 percent of the cost of architectural,
engineering, and design services related to the upgrade or
renewable energy (including advance architectural,
engineering, and design services under section 18233(e) of
this title), as provided in paragraph (1)(A); and
``(B) 100 percent of the cost of construction related to
the upgrade or renewable energy, notwithstanding subparagraph
(B) of paragraph (1), and payment of such cost shall not be
considered in applying the limitation in such
subparagraph.''.
______
SA 1555. Ms. KLOBUCHAR (for herself and Mr. Schumer) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of division A, add the following:
TITLE XVII--METAL THEFT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Metal Theft Prevention Act
of 2015''.
SEC. 1702. DEFINITIONS.
In this title--
(1) the term ``critical infrastructure'' has the meaning
given the term in section 1016(e) of the USA PATRIOT Act (42
U.S.C. 5195c(e));
(2) the term ``recycling agent'' means any person engaged
in the business of purchasing specified metal for reuse or
recycling, without regard to whether that person is engaged
in the business of recycling or otherwise processing the
purchased specified metal for reuse; and
(3) the term ``specified metal'' means metal that--
(A)(i) is marked with the name, logo, or initials of a
city, county, State, or Federal government entity, a
railroad, an electric, gas, or water company, a telephone
company, a cable company, a retail establishment, a beer
supplier or distributor, or a public utility; or
(ii) has been altered for the purpose of removing,
concealing, or obliterating a name, logo, or initials
described in clause (i) through burning or cutting of wire
sheathing or other means; or
(B) is part of--
(i) a street light pole or street light fixture;
(ii) a road or bridge guard rail;
(iii) a highway or street sign;
(iv) a water meter cover;
(v) a storm water grate;
(vi) unused or undamaged building construction or utility
material;
(vii) a historical marker;
(viii) a grave marker or cemetery urn;
(ix) a utility access cover; or
(x) a container used to transport or store beer with a
capacity of 5 gallons or more;
(C) is a wire or cable commonly used by communications and
electrical utilities; or
(D) is copper, aluminum, and other metal (including any
metal combined with other materials) that is valuable for
recycling or reuse as raw metal, except for--
(i) aluminum cans; and
(ii) motor vehicles, the purchases of which are reported to
the National Motor Vehicle Title Information System
(established under section 30502 of title 49, United States
Code).
SEC. 1703. THEFT OF SPECIFIED METAL.
(a) Offense.--It shall be unlawful to knowingly steal
specified metal--
(1) being used in or affecting interstate or foreign
commerce; and
(2) the theft of which is from and harms critical
infrastructure.
(b) Penalty.--Any person who commits an offense described
in subsection (a) shall be fined under title 18, United
States Code, imprisoned not more than 10 years, or both.
SEC. 1704. DOCUMENTATION OF OWNERSHIP OR AUTHORITY TO SELL.
(a) Offenses.--
(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for a recycling agent to purchase specified
metal described in subparagraph (A) or (B) of section
1702(3), unless--
(A) the seller, at the time of the transaction, provides
documentation of ownership of, or other proof of the
authority of the seller to sell, the specified metal; and
(B) there is a reasonable basis to believe that the
documentation or other proof of authority provided under
subparagraph (A) is valid.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth a requirement on recycling agents to obtain
documentation of ownership or proof of authority to sell
specified metal before purchasing specified metal.
(3) Responsibility of recycling agent.--A recycling agent
is not required to independently verify the validity of the
documentation or other proof of authority described in
paragraph (1).
(4) Purchase of stolen metal.--It shall be unlawful for a
recycling agent to purchase any specified metal that the
recycling agent--
(A) knows to be stolen; or
(B) should know or believe, based upon commercial
experience and practice, to be stolen.
(b) Civil Penalty.--A person who knowingly violates
subsection (a) shall be subject to a civil penalty of not
more than $10,000 for each violation.
SEC. 1705. TRANSACTION REQUIREMENTS.
(a) Recording Requirements.--
(1) In general.--Except as provided in paragraph (2), a
recycling agent shall maintain a written or electronic record
of each purchase of specified metal.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth recording requirements that are substantially
similar to the requirements described in paragraph (3) for
the purchase of specified metal.
(3) Contents.--A record under paragraph (1) shall include--
(A) the name and address of the recycling agent; and
(B) for each purchase of specified metal--
(i) the date of the transaction;
(ii) a description of the specified metal purchased using
widely used and accepted industry terminology;
(iii) the amount paid by the recycling agent;
(iv) the name and address of the person to which the
payment was made;
(v) the name of the person delivering the specified metal
to the recycling agent, including a distinctive number from a
Federal or State government-issued photo identification card
and a description of the type of the identification; and
(vi) the license plate number and State-of-issue, make, and
model, if available, of the vehicle used to deliver the
specified metal to the recycling agent.
(4) Repeat sellers.--A recycling agent may comply with the
requirements of this
[[Page S3710]]
subsection with respect to a purchase of specified metal from
a person from which the recycling agent has previously
purchased specified metal by--
(A) reference to the existing record relating to the
seller; and
(B) recording any information for the transaction that is
different from the record relating to the previous purchase
from that person.
(5) Record retention period.--A recycling agent shall
maintain any record required under this subsection for not
less than 2 years after the date of the transaction to which
the record relates.
(6) Confidentiality.--Any information collected or retained
under this section may be disclosed to any Federal, State, or
local law enforcement authority or as otherwise directed by a
court of law.
(b) Purchases in Excess of $100.--
(1) In general.--Except as provided in paragraph (2), a
recycling agent may not pay cash for a single purchase of
specified metal of more than $100. For purposes of this
paragraph, more than 1 purchase in any 48-hour period from
the same seller shall be considered to be a single purchase.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth a maximum amount for cash payments for the
purchase of specified metal.
(3) Payment method.--
(A) Occasional sellers.--Except as provided in subparagraph
(B), for any purchase of specified metal of more than $100 a
recycling agent shall make payment by check that--
(i) is payable to the seller; and
(ii) includes the name and address of the seller.
(B) Established commercial transactions.--A recycling agent
may make payments for a purchase of specified metal of more
than $100 from a governmental or commercial supplier of
specified metal with which the recycling agent has an
established commercial relationship by electronic funds
transfer or other established commercial transaction payment
method through a commercial bank if the recycling agent
maintains a written record of the payment that identifies the
seller, the amount paid, and the date of the purchase.
(c) Civil Penalty.--A person who knowingly violates
subsection (a) or (b) shall be subject to a civil penalty of
not more than $5,000 for each violation, except that a person
who commits a minor violation shall be subject to a penalty
of not more than $1,000.
SEC. 1706. ENFORCEMENT BY ATTORNEY GENERAL.
The Attorney General may bring an enforcement action in an
appropriate United States district court against any person
that engages in conduct that violates this title.
SEC. 1707. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--An attorney general or equivalent
regulator of a State may bring a civil action in the name of
the State, as parens patriae on behalf of natural persons
residing in the State, in any district court of the United
States or other competent court having jurisdiction over the
defendant, to secure monetary or equitable relief for a
violation of this title.
(b) Notice Required.--Not later than 30 days before the
date on which an action under subsection (a) is filed, the
attorney general or equivalent regulator of the State
involved shall provide to the Attorney General--
(1) written notice of the action; and
(2) a copy of the complaint for the action.
(c) Attorney General Action.--Upon receiving notice under
subsection (b), the Attorney General shall have the right--
(1) to intervene in the action;
(2) upon so intervening, to be heard on all matters arising
therein;
(3) to remove the action to an appropriate district court
of the United States; and
(4) to file petitions for appeal.
(d) Pending Federal Proceedings.--If a civil action has
been instituted by the Attorney General for a violation of
this title, no State may, during the pendency of the action
instituted by the Attorney General, institute a civil action
under this title against any defendant named in the complaint
in the civil action for any violation alleged in the
complaint.
(e) Construction.--For purposes of bringing a civil action
under subsection (a), nothing in this section regarding
notification shall be construed to prevent the attorney
general or equivalent regulator of the State from exercising
any powers conferred under the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
SEC. 1708. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission, shall
review and, if appropriate, amend the Federal Sentencing
Guidelines and policy statements applicable to a person
convicted of a criminal violation of section 1703 or any
other Federal criminal law based on the theft of specified
metal by such person.
(b) Considerations.--In carrying out this section, the
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the--
(A) serious nature of the theft of specified metal; and
(B) need for an effective deterrent and appropriate
punishment to prevent such theft;
(2) consider the extent to which the guidelines and policy
statements appropriately account for--
(A) the potential and actual harm to the public from the
offense, including any damage to critical infrastructure;
(B) the amount of loss, or the costs associated with
replacement or repair, attributable to the offense;
(C) the level of sophistication and planning involved in
the offense; and
(D) whether the offense was intended to or had the effect
of creating a threat to public health or safety, injury to
another person, or death;
(3) account for any additional aggravating or mitigating
circumstances that may justify exceptions to the generally
applicable sentencing ranges;
(4) assure reasonable consistency with other relevant
directives and with other sentencing guidelines and policy
statements; and
(5) assure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing as set
forth in section 3553(a)(2) of title 18, United States Code.
SEC. 1709. STATE AND LOCAL LAW NOT PREEMPTED.
Nothing in this title shall be construed to preempt any
State or local law regulating the sale or purchase of
specified metal, the reporting of such transactions, or any
other aspect of the metal recycling industry.
SEC. 1710. EFFECTIVE DATE.
This title shall take effect 180 days after the date of
enactment of this Act.
______
SA 1556. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. INTEREST RATE LIMITATION ON DEBT ENTERED INTO
DURING MILITARY SERVICE TO CONSOLIDATE OR
REFINANCE STUDENT LOANS INCURRED BEFORE
MILITARY SERVICE.
(a) In General.--Subsection (a) of section 207 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 527) is
amended--
(1) in paragraph (1), by inserting ``on debt incurred
before service'' after ``Limitation to 6 percent'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Limitation to 6 percent on debt incurred during
service to consolidate or refinance student loans incurred
before service.--An obligation or liability bearing interest
at a rate in excess of 6 percent per year that is incurred by
a servicemember, or the servicemember and the servicemember's
spouse jointly, during military service to consolidate or
refinance one or more student loans incurred by the
servicemember before such military service shall not bear an
interest at a rate in excess of 6 percent during the period
of military service.'';
(4) in paragraph (3), as redesignated by paragraph (2) of
this subsection, by inserting ``or (2)'' after ``paragraph
(1)''; and
(5) in paragraph (4), as so redesignated, by striking
``paragraph (2)'' and inserting ``paragraph (3)''.
(b) Implementation of Limitation.--Subsection (b) of such
section is amended--
(1) in paragraph (1), by striking ``the interest rate
limitation in subsection (a)'' and inserting ``an interest
rate limitation in paragraph (1) or (2) of subsection (a)'';
and
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``as of date of
order to active duty''; and
(B) by inserting before the period at the end the
following: ``in the case of an obligation or liability
covered by subsection (a)(1), or as of the date the
servicemember (or servicemember and spouse jointly) incurs
the obligation or liability concerned under subsection
(a)(2)''.
(c) Student Loan Defined.--Subsection (d) of such section
is amended by adding at the end the following new paragraph:
``(3) Student loan.--The term `student loan' means the
following:
``(A) A Federal student loan made, insured, or guaranteed
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).
``(B) A private student loan as that term is defined in
section 140(a) of the Truth in Lending Act (15 U.S.C.
1650(a)).''.
______
SA 1557. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XXVIII, add the
following:
[[Page S3711]]
SEC. 884. ARSENAL AND ORGANIC INDUSTRIAL BASE SKILLS
SUSTAINMENT AND DOMESTIC PRODUCTION INITIATIVE.
(a) In General.--Not later than 30 days after the date on
which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31,
Unites States Code, the Secretary of Defense shall submit to
the congressional defense committees a report on the
equipment, weapons, weapons systems, components,
subcomponents, and end-items purchased from foreign entities
and identify those items which could be manufactured in the
military arsenals of the United States or the military depots
of the United States to meet the goals of section 2464 of
title 10, United States Code, as well as a plan for moving
that workload into the military arsenals or depots.
(b) Elements.--The report required by subsection (a) shall
address the following:
(1) Identification of items purchased by foreign
manufacturers meeting the definition of--
(A) section 8302(a)(1) of title 41, United States Code,
with an exception granted under subparagraph (A) or (B) of
section 8302(a)(2) of such title;
(B) section 2533b(a)(1) of title 10, United States Code,
with an exception granted under section 2533(b) of such
title; and
(C) section 2534(a) of title 10, United States Code, with a
waiver exercised under paragraph (1), (2), (4), or (5) of
section 2534(d) of such title.
(2) Assessment of the skills required to manufacture the
items identified in paragraph (1) and comparison of those
skills with skills required to meet the critical capabilities
identified by the Army Report to Congress on Critical
Manufacturing Capabilities and Capacities, dated August 2013,
and the core logistics capabilities identified by each
military service pursuant to section 2464 of title 10, United
States Code, as of the date of enactment of this bill.
(3) Identification of the tooling, equipment and facilities
upgrades necessary for a military arsenal or depot to perform
the manufacturing workload identified under paragraph (1).
(4) Identification of workload identified in paragraph (1)
most appropriate for transfer to military arsenals or depots
to meet the goals of subsection (a) or requirements of
section 2464 of title 10, United States Code.
(5) A plan to transfer manufacturing workload identified in
paragraph (4) to the military arsenals or depots within a
stated timeframe.
(6) Such other information the Secretary considers
necessary for adherence to paragraphs (4) and (5).
(7) An explanation of the rationale for continuing to sole-
source manufacturing workload identified in paragraph (1)
from a foreign source rather than a military arsenal, depot,
or other organic facility.
______
SA 1558. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. __. ARSENAL INSTALLATION REUTILIZATION AUTHORITY.
(a) In General.--Section 2667 of title 10, United States
Code, is amended--
(1) by redesignating subsections (h), (i), and (j) as
subsections (i), (j), and (k), respectively; and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Arsenal Installation Reutilization Authority.--(1) In
the case of a military manufacturing arsenal, the Secretary
concerned may authorize leases and contracts for a term of up
to 25 years, notwithstanding subsection (b)(1), if the
Secretary determines that a lease or contract of that
duration will promote the national defense or be in the
public interest for the purpose of--
``(A) helping to maintain the viability of the military
manufacturing arsenal and any military installations on which
it is located;
``(B) eliminating, or at least reducing, the cost of
Government ownership of the military manufacturing arsenal,
including the costs of operations and maintenance, the costs
of environmental remediation, and other costs; and
``(C) leveraging private investment at the military
manufacturing arsenal through long-term facility use
contracts, property management contracts, leases, or other
agreements that support and advance the preceding purposes.
``(2)(A) The Secretary concerned may delegate the authority
provided by this subsection to the commander of the military
manufacturing arsenal or, if part of a larger military
installation, the installation commander.
``(B) The delegated authority does not include the
authority to enter into a lease or contract under this
section to carry out any activity covered by section 4544(b)
of this title related to--
``(i) the sale of articles manufactured by a military
manufacturing arsenal;
``(ii) the sale of services performed by a military
manufacturing arsenal; or
``(iii) the performance of manufacturing work at the
military manufacturing arsenal.
``(3) In this subsection, the term `military manufacturing
arsenal' means a Government-owned, Government-operated
defense plant of the Department of the Defense that
manufactures weapons, weapon components, or both.''.
______
SA 1559. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 832. PROHIBITION ON AWARDING OF DEPARTMENT OF DEFENSE
CONTRACTS TO INVERTED DOMESTIC CORPORATIONS.
(a) Prohibition.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. Prohibition on awarding contracts to inverted
domestic corporations
``(a) Prohibition.--
``(1) In general.--The head of an agency may not award a
contract for the procurement of property or services to--
``(A) any foreign incorporated entity that such head has
determined is an inverted domestic corporation or any
subsidiary of such entity; or
``(B) any joint venture if more than 10 percent of the
joint venture (by vote or value) is owned by a foreign
incorporated entity that such head has determined is an
inverted domestic corporation or any subsidiary of such
entity.
``(2) Subcontracts.--
``(A) In general.--The head of an executive agency shall
include in each contract for the procurement of property or
services awarded by the executive agency with a value in
excess of $10,000,000, other than a contract for exclusively
commercial items, a clause that prohibits the prime
contractor on such contract from--
``(i) awarding a first-tier subcontract with a value
greater than 10 percent of the total value of the prime
contract to an entity or joint venture described in paragraph
(1); or
``(ii) structuring subcontract tiers in a manner designed
to avoid the limitation in paragraph (1) by enabling an
entity or joint venture described in paragraph (1) to perform
more than 10 percent of the total value of the prime contract
as a lower-tier subcontractor.
``(B) Penalties.--The contract clause included in contracts
pursuant to subparagraph (A) shall provide that, in the event
that the prime contractor violates the contract clause--
``(i) the prime contract may be terminated for default; and
``(ii) the matter may be referred to the suspension or
debarment official for the appropriate agency and may be a
basis for suspension or debarment of the prime contractor.
``(b) Inverted Domestic Corporation.--
``(1) In general.--For purposes of this section, a foreign
incorporated entity shall be treated as an inverted domestic
corporation if, pursuant to a plan (or a series of related
transactions)--
``(A) the entity completes before, on, or after May 8,
2014, the direct or indirect acquisition of--
``(i) substantially all of the properties held directly or
indirectly by a domestic corporation; or
``(ii) substantially all of the assets of, or substantially
all of the properties constituting a trade or business of, a
domestic partnership; and
``(B) after the acquisition, either--
``(i) more than 50 percent of the stock (by vote or value)
of the entity is held--
``(I) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the domestic
corporation by reason of holding stock in the domestic
corporation; or
``(II) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits
interest in the domestic partnership; or
``(ii) the management and control of the expanded
affiliated group which includes the entity occurs, directly
or indirectly, primarily within the United States, as
determined pursuant to regulations prescribed by the
Secretary of the Treasury, and such expanded affiliated group
has significant domestic business activities.
``(2) Exception for corporations with substantial business
activities in foreign country of organization.--
``(A) In general.--A foreign incorporated entity described
in paragraph (1) shall not be treated as an inverted domestic
corporation if after the acquisition the expanded affiliated
group which includes the entity has substantial business
activities in the foreign country in which or under the law
of which the entity is created or organized when compared to
the total business activities of such expanded affiliated
group.
``(B) Substantial business activities.--The Secretary of
the Treasury (or the Secretary's delegate) shall establish
regulations
[[Page S3712]]
for determining whether an affiliated group has substantial
business activities for purposes of subparagraph (A), except
that such regulations may not treat any group as having
substantial business activities if such group would not be
considered to have substantial business activities under the
regulations prescribed under section 7874 of the Internal
Revenue Code of 1986, as in effect on May 8, 2014.
``(3) Significant domestic business activities.--
``(A) In general.--For purposes of paragraph (1)(B)(ii), an
expanded affiliated group has significant domestic business
activities if at least 25 percent of--
``(i) the employees of the group are based in the United
States;
``(ii) the employee compensation incurred by the group is
incurred with respect to employees based in the United
States;
``(iii) the assets of the group are located in the United
States; or
``(iv) the income of the group is derived in the United
States.
``(B) Determination.--Determinations pursuant to
subparagraph (A) shall be made in the same manner as such
determinations are made for purposes of determining
substantial business activities under regulations referred to
in paragraph (2) as in effect on May 8, 2014, but applied by
treating all references in such regulations to `foreign
country' and `relevant foreign country' as references to `the
United States'. The Secretary of the Treasury (or the
Secretary's delegate) may issue regulations decreasing the
threshold percent in any of the tests under such regulations
for determining if business activities constitute significant
domestic business activities for purposes of this paragraph.
``(c) Waiver.--
``(1) In general.--The head of an agency may waive
subsection (a) with respect to any Federal Government
contract under the authority of such head if the head
determines that the waiver is required in the interest of
national security or is necessary for the efficient or
effective administration of Federal or Federally-funded
programs that provide health benefits to individuals.
``(2) Report to congress.--The head of an agency issuing a
waiver under paragraph (1) shall, not later than 14 days
after issuing such waiver, submit a written notification of
the waiver to the Committees on Armed Services and
Appropriations of the Senate and the House of
Representatives.
``(d) Applicability.--
``(1) In general.--Except as provided in paragraph (2),
this section shall not apply to any contract entered into
before the date of the enactment of this section.
``(2) Task and delivery orders.--This section shall apply
to any task or delivery order issued after the date of the
enactment of this section pursuant to a contract entered into
before, on, or after such date of enactment.
``(3) Scope.--This section applies only to contracts
subject to regulation under the Federal Acquisition
Regulation and the Defense Supplement to the Federal
Acquisition Regulation.
``(e) Definitions and Special Rules.--
``(1) Definitions.--In this section, the terms `expanded
affiliated group', `foreign incorporated entity', `person',
`domestic', and `foreign' have the meaning given those terms
in section 835(c) of the Homeland Security Act of 2002 (6
U.S.C. 395(c)).
``(2) Special rules.--In applying subsection (b) of this
section for purposes of subsection (a) of this section, the
rules described under 835(c)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 395(c)(1)) shall apply.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 137 of title 10, United States Code, is
amended by inserting after the item relating to section 2337
the following new item:
``2338. Prohibition on awarding contracts to inverted domestic
corporations.''
(b) Regulations Regarding Management and Control.--
(1) In general.--The Secretary of the Treasury (or the
Secretary's delegate) shall, for purposes of section
2338(b)(1)(B)(ii) of title 10, United States Code, as added
by subsection (a), prescribe regulations for purposes of
determining cases in which the management and control of an
expanded affiliated group is to be treated as occurring,
directly or indirectly, primarily within the United States.
The regulations prescribed under the preceding sentence shall
apply to periods after May 8, 2014.
(2) Executive officers and senior management.--The
regulations prescribed under paragraph (1) shall provide that
the management and control of an expanded affiliated group
shall be treated as occurring, directly or indirectly,
primarily within the United States if substantially all of
the executive officers and senior management of the expanded
affiliated group who exercise day-to-day responsibility for
making decisions involving strategic, financial, and
operational policies of the expanded affiliated group are
based or primarily located within the United States.
Individuals who in fact exercise such day-to-day
responsibilities shall be treated as executive officers and
senior management regardless of their title.
______
SA 1560. Mr. BLUMENTHAL (for himself and Mr. Durbin) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 721. MONITORING OF ADVERSE EVENT DATA ON DIETARY
SUPPLEMENT USE BY MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall modify the
electronic health record system of the military health system
to include data regarding the use by members of the Armed
Forces of dietary supplements and adverse events with respect
to dietary supplements.
(b) Requirements.--The modifications required by subsection
(a) shall ensure that the electronic health record system of
the military health system--
(1) records adverse event report data regarding dietary
supplement use by members of the Armed Forces;
(2) generates standard reports on adverse event data that
can be aggregated for analysis;
(3) issues automated alerts to signal a significant change
in adverse event reporting or to signal a risk of interaction
with a medication or other treatment; and
(4) is interoperable with the MedWatch form of the Food and
Drug Administration (as described in section 760(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379aa(d))).
(c) Outreach.--The Secretary shall conduct outreach to
health care providers in the military health system to
educate such providers on the importance of entering adverse
event report data regarding dietary supplement use by members
of the Armed Forces into the electronic health record system
of the military health system and the MedWatch form described
in subsection (b)(4).
(d) Definitions.--In this section:
(1) Adverse event.--The term ``adverse event'' has the
meaning given such term in section 761(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379aa-1(a)).
(2) Dietary supplement.--The term ``dietary supplement''
has the meaning given such term in section 201(ff) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)).
______
SA 1561. Mr. BLUMENTHAL (for himself and Mr. Durbin) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 721. REPORTING OF DIETARY SUPPLEMENT USE BY MEMBERS OF
THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall establish a
minimum requirement for the Department of Defense for the
reporting by each member of the Armed Forces of the use by
such member of dietary supplements.
(b) Other Policies of Military Departments.--Each Secretary
of a military department may establish a different policy, or
continue an existing policy, relating to the reporting of the
use of dietary supplements by members of the Armed Forces
under the jurisdiction of such Secretary only if such policy
meets at least the minimum requirement established under
subsection (a), as determined by the Secretary of Defense.
(c) Information in Health Record System.--The Secretary of
Defense shall ensure that the electronic health record system
of the military health system--
(1) records dietary supplement use by members of the Armed
Forces;
(2) generates standard reports on dietary supplement use
that can be aggregated for analysis; and
(3) issues automated alerts to signal a significant change
in dietary supplement use.
(d) Dietary Supplement Defined.--In this section, the term
``dietary supplement'' has the meaning given such term in
section 201(ff) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(ff)).
______
SA 1562. Mr. BLUMENTHAL (for himself and Mr. Durbin) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle E of title VI, add the following:
SEC. 654. LIMITATION ON SALE OF DIETARY SUPPLEMENTS IN
COMMISSARY AND EXCHANGE STORES.
(a) Limitation.--Section 2484(c) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
[[Page S3713]]
``(4)(A) A dietary supplement may be sold by a commissary
store or exchange store, or a retail establishment operating
on a military installation, only if--
``(i) the dietary supplement has been verified by an
independent third party for recognized public standards of
identity, purity, strength, and composition, and adherence to
related process standards; or
``(ii) the dietary supplement complies with Defense
Commissary Agency policy on inventory carried by
commissaries.
``(B) The Secretary of Defense shall, in consultation with
the Commissioner of the Food and Drug Administration,
identify the third parties that may provide verification
under this paragraph.
``(C) In this paragraph, the term `dietary supplement' has
the meaning given that term in section 201(ff) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act, and shall apply with respect to
sales that occur on or after such effective date.
______
SA 1563. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R.
1735, to authorize appropriations for fiscal year 2016 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 738. REPORT ON IMPLEMENTATION OF DATA SECURITY AND
TRANSMISSION STANDARDS FOR ELECTRONIC HEALTH
RECORDS.
(a) In General.--Not later than June 1, 2016, the Secretary
of Defense and the Secretary of Veterans Affairs shall
jointly submit to Congress a report on the standards for
security and transmission of data to be implemented by the
Department of Defense and the Department of Veterans Affairs
in deploying the new or updated, as the case may be,
electronic health record system of each such Department
(required to be deployed by each such Department under
section 713 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 1071 note)) at
military installations and in field environments.
(b) Transmission of Data.--The report required by
subsection (a) shall include information on standards for
transmission of data between the Department of Defense and
the Department of Veterans Affairs and standards for
transmission of data between each such Department and private
sector entities.
______
SA 1564. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R.
1735, to authorize appropriations for fiscal year 2016 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. INCREASE IN CIVIL PENALTIES FOR VIOLATION OF
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 801(b)(3) of the Servicemembers
Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended--
(1) in subparagraph (A), by striking ``$55,000'' and
inserting ``$110,000''; and
(2) in subparagraph (B), by striking ``$110,000'' and
inserting ``$220,000''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act and shall apply with respect to
violations of the Servicemembers Civil Relief Act (50 U.S.C.
App. 501 et seq.) that occur on or after such date.
______
SA 1565. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 31, strike line 1 and all that follows through
``assessment'' on line 5 and insert the following: ``A
Capabilities Based Assessment or equivalent report to assess
capability gaps and associated capability requirements and
risks for the upgraded Littoral Combat Ship, which is
proposed to commence with LCS 33. This assessment or
equivalent report''.
______
SA 1566. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 645, between lines 16 and 17, insert the following:
(4) At the 2006 North Atlantic Treaty Organization Summit
in Riga, North Atlantic Treaty Organization member countries
agreed to commit a minimum of two per cent of their national
income or Gross Domestic Product (GDP) to spending on
defense.
(5) At the 2014 North Atlantic Treaty Organization Summit
in Wales, North Atlantic Treaty Organization member countries
agreed that ``allies currently meeting the NATO guideline to
spend a minimum of 2% of their Gross Domestic Product (GDP)
on defense will aim to continue to do so'' and that ``allies
whose current proportion of GDP spent on defense is below
this level will: halt any decline in defense expenditure; aim
to increase defense expenditure in real terms as GDP grows;
aim to move towards the two percent guideline within a decade
with a view to meeting their NATO Capability Targets and
filling NATO's capability shortfalls''.
(6) In 2015, four out of the 28 North Atlantic Treaty
Organization member countries, including the United States,
meet the two percent target.
On page 646, strike line 16 and insert the following:
spending; and
(5) the North Atlantic Treaty Organization member countries
are strongly urged to meet their commitment to spend two
percent of their Gross Domestic Product on defense.
______
SA 1567. Ms. AYOTTE (for herself, Mr. Wicker, Mr. Inhofe, and Mrs.
Fischer) submitted an amendment intended to be proposed to amendment SA
1463 proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
Beginning on page 728, strike line 12 and all that follows
through page 729, line 8, and insert the following:
SEC. 1643. AIR DEFENSE CAPABILITY AT NORTH ATLANTIC TREATY
ORGANIZATION MISSILE DEFENSE SITES.
(a) Determination and Notification.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) determine whether the Aegis Ashore site in Romania and
the site to be deployed in the Republic of Poland are capable
of defending United States and allied personnel deployed at
such sites from air warfare threats, including cruise
missiles; and
(2) submit to the congressional defense committees notice
of such determination.
(b) Plan.--
(1) In general.--Except as provided in paragraph (3), if
the Secretary determines pursuant to subsection (a)(1) that
the Aegis Ashore sites described in such subsection are not
capable of defending as described in such subsection, the
Secretary shall--
(A) submit to the congressional defense committees, along
with the annual budget request submitted to Congress under
section 1105 of title 31, United States Code, for fiscal year
2017, a plan to ensure that such sites have, by not later
than December 31, 2018, anti-air warfare capability that is
capable of defending as described in such subsection; and
(B) ensure that, not later than December 31, 2018, both
sites described in such subsection have the capability
described in such subsection.
(2) Elements.--The plan submitted under paragraph (1)(A)
shall include a descriptions of the contributions that the
Secretary anticipates from the North Atlantic Treaty
Organization and members of such organization to ensure the
sites described in subsection (a)(1) have anti-air warfare
capability that is capable of defending as described in such
subsection.
(3) Delay of implementation.--The Secretary may delay the
requirement in paragraph (1)(B) if the Director of the
Missile Defense Agency submits to the congressional defense
committees a certification in writing that such delay is
necessary to ensure initial operational capability of the
ballistic missile defense system at such sites in accordance
with the timeline in the 2010 Ballistic Missile Defense
Review.
______
SA 1568. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
[[Page S3714]]
SEC. __. UNAUTHORIZED DEALINGS IN SPECIAL NUCLEAR MATERIAL.
Section 57b.(2) of the Atomic Energy Act of 1954 (42 U.S.C.
2077(b)(2)) is amended in the first sentence in the proviso
by inserting ``the Director of National Intelligence,'' after
``Commerce,''.
______
SA 1569. Mr. BURR (for himself and Mrs. Boxer) submitted an amendment
intended to be proposed to amendment SA 1463 proposed by Mr. McCain to
the bill H.R. 1735, to authorize appropriations for fiscal year 2016
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title V, add the following:
SEC. 565. CRIMINAL BACKGROUND CHECKS OF EMPLOYEES OF THE
MILITARY CHILD CARE SYSTEM AND PROVIDERS OF
CHILD CARE SERVICES AND YOUTH PROGRAM SERVICES
FOR MILITARY DEPENDENTS.
(a) Employees of Military Child Care System.--Section 1792
of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Criminal Background Check.--The criminal background
check of child care employees under this section that is
required pursuant to section 231 of the Crime Control Act of
1990 (42 U.S.C. 13041) shall be conducted pursuant to
regulations prescribed by the Secretary of Defense in
accordance with the provisions of section 658H of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858f).''.
(b) Providers of Child Care Services and Youth Program
Services.--Section 1798 of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Criminal Background Check.--A provider of child care
services or youth program services may not provide such
services under this section unless such provider complies
with the requirements for criminal background checks under
section 658H of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858f) for the State in which such
services are provided.''.
______
SA 1570. Mr. WARNER (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. SENSE OF CONGRESS ON THE DEFENSE RELATIONSHIP
BETWEEN THE UNITED STATES AND THE REPUBLIC OF
INDIA.
(a) Findings.--Congress makes the following findings:
(1) The United States has an upgraded, strategic-plus
relationship with India based on regional cooperation, space
science cooperation, and defense cooperation.
(2) The defense relationship between the United States and
the Republic of India is strengthened by the common
commitment of both countries to democracy.
(3) The United States and the Republic of India share a
common and long-standing commitment to civilian control of
the military.
(4) The United States and the Republic of India have
increasingly worked together on defense cooperation across a
range of activities, exercises, initiatives, and research.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) continue to expand defense cooperation with the
Republic of India;
(2) welcome the role of the Republic of India in providing
security and stability in the Indo-Pacific region and beyond;
(3) work cooperatively with the Republic of India on
matters relating to our common defense;
(4) vigorously support the implementation of the United
States-India Defense Framework Agreement; and
(5) support the India Defense Trade and Technology
Initiative.
______
SA 1571. Mr. WARNER (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 524. SENSE OF CONGRESS RECOGNIZING THE DIVERSITY OF THE
MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress finds the following:
(1) The United States military includes individuals with a
variety of national, ethnic, and cultural backgrounds that
have roots all over the world.
(2) In addition to diverse backgrounds, members of the
Armed Forces come from numerous religious traditions,
including Christian, Hindu, Jewish, Muslim, Sikh, non-
denominational, nonpracticing, and many more.
(3) Members of the Armed Forces from diverse backgrounds
and religious traditions have lost their lives or been
injured defending the national security of the United States.
(4) Diversity contributes to the strength of the Armed
Forces, and service members from different backgrounds and
religious traditions share the same goal of defending the
United States.
(5) The unity of the Armed Forces reflects the strength in
diversity that makes the United States a great Nation.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) continue to recognize and promote diversity in the
Armed Forces; and
(2) honor those from all diverse backgrounds and religious
traditions who have made sacrifices in serving the United
States through the Armed Forces.
______
SA 1572. Mr. SULLIVAN (for himself and Mr. Inhofe) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1264. SENSE OF CONGRESS ON THE UNITED STATES ALLIANCE
WITH THE REPUBLIC OF KOREA.
It is the sense of Congress that--
(1) the alliance between the United States and the Republic
of Korea has served as an anchor for stability, security, and
prosperity on the Korean Peninsula, in the Asia-Pacific
region, and around the world;
(2) the United States and the Republic of Korea continue to
strengthen and adapt the bilateral, regional, and global
scope of the comprehensive strategic alliance between the two
nations, to serve as a linchpin of peace and stability in the
Asia-Pacific region, recognizing the shared values of
democracy, human rights, free and open marketS, and the rule
of law, as reaffirmed in the May 2013 ``Joint Declaration in
Commemoration of the 60th Anniversary of the Alliance between
the Republic of Korea and the United States of America'';
(3) the United States and the Republic of Korea continue to
broaden and deepen the alliance by strengthening the combined
defense posture on the Korean Peninsula, enhancing mutual
security based on the Republic of Korea-United States Mutual
Defense Treaty, and promoting cooperation for regional and
global security in the 21st century;
(4) the United States and the Republic of Korea share deep
concerns that the nuclear, cyber, and ballistic missiles
programs of North Korea and its repeated provocations pose
grave threats to peace and stability on the Korean Peninsula
and Northeast Asia and recognize that both nations are
determined to achieve the peaceful denuclearization of North
Korea and remain fully committed to continuing close
cooperation on the full range of issues related to North
Korea;
(5) the United States and the Republic of Korea are
particularly concerned that the nuclear and ballistic missile
programs of North Korea, including North Korean efforts to
miniaturize their nuclear technology and improve the mobility
of their ballistic missiles, have gathered significant
momentum and are poised to expand in the coming years;
(6) the Republic of Korea has made progress in enhancing
future warfighting and interoperability capabilities by
taking steps toward procuring Patriot Advanced Capability
missiles, F-35 Joint Strike Fighter Aircraft, and RQ-4 Global
Hawk Surveillance Aircraft;
(7) the United States supports the vision of a Korean
Peninsula free of nuclear weapons, free from the fear of war,
and peacefully reunited on the basis of democratic and free
market principles, as articulated in President Park's address
in Dresden, Germany; and
(8) the United States and the Republic of Korea share the
future interests of both nations in securing peace and
stability on the Korean Peninsula and in Northeast Asia.
______
SA 1573. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016
[[Page S3715]]
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title X, add the following:
SEC. 10__. REPORT ON UNITED STATES CONTRIBUTIONS TO THE
UNITED NATIONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
Director of the Office of Management and Budget shall submit
to Congress a report on all assessed and voluntary
contributions, including in-kind, of the United States
Government to the United Nations and its affiliated agencies
and related bodies during the previous fiscal year.
(b) Content.--The report required under subsection (a)
shall include the following elements:
(1) The total amount of all assessed and voluntary
contributions, including in-kind, of the United States
Government to the United Nations and United Nations
affiliated agencies and related bodies.
(2) The approximate percentage of United States Government
contributions to each United Nations affiliated agency or
body in such fiscal year when compared with all contributions
to such agency or body from any source in such fiscal year.
(3) For each such contribution--
(A) the amount of the contribution;
(B) a description of the contribution (including whether
assessed or voluntary);
(C) the department or agency of the United States
Government responsible for the contribution;
(D) the purpose of the contribution; and
(E) the United Nations or United Nations affiliated agency
or related body receiving the contribution.
(c) Scope of Initial Report.--The first report required
under subsection (a) shall include the information required
under this section for the previous five fiscal years.
(d) Public Availability of Information.--Not later than 14
days after submitting a report required under subsection (a),
the Director of the Office of Management and Budget shall
post a public version of the report on a text-based,
searchable, and publicly available Internet website.
______
SA 1574. Mrs. BOXER submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title V, add the following:
SEC. 515. PILOT PROGRAM ON JOB PLACEMENT AND RELATED
EMPLOYMENT ASSISTANCE FOR MEMBERS OF THE
NATIONAL GUARD AND THE RESERVES.
(a) Pilot Program Authorized.--
(1) In general.--The Secretary of Defense may carry out a
pilot program to enhance the efforts of the Department of
Defense to provide job placement assistance and related
employment services directly to members of the National Guard
and the Reserves.
(2) Consultation.--The Secretary shall carry out the pilot
program in consultation with the Chief of the National Guard
Bureau.
(b) Eligible Members.--The members of the National Guard
and the Reserves eligible for job placement assistance and
related employment services under the pilot program are such
categories of members as the Secretary shall specify for
purposes of the pilot program.
(c) Assistance and Services.--The mechanisms assessed under
the pilot program shall include mechanisms as follows:
(1) To identify unemployed and underemployed members of the
National Guard and the Reserves.
(2) To provide job placement assistance and related
employment services to members of the National Guard and the
Reserves on an individualized basis, including--
(A) resume writing and interview preparation assistance and
services;
(B) cost-effective job placement services;
(C) post-employment follow up services; and
(D) such other assistance and services as the Secretary
shall specify for purposes of the pilot program.
(d) Discharge.--
(1) Discharge through adjutants general.--The Secretary
shall provide for the carrying out of the pilot program
through the Adjutants General of the States.
(2) Outreach.--The Adjutants General shall take appropriate
actions to facilitate participation in the pilot program by
eligible members of the National Guard and the Reserves,
including through outreach to unit commanders.
(e) State Matching Share of Funds.--In order for the pilot
program to be carried out in a State, the State shall agree
to contribute to the carrying out of the pilot program an
amount, derived from non-Federal sources, equal to at least
30 percent of the funds provided by the Secretary for
carrying out the pilot program in the State.
(f) Evaluation Metrics.--The Secretary shall establish
metrics for purposes of evaluating the success of the pilot
program.
(g) Annual Report.--
(1) In general.--The Secretary shall submit to the
congressional defense committees on an annual basis a report
on the activities, if any, under the pilot program during the
preceding fiscal year.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description of the activities under the pilot program
during the fiscal year covered by such report, set forth by
State in which the pilot program was carried out, including--
(i) the number of members of the National Guard and the
Reserves who participated in the pilot program;
(ii) the job placement assistance and related employment
services provided to such members under the pilot program;
and
(iii) the number of members of the National Guard and
Reserves who obtained employment through participation in the
pilot program.
(B) A comparison of the pilot program with other programs
conducted by the Department of Defense during such fiscal
year to provide job placement assistance and related
employment services to unemployed and underemployed members
of the National Guard and the Reserves, including the costs
of services per individual under such programs.
(C) An assessment of the impact of the pilot program, and
increased employment among members of the National Guard and
the Reserves as a result of the pilot program, on the
readiness of the reserve components of the Armed Forces.
(D) Such recommendations for improvement or extension of
the pilot program as the Secretary considers appropriate.
(E) Such other matters relating to the pilot program as the
Secretary considers appropriate.
(h) Limitation on Funding.--The amount obligated by the
Secretary in any fiscal year to carry out the pilot program
may not exceed $20,000,000.
(i) Sunset.--
(1) In general.--Except as provided in paragraph (2), the
authority to carry out the pilot program shall expire on
September 30, 2019.
(2) Two-year extension.--The Secretary may continue to
carry out the pilot program for a period, not in excess of
two years, after September 30, 2019, if the Secretary
considers continuation of the pilot program for such period
to be advisable.
______
SA 1575. Mrs. BOXER (for herself, Ms. Baldwin, Mr. Markey, and Mrs.
Feinstein) submitted an amendment intended to be proposed to amendment
SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. PILOT PROGRAM ON PROVISION OF FURNITURE, HOUSEHOLD
ITEMS, AND OTHER ASSISTANCE TO HOMELESS
VETERANS MOVING INTO PERMANENT HOUSING.
(a) Pilot Program Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall commence a pilot program to assess the feasibility and
advisability of awarding grants to eligible entities to
provide furniture, household items, and other assistance to
covered veterans moving into permanent housing to facilitate
the settlement of such covered veterans in such housing.
(2) Eligible entities.--For purposes of the pilot program,
an eligible entity is any of the following:
(A) A veterans service agency.
(B) A veterans service organization.
(C) A nongovernmental organization that--
(i) is described in paragraph (3), (4), or (19) of section
501(c) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such code; and
(ii) has an established history of providing assistance to
veterans or the homeless.
(3) Covered veterans.--For purposes of the pilot program, a
covered veteran is any of the following:
(A) A formerly homeless veteran who is receiving housing,
clinical services, and case management assistance under
section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)).
(B) A veteran who is receiving--
(i) assistance from, or is the beneficiary of a service
furnished by, a program that is in receipt of a grant under
section 2011 of title 38, United States Code; or
(ii) services for which per diem payment is received under
section 2012 of such title.
(C) A veteran who is--
(i) a beneficiary of the outreach program carried out under
section 2022(e) of such title; or
(ii) in receipt of referral or counseling services from the
program carried out under section 2023 of such title.
(D) A veteran who is receiving a service or assistance
under section 2031 of such title.
[[Page S3716]]
(E) A veteran who is residing in therapeutic housing
operated under section 2032 of such title.
(F) A veteran who is receiving domiciliary services under
section 2043 of such title or domiciliary care under section
1710(b) of such title.
(G) A veteran who is receiving supportive services under
section 2044 of such title.
(4) Duration.--The Secretary shall carry out the pilot
program during the three-year period beginning on the date of
the commencement of the pilot program.
(b) Grants.--
(1) In general.--The Secretary shall carry out the pilot
program through the award of grants to eligible entities for
the provision of furniture and other household items as
described in subsection (a)(1).
(2) Maximum amount.--The amount of a grant awarded under
the pilot program shall not exceed $500,000.
(c) Selection of Grant Recipients.--
(1) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an
application therefor in such form and in such manner as the
Secretary considers appropriate.
(2) Selection priority.--
(A) Communities with greatest need.--Subject to
subparagraph (B), in accordance with regulations the
Secretary shall prescribe, the Secretary shall give priority
in the awarding of grants under the pilot program to eligible
entities who serve communities which the Secretary determines
have the greatest need of homeless services.
(B) Geographic distribution.--The Secretary may give
priority in the awarding of grants under the pilot program to
achieve a fair distribution, as determined by the Secretary,
among eligible entities serving covered veterans in different
geographic regions, including in rural communities and tribal
lands.
(d) Use of Grant Funds.--
(1) In general.--Except as provided in paragraph (2), each
eligible entity receiving a grant under the pilot program
shall use the grant--
(A) to coordinate with the Secretary to facilitate
distribution of furniture and other household items to
covered veterans moving into permanent housing;
(B) to purchase, or otherwise obtain via donation,
furniture and household items for use by such covered
veterans;
(C) to distribute such furniture and household items to
such covered veterans; and
(D) to pay for background checks, provide security
deposits, provide funds for utilities, and provide moving
expenses for such covered veterans that are necessary for the
settlement of such covered veterans in such housing.
(2) Maximum amount of assistance.--A recipient of a grant
awarded under the pilot program may not expend more than
$2,500 of the amount of the grant awarded for the provision
to a single covered veteran of assistance under the pilot
program.
(3) Memorandums of understanding.--In the case of an
eligible entity receiving a grant under the pilot program
that entered into a memorandum of understanding with the
Secretary before the date of the enactment of this Act that
provides for the provision of furniture and other household
items to covered veterans as described in subsection (a)
without Federal compensation, the eligible entity may use the
grant in accordance with the provisions of such memorandum of
understanding in lieu of paragraph (1).
(4) Full use of funds.--
(A) In general.--A recipient of a grant awarded under the
pilot program shall use the full amount of the grant by not
later than one year after the date on which the Secretary
awards such grant.
(B) Recovery.--The Secretary may recover from a recipient
of a grant awarded under this section all of the unused
amounts of the grant if all of the amounts of the grant are
not used--
(i) pursuant to paragraph (1) and subparagraph (A) of this
paragraph; or
(ii) in a case described in paragraph (3), pursuant to an
applicable memorandum of understanding.
(e) Outreach.--The Secretary shall conduct outreach,
including under chapter 63 of title 38, United States Code,
to inform covered veterans about their eligibility to receive
household items, furniture, and other assistance under the
pilot program.
(f) Regulations.--The Secretary shall prescribe regulations
for--
(1) evaluating an application by an eligible entity for a
grant under the pilot program; and
(2) otherwise administering the pilot program.
(g) Report.--
(1) In general.--Not later than the date that is 90 days
after the last day of the pilot program, the Secretary shall
submit to Congress a report on the pilot program.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) An assessment of the pilot program.
(B) The findings of the Secretary with respect to the
feasibility and advisability of awarding grants to eligible
entities as described in subsection (a)(1).
(C) Such recommendations as the Secretary may have for
legislative or administrative action to facilitate the
settlement of covered veterans into permanent housing.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each year of the pilot program.
(i) Definitions.--In this section:
(1) Outreach.--The term ``outreach'' has the meaning given
such term in section 6301(b)(1) of title 38, United States
Code.
(2) Veterans service agency.--The term ``veterans service
agency'' means a unit of a State government, or a political
subdivision thereof, that has primary responsibility for
programs and activities of such government or subdivision
related to veterans benefits.
(3) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by
the Secretary for the representation of veterans under
section 5902 of title 38, United States Code.
______
SA 1576. Mrs. BOXER submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title III, add the following:
SEC. 355. USE OF AIR NATIONAL GUARD AND AIR FORCE RESERVE FOR
INITIAL AIRBORNE RESPONSE TO FIGHTING
WILDFIRES.
(a) Interagency Agreements.--Subject to subsection (b), in
order to prevent the loss of life and reduce property losses
from wildfires, section 1535(a)(4) of title 31, United States
Code, shall not apply to limit the use of interagency
agreements with the Air National Guard or Air Force Reserve
to procure the services of a unit of the Air National Guard
or Air Force Reserve to conduct Defense Support to Civil
Authority (DSCA) missions utilizing military fixed-wing
aerial firefighting aircraft, including Modular Airborne Fire
Fighting System (MAFFS) units, in the airborne response to
fighting wildfires.
(b) Limitations.--Section 1535(a)(4) of title 31, United
States Code, shall not apply to interagency agreements
described in subsection (a) only when a requesting agency
determines that--
(1) privately contracted fixed-wing aerial firefighting
aircraft are unavailable;
(2) there is an unfilled request for fixed-wing aerial
firefighting aircraft, including MAFFS units, to perform an
initial airborne response; or
(3) fixed-wing aerial firefighting aircraft, including
MAFFS units, are needed to supplement privately contracted
fixed-wing aerial firefighting aircraft.
(c) Rule of Construction.--Nothing in this section shall be
interpreted as diminishing the role of contractor owned and
operated fixed-wing aircraft as the primary source of aerial
firefighting assets for the Federal wildland firefighting
agencies.
______
SA 1577. Mrs. FEINSTEIN (for herself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SECTION 1085. TRANSNATIONAL DRUG TRAFFICKING ACT.
(a) Short Title.--This section may be cited as the
``Transnational Drug Trafficking Act of 2015''.
(b) Possession, Manufacture or Distribution for Purposes of
Unlawful Importations.--Section 1009 of the Controlled
Substances Import and Export Act (21 U.S.C. 959) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) in subsection (a), by striking ``It shall'' and all
that follows and inserting the following: ``It shall be
unlawful for any person to manufacture or distribute a
controlled substance in schedule I or II or flunitrazepam or
a listed chemical intending, knowing, or having reasonable
cause to believe that such substance or chemical will be
unlawfully imported into the United States or into waters
within a distance of 12 miles of the coast of the United
States.
``(b) It shall be unlawful for any person to manufacture or
distribute a listed chemical--
``(1) intending or knowing that the listed chemical will be
used to manufacture a controlled substance; and
``(2) intending, knowing, or having reasonable cause to
believe that the controlled substance will be unlawfully
imported into the United States.''.
(c) Trafficking in Counterfeit Goods or Services.--Chapter
113 of title 18, United States Code, is amended--
(1) in section 2318(b)(2), by striking ``section 2320(e)''
and inserting ``section 2320(f)''; and
(2) in section 2320--
(A) in subsection (a), by striking paragraph (4) and
inserting the following:
[[Page S3717]]
``(4) traffics in a drug and knowingly uses a counterfeit
mark on or in connection with such drug,'';
(B) in subsection (b)(3), in the matter preceding
subparagraph (A), by striking ``counterfeit drug'' and
inserting ``drug that uses a counterfeit mark on or in
connection with the drug''; and
(C) in subsection (f), by striking paragraph (6) and
inserting the following:
``(6) the term `drug' means a drug, as defined in section
201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).''.
______
SA 1578. Mrs. GILLIBRAND (for herself, Mrs. Boxer, Mr. Grassley, Mr.
Cruz, Ms. Murkowski, Mr. Blumenthal, Mrs. Shaheen, Ms. Hirono, Mr.
Paul, Mr. Coons, Mr. Heller, Mr. Durbin, Mr. Kirk, Mr. Markey, Mr.
Cardin, Mr. Menendez, Mr. Udall, Mr. Schumer, Mr. Wyden, Mr. Schatz,
Ms. Baldwin, Ms. Stabenow, Mr. Donnelly, Mr. Heinrich, Ms. Warren, and
Mr. Leahy) submitted an amendment intended to be proposed to amendment
SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title V, add the following:
Subtitle I--Uniform Code of Military Justice Reform
SEC. 596. SHORT TITLE.
This subtitle may be cited as the ``Military Justice
Improvement Act of 2015''.
SEC. 597. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED
TO TRIAL BY COURT-MARTIAL ON CHARGES ON CERTAIN
OFFENSES WITH AUTHORIZED MAXIMUM SENTENCE OF
CONFINEMENT OF MORE THAN ONE YEAR.
(a) Modification of Authority.--
(1) In general.--
(A) Military departments.--With respect to charges under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), that allege an offense specified in
paragraph (2) and not excluded under paragraph (3), the
Secretary of Defense shall require the Secretaries of the
military departments to provide for the determination under
section 830(b) of such chapter (article 30(b) of the Uniform
Code of Military Justice) on whether to try such charges by
court-martial as provided in paragraph (4).
(B) Homeland security.--With respect to charges under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), that allege an offense specified in
paragraph (2) and not excluded under paragraph (3) against a
member of the Coast Guard (when it is not operating as a
service in the Navy), the Secretary of Homeland Security
shall provide for the determination under section 830(b) of
such chapter (article 30(b) of the Uniform Code of Military
Justice) on whether to try such charges by court-martial as
provided in paragraph (4).
(2) Covered offenses.--An offense specified in this
paragraph is an offense as follows:
(A) An offense under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), that is triable
by court-martial under that chapter for which the maximum
punishment authorized under that chapter includes confinement
for more than one year.
(B) An offense of retaliation for reporting a crime under
section 893 of title 10, United States Code (article 93 of
the Uniform Code of Military Justice), as amended by section
599B of this Act, regardless of the maximum punishment
authorized under that chapter for such offense.
(C) An offense under section 907a of title 10, United
States Code (article 107a of the Uniform Code of Military
Justice), as added by section 599C of this Act, regardless of
the maximum punishment authorized under that chapter for such
offense.
(D) A conspiracy to commit an offense specified in
subparagraph (A) through (C) as punishable under section 881
of title 10, United States Code (article 81 of the Uniform
Code of Military Justice).
(E) A solicitation to commit an offense specified in
subparagraph (A) through (C) as punishable under section 882
of title 10, United States Code (article 82 of the Uniform
Code of Military Justice).
(F) An attempt to commit an offense specified in
subparagraphs (A) through (E) as punishable under section 880
of title 10, United States Code (article 80 of the Uniform
Code of Military Justice).
(3) Excluded offenses.--Paragraph (1) does not apply to an
offense as follows:
(A) An offense under sections 883 through 917 of title 10,
United States Code (articles 83 through 117 of the Uniform
Code of Military Justice).
(B) An offense under section 933 or 934 of title 10, United
States Code (articles 133 and 134 of the Uniform Code of
Military Justice).
(C) A conspiracy to commit an offense specified in
subparagraph (A) or (B) as punishable under section 881 of
title 10, United States Code (article 81 of the Uniform Code
of Military Justice).
(D) A solicitation to commit an offense specified in
subparagraph (A) or (B) as punishable under section 882 of
title 10, United States Code (article 82 of the Uniform Code
of Military Justice).
(E) An attempt to commit an offense specified in
subparagraph (A) through (D) as punishable under section 880
of title 10, United States Code (article 80 of the Uniform
Code of Military Justice).
(4) Requirements and limitations.--The disposition of
charges pursuant to paragraph (1) shall be subject to the
following:
(A) The determination whether to try such charges by court-
martial shall be made by a commissioned officer of the Armed
Forces designated in accordance with regulations prescribed
for purposes of this subsection from among commissioned
officers of the Armed Forces in grade O-6 or higher who--
(i) are available for detail as trial counsel under section
827 of title 10, United States Code (article 27 of the
Uniform Code of Military Justice);
(ii) have significant experience in trials by general or
special court-martial; and
(iii) are outside the chain of command of the member
subject to such charges.
(B) Upon a determination under subparagraph (A) to try such
charges by court-martial, the officer making that
determination shall determine whether to try such charges by
a general court-martial convened under section 822 of title
10, United States Code (article 22 of the Uniform Code of
Military Justice), or a special court-martial convened under
section 823 of title 10, United States Code (article 23 of
the Uniform Code of Military Justice).
(C) A determination under subparagraph (A) to try charges
by court-martial shall include a determination to try all
known offenses, including lesser included offenses.
(D) The determination to try such charges by court-martial
under subparagraph (A), and by type of court-martial under
subparagraph (B), shall be binding on any applicable
convening authority for a trial by court-martial on such
charges.
(E) The actions of an officer described in subparagraph (A)
in determining under that subparagraph whether or not to try
charges by court-martial shall be free of unlawful or
unauthorized influence or coercion.
(F) The determination under subparagraph (A) not to proceed
to trial of such charges by general or special court-martial
shall not operate to terminate or otherwise alter the
authority of commanding officers to refer such charges for
trial by summary court-martial convened under section 824 of
title 10, United States Code (article 24 of the Uniform Code
of Military Justice), or to impose non-judicial punishment in
connection with the conduct covered by such charges as
authorized by section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice).
(5) Construction with charges on other offenses.--Nothing
in this subsection shall be construed to alter or affect the
disposition of charges under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), that
allege an offense triable by court-martial under that chapter
for which the maximum punishment authorized under that
chapter includes confinement for one year or less.
(6) Policies and procedures.--
(A) In general.--The Secretaries of the military
departments and the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy) shall revise policies and procedures as
necessary to comply with this subsection.
(B) Uniformity.--The General Counsel of the Department of
Defense and the General Counsel of the Department of Homeland
Security shall jointly review the policies and procedures
revised under this paragraph in order to ensure that any lack
of uniformity in policies and procedures, as so revised,
among the military departments and the Department of Homeland
Security does not render unconstitutional any policy or
procedure, as so revised.
(7) Manual for courts-martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this subsection.
(b) Effective Date and Applicability.--Subsection (a), and
the revisions required by that subsection, shall take effect
on the date that is 180 days after the date of the enactment
of this Act, and shall apply with respect to charges
preferred under section 830 of title 10, United States Code
(article 30 of the Uniform Code of Military Justice), on or
after such effective date.
SEC. 598. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE
GENERAL AND SPECIAL COURTS-MARTIAL.
(a) In General.--Subsection (a) of section 822 of title 10,
United States Code (article 22 of the Uniform Code of
Military Justice), is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) the officers in the offices established pursuant to
section 598(c) of the Military Justice Improvement Act of
2015 or officers in the grade of O-6 or higher who are
assigned such responsibility by the Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff of
the Air Force, the Commandant of the Marine Corps, or the
Commandant of the Coast Guard, but only with respect to
offenses to which section 597(a)(1) of the Military Justice
Improvement Act of 2015 applies;''.
[[Page S3718]]
(b) No Exercise by Officers in Chain of Command of Accused
or Victim.--Such section (article) is further amended by
adding at the end the following new subsection:
``(c) An officer specified in subsection (a)(8) may not
convene a court-martial under this section if the officer is
in the chain of command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed
Forces or Commandant specified in paragraph (8) of section
822(a) of title 10, United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial under
sections 822 and 823 of title 10, United States Code
(articles 22 and 23 of the Uniform Code of Military Justice),
pursuant to paragraph (8) of section 822(a) of title 10,
United States Code (article 22(a) of the Uniform Code of
Military Justice), as so amended, with respect to offenses to
which section 597(a)(1) applies.
(B) To detail under section 825 of title 10, United States
Code (article 25 of the Uniform Code of Military Justice),
members of courts-martial convened as described in
subparagraph (A).
(2) Personnel.--The personnel of each office established
under paragraph (1) shall consist of such members of the
Armed Forces and civilian personnel of the Department of
Defense, or such members of the Coast Guard or civilian
personnel of the Department of Homeland Security, as may be
detailed or assigned to the office by the Chief of Staff or
Commandant concerned. The members and personnel so detailed
or assigned, as the case may be, shall be detailed or
assigned from personnel billets in existence on the date of
the enactment of this Act.
SEC. 599. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND
RESOURCES.
(a) In General.--The Secretaries of the military
departments and the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy) shall carry out sections 597 and 598
(and the amendments made by section 598) using personnel,
funds, and resources otherwise authorized by law.
(b) No Authorization of Additional Personnel or
Resources.--Sections 597 and 598 (and the amendments made by
section 598) shall not be construed as authorizations for
personnel, personnel billets, or funds for the discharge of
the requirements in such sections.
SEC. 599A. MONITORING AND ASSESSMENT OF MODIFICATION OF
AUTHORITIES ON COURTS-MARTIAL BY INDEPENDENT
PANEL ON REVIEW AND ASSESSMENT OF PROCEEDINGS
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
Section 576(d)(2) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is
amended--
(1) by redesignating subparagraph (J) as subparagraph (K);
and
(2) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) Monitor and assess the implementation and efficacy of
sections 597 through 599 of the Military Justice Improvement
Act of 2015, and the amendments made by such sections.''.
SEC. 599B. EXPLICIT CODIFICATION OF RETALIATION FOR REPORTING
A CRIME AS AN OFFENSE UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) In General.--Section 893 of title 10, United States
Code (article 93 of the Uniform Code of Military Justice), is
amended--
(1) by inserting ``(a)'' before ``Any person'';
(2) in subsection (a), as so designated, by inserting ``,
or retaliating against any person subject to his orders for
reporting a criminal offense,'' after ``any person subject to
his orders''; and
(3) by adding at the end the following new subsection:
``(b) This section (article) is the sole section of this
chapter under which the offense of retaliating against any
person subject to a person's orders for reporting a criminal
offense as described in subsection (a) is punishable.''.
(b) Conforming Amendments.--
(1) Section (article) heading.--The heading of such section
(article) is amended to read as follows:
``Sec. 893. Art. 93. Cruelty and maltreatment; retaliation
for reporting a crime''.
(2) Table of sections (articles).--The table of sections at
the beginning of subchapter X of chapter 47 of such title is
amended by striking the item relating to section 893 (article
93) and inserting the following new item:
``893. Art. 93. Cruelty and maltreatment; retaliation for reporting a
crime.''.
(c) Repeal of Superseded Prohibition.--Section 1709 of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 962; 10 U.S.C. 113 note) is
repealed.
SEC. 599C. ESTABLISHMENT OF OBSTRUCTION OF JUSTICE AS A
SEPARATE OFFENCE UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Punitive Article.--Subchapter X of chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after section 907 (article
107) the following new section (article):
``Sec. 907a. Art. 107a. Obstruction of justice
``(a) Any person subject to this chapter who wrongfully
does a certain act with the intent to influence, impede, or
otherwise obstruct the due administration of justice shall be
punished as a court-martial may direct, except that the
maximum punishment authorized for such offense may not exceed
dishonorable discharge, forfeiture of all pay and allowances,
and confinement for not more than five years.
``(b) This section (article) is the sole section of this
chapter under which an offense described in subsection (a) is
punishable.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of such title, as
amended by section 599B(b)(2) of this Act, is further amended
by inserting after the item relating to section 907 (article
107) the following new item:
``907a. Art. 107a. Obstruction of justice.''.
______
SA 1579. Mrs. ERNST submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XVI, add the following:
SEC. 1664. SENSE OF CONGRESS ON MAINTAINING AND ENHANCING
MILITARY INTELLIGENCE SUPPORT TO FORCE
PROTECTION FOR INSTALLATIONS, FACILITIES, AND
PERSONNEL OF THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) Maintaining appropriate force protection for deployed
personnel of the Department of Defense and their families is
a priority for Congress.
(2) Installations, facilities, and personnel of the
Department in Europe face a rising threat from international
terrorist groups operating in Europe, from individuals
inspired by such groups, and from those traversing through
Europe to join or return from fighting the terrorist
organization known as the ``Islamic State of Iraq and the
Levant'' (ISIL) in Iraq and Syria.
(3) Robust military intelligence support to force
protection is necessary to detect and thwart potential
terrorist plots that, if successful, would have strategic
consequences for the United States and the allies of the
United States in Europe.
(4) Military intelligence support is also important for
detecting and addressing early indicators and warnings of
aggression and assertive military action by Russia,
particularly action by Russia to destabilize Europe with
hybrid or asymmetric warfare.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should maintain and enhance robust
military intelligence support to force protection for
installations, facilities, and personnel of the Department of
Defense and the family members of such personnel, in Europe
and worldwide.
______
SA 1580. Mrs. ERNST submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 684, between lines 19 and 20, insert the following:
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``unless the Secretary'' and inserting the
following: ``unless--
``(A) the Secretary'';
(ii) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following new subparagraph:
``(B) the Secretary certifies to the appropriate
congressional committees that the Government of the Russian
Federation is no longer--
``(i) violating the territorial integrity of Ukraine; or
``(ii) supporting entities that have illegally seized
property of the Government of Ukraine or territory of
Ukraine.''; and
(B) by adding at the end the following:
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''; and
______
SA 1581. Mr. BURR (for himself and Mr. Tillis) submitted an amendment
intended to be proposed to amendment SA 1463 proposed by Mr. McCain to
the bill H.R. 1735, to authorize appropriations for fiscal year 2016
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for
[[Page S3719]]
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. DESIGNATION OF AMERICAN WORLD WAR II CITIES.
(a) In General.--The Secretary of Veterans Affairs shall
designate at least one city in the United States each year as
an ``American World War II City''.
(b) Criteria for Designation.--After the designation made
under subsection (c), the Secretary, in consultation with the
Secretary of Defense, shall make each designation under
subsection (a) based on the following criteria:
(1) Contributions by a city to the war effort during World
War II, including those related to defense manufacturing,
bond drives, service in the Armed Forces, and the presence of
military facilities within the city.
(2) Efforts by a city to preserve the history of the city's
contributions during World War II, including through the
establishment of preservation organizations or museums,
restoration of World War II facilities, and recognition of
World War II veterans.
(c) First American World War II City.--The city of
Wilmington, North Carolina, is designated as an ``American
World War II City''.
______
SA 1582. Mr. BARRASSO (for himself, Mr. Cornyn, and Mr. Hoeven)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1___. ACTION ON APPLICATIONS; PUBLIC DISCLOSURE OF LNG
EXPORT DESTINATIONS.
(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission
or the United States Maritime Administration to site,
construct, expand, or operate liquefied natural gas export
facilities, the Secretary of Energy (referred to in this
section as the ``Secretary'') shall issue a final decision on
any application for the authorization to export natural gas
under section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a))
not later than 45 days after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the liquefied natural gas export
facilities required by the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or
(2) the date of enactment of this Act.
(b) Conclusion of Review.--For purposes of subsection (a),
review required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) shall be considered concluded
when the lead agency--
(1) for a project requiring an Environmental Impact
Statement, publishes a Final Environmental Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, publishes a Finding of No Significant Impact;
or
(3) determines that an application is eligible for a
categorical exclusion pursuant to National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing
regulations.
(c) Judicial Action.--
(1) Jurisdiction.--The United States Court of Appeals for
the District of Columbia Circuit or the circuit in which the
liquefied natural gas export facility will be located
pursuant to an application described in subsection (a) shall
have original and exclusive jurisdiction over any civil
action for the review of--
(A) an order issued by the Secretary with respect to such
application; or
(B) the failure of the Secretary to issue a final decision
on such application.
(2) Order to issue decision.--If the Court in a civil
action described in paragraph (1) finds that the Secretary
has failed to issue a decision on the application as required
under subsection (a), the Court shall order the Secretary to
issue the decision not later than 30 days after the Court's
order.
(3) Expedited consideration.--The Court shall set any civil
action brought under this subsection for expedited
consideration and shall set the matter on the docket as soon
as practical after the filing date of the initial pleading.
(4) Appeals.--In the case of an application described in
subsection (a) for which a petition for review has been
filed--
(A) upon motion by an applicant, the matter shall be
transferred to the United States Court of Appeals for the
District of Columbia Circuit or the circuit in which a
liquefied natural gas export facility will be located
pursuant to an application described in section 3(a) of the
Natural Gas Act (15 U.S.C. 717b(a)); and
(B) the provisions of this Act shall apply.
(d) Public Disclosure of Export Destinations.--Section 3 of
the Natural Gas Act (15 U.S.C. 717b) is amended by adding at
the end the following:
``(g) Public Disclosure of LNG Export Destinations.--
``(1) In general.--In the case of any authorization to
export liquefied natural gas, the Secretary of Energy shall
require the applicant to report to the Secretary of Energy
the names of the 1 or more countries of destination to which
the exported liquefied natural gas is delivered.
``(2) Timing.--The applicant shall file the report required
under paragraph (1) not later than--
``(A) in the case of the first export, the last day of the
month following the month of the first export; and
``(B) in the case of subsequent exports, the date that is
30 days after the last day of the applicable month concerning
the activity of the previous month.
``(3) Disclosure.--The Secretary of Energy shall publish
the information reported under this subsection on the website
of the Department of Energy and otherwise make the
information available to the public.''.
______
SA 1583. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R.
1735, to authorize appropriations for fiscal year 2016 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. FINANCING OF EXPORTATION OF DEFENSE ARTICLES AND
DEFENSE SERVICES BY EXPORT-IMPORT BANK OF THE
UNITED STATES.
Section 2(b)(6)(I)(i)(I) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(6)(I)(i)(I)) is amended to read as
follows:
``(I)(aa) the Bank determines that the end use of the
defense articles or services includes civilian purposes; or
``(bb) the President determines that the transaction is in
the national security interests of the United States; and''.
______
SA 1584. Mr. MURPHY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. MODIFICATION OF DEPARTMENT OF DEFENSE DIRECTIVE
1350.2 TO ESTABLISH SEXUAL ORIENTATION AS A
PROTECTED CATEGORY UNDER THE DEPARTMENT OF
DEFENSE MILITARY EQUAL OPPORTUNITY PROGRAM.
The Under Secretary of Defense for Personnel and Readiness
shall modify Department of Defense Directive 1350.2, relating
to the Department of Defense Military Equal Opportunity (MEO)
Program, in order to establish sexual orientation as a
protected category under that Program.
______
SA 1585. Mr. MURPHY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED
TO BE ACTIVE SERVICE BY THE SECRETARY OF
VETERANS AFFAIRS.
(a) Findings.--Congress makes the following findings:
(1) The Merchant Marine Act, 1936 established the United
States Maritime Commission, and stated as a matter of policy
that the United States should have a merchant marine that is
``capable of serving as a naval and military auxiliary in
time of war or national emergency''.
(2) The Social Security Act Amendments of 1939 (Public Law
76-379) expanded the definition of employment to include
service ``on or in connection with an American vessel under
contract of service which is entered into within the United
States or during the performance of which the vessel touches
at a port in the United States, if the employee is employed
on and in connection with such vessel''.
(3) The Joint Resolution to repeal sections 2, 3, and 6 of
the Neutrality Act of 1939, and for other purposes (Public
Law 77-294; 55 Stat. 764) repealed section 6 of the
Neutrality Act of 1939 (related to the arming of United
States vessels) and authorized the President during the
national emergency to arm or permit to arm any United States
vessel.
(4) On February 7, 1942, President Franklin D. Roosevelt,
through Executive Order Number 9054, established the War
Shipping Administration that was charged with building or
purchasing, and operating the civilian shipping vessels
needed for the war effort.
[[Page S3720]]
(5) During World War II, United States merchant mariners
transported goods and materials through ``contested waters''
to the various combat theaters.
(6) At the conclusion of World War II, United States
merchant mariners were responsible for transporting several
million members of the United States Armed Forces back to the
United States.
(7) The GI Bill Improvement Act of 1977 (Public Law 95-202)
provided that the Secretary of Defense could determine that
service for the Armed Forces by organized groups of
civilians, or contractors, be considered ``active service''
for benefits administered by the Veterans Administration.
(8) Department of Defense Directive 1000.20 directed that
the determination be made by the Secretary of the Air Force,
and established the Civilian/Military Service Review Board
and Advisory Panel.
(9) In 1987, three merchant mariners along with the AFL-CIO
sued Edward C. Aldridge, Secretary of the Air Force,
challenging the denial of their application for veterans
status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C.
1987)), the Court determined that Secretary Aldridge had
failed to ``articulate clear and intelligible criteria for
the administration'' of the application approval process.
(10) During World War II, women were repeatedly denied
issuance of official documentation affirming their merchant
marine seamen status by the War Shipping Administration.
(11) Coast Guard Information Sheet #77 (April 1992)
identifies the following acceptable forms of documentation
for eligibility meeting the requirements set forth in GI Bill
Improvement Act of 1977 (Public Law 95-202) and Veterans
Programs Enhancement Act of 1998 (Public Law 105-368):
(A) Certificate of shipping and discharge forms.
(B) Continuous discharge books (ship's deck or engine
logbooks).
(C) Company letters showing vessel names and dates of
voyages.
(12) Coast Guard Commandant Order of 20 March, 1944,
relieved masters of tugs, towboats, and seagoing barges of
the responsibility of submitting reports of seamen shipped or
discharged on forms, meaning certificates of shipping and
discharge forms are not available to all eligible individuals
seeking to document their eligibility.
(13) Coast Guard Information Sheet #77 (April, 1992) states
that ``deck logs were traditionally considered to be the
property of the owners of the ships. After World War II,
however, the deck and engine logbooks of vessels operated by
the War Shipping Administration were turned over to that
agency by the ship owners, and were destroyed during the
1970s'', meaning that continuous discharge books are not
available to all eligible individuals seeking to document
their eligibility.
(14) Coast Guard Information Sheet #77 (April, 1992) states
``some World War II period log books do not name ports
visited during the voyage due to wartime security
restrictions'', meaning that company letters showing vessel
names and dates of voyages are not available to all eligible
individuals seeking to document their eligibility.
(b) Methods.--For the purposes of verifying that an
individual performed service under honorable conditions that
satisfies the requirements of a coastwise merchant seaman who
is recognized pursuant to section 401 of the GI Bill
Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106
note) as having performed active duty service for the
purposes described in subsection (d)(1), the Secretary of
Homeland Security shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record is available, the Secretary shall
provide such recognition on the basis of applicable Social
Security Administration records submitted for or by the
individual, together with validated testimony given by the
individual or the primary next of kin of the individual that
the individual performed such service during the period
beginning on December 7, 1941, and ending on December 31,
1946.
(2) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record has been destroyed or otherwise
become unavailable by reason of any action committed by a
person responsible for the control and maintenance of such
form, logbook, or record, the Secretary shall accept other
official documentation demonstrating that the individual
performed such service during period beginning on December 7,
1941, and ending on December 31, 1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or
other officers in command of similarly organized groups as
agents of the United States who were authorized to document
any individual for purposes of hiring the individual to
perform service in the merchant marine or discharging an
individual from such service.
(c) Treatment of Other Documentation.--Other documentation
accepted by the Secretary of Homeland Security pursuant to
subsection (b)(2) shall satisfy all requirements for
eligibility of service during the period beginning on
December 7, 1941, and ending on December 31, 1946.
(d) Benefits Allowed.--
(1) Burial benefits eligibility.--Service of an individual
that is considered active duty pursuant to subsection (b)
shall be considered as active duty service with respect to
providing burial benefits under chapters 23 and 24 of title
38, United States Code, to the individual.
(2) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection
(b) may be awarded an appropriate medal, ribbon, or other
military decoration based on such service.
(3) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (b) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described
in this subsection.
(e) Determination of Coastwise Merchant Seaman.--The
Secretary of Homeland Security shall verify that an
individual performed service under honorable conditions that
satisfies the requirements of a coastwise merchant seaman
pursuant to this section without regard to the sex, age, or
disability of the individual during the period in which the
individual served as such a coastwise merchant seaman.
(f) Primary Next of Kin Defined.--In this section, the term
``primary next of kin'' with respect to an individual seeking
recognition for service under this section means the closest
living relative of the individual who was alive during the
period of such service.
(g) Effective Date.--This section shall take effect 90 days
after the date of the enactment of this Act.
______
SA 1586. Mr. MURPHY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 832. MODIFICATION OF BUY AMERICAN REQUIREMENTS FOR ITEMS
FOR USE OUTSIDE OF THE UNITED STATES.
Section 8302(a)(2)(A) of title 41, United States Code, is
amended, by inserting ``that are needed for national security
reasons on an urgent basis'' after ``use outside the United
States''.
______
SA 1587. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1084. TRANSFER OF CERTAIN ITEMS OF THE OMAR BRADLEY
FOUNDATION, PENNSYLVANIA, TO A DESCENDANT OF
GENERAL OMAR BRADLEY.
(a) Transfer Authorized.--The Omar Bradley Foundation,
Pennsylvania, may transfer, without consideration, to the
child of General of the Army Omar Nelson Bradley and his
first wife Mary Elizabeth Quayle Bradley, namely Elizabeth
Bradley, such items of the Omar Bradley estate under the
control of the Foundation as the Secretary of the Army
determines to be without historic value to the Army.
(b) Time of Submittal of Claim for Transfer.--No item may
be transferred under subsection (a) unless a claim for the
transfer of such item is submitted to the Omar Bradley
Foundation during the 180-day period beginning on the date of
the enactment of this Act.
______
SA 1588. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. INAPPLICABILITY OF REGULATIONS LIMITING THE SALE
OR DONATION OF EXCESS PROPERTY OF THE
DEPARTMENT OF DEFENSE FOR STATE AND LOCAL LAW
ENFORCEMENT ACTIVITIES UNLESS ENACTED BY
CONGRESS.
No regulation, rule, guidance, or policy issued on or after
May 15, 2015, that limits the sale or donation of excess
property of the Federal Government, including excess property
of the Department of Defense, to State and local agencies for
law enforcement activities (whether pursuant to section 2576a
of
[[Page S3721]]
title 10, United States Code, or any other provision of law,
or as a condition on the use of Federal funds) shall have any
force or effect unless enacted into law by Congress.
______
SA 1589. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. SENSE OF CONGRESS ON THE THREAT POSED BY VIOLENT
ISLAMIC EXTREMISM.
It is the sense of Congress that one of the greatest
threats to the safety of the American people is the threat of
violent Islamist extremism.
______
SA 1590. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1065. STUDY ON RADIATION EXPOSURE FROM ATOMIC TESTING
CLEANUP ON THE ENEWETAK ATOLL.
(a) Study Required.--The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
conduct a study on radiation exposure from the atomic testing
cleanup that occurred on the Enewetak Atoll during the period
of years beginning with 1977 and ending with 1980.
(b) Elements.--The study conducted under subsection (a)
shall include the following:
(1) A determination of the amount of radiation that members
of the Armed Forces and civilians were exposed to as a result
of the atomic testing cleanup that described in subsection
(a), especially with respect to those who were located on
Runit Island during such cleanup.
(2) Identification of the effects of the exposure described
in paragraph (1).
(3) An estimate of the number of surviving veterans and
other civilians who were exposed as described in paragraph
(1).
______
SA 1591. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. IMPROVEMENTS TO ADMINISTRATION OF POST-9/11
EDUCATIONAL ASSISTANCE.
In any case in which an individual encounters a difficulty
in obtaining Department of Defense form DD-214 from the
Secretary of Defense, the Secretary of Veterans Affairs shall
accept from such individual, for purposes of confirming such
individual's entitlement to educational assistance under
section 3311 of title 38, United States Code, pay stubs and
copies of military orders as indication of such individual's
service on active duty in the Armed Forces.
SEC. 1086. CONSIDERATION OF MEMBERS OF RESERVE COMPONENTS OF
ARMED FORCES AS VETERANS FOR PURPOSES OF
EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS.
Section 4212(a)(3)(A) of title 38, United States Code, is
amended by adding at the end the following new clause:
``(v) Members of the reserve components of the Armed
Forces.''.
SEC. 1087. MODIFICATION OF DEFINITION OF VETERAN FOR PURPOSES
OF FEDERAL GOVERNMENT EMPLOYEES.
(a) In General.--Section 2108(1) of title 5, United States
Code, is amended--
(1) in subparagraph (B), by striking ``a period of more
than 180 consecutive days'' and inserting ``more than a total
of 180 days''; and
(2) in subparagraph (D), by striking ``a period of more
than 180 consecutive days'' and inserting ``more than a total
of 180 days''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to--
(1) examinations for entrance into the competitive service
held after the date of the enactment of this Act; and
(2) certificates furnished under section 3317 of title 5,
United States Code, after the date of the enactment of this
Act.
______
SA 1592. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title IV, add the following:
SEC. 417. CHIEF OF THE NATIONAL GUARD BUREAU AUTHORITY
RELATING TO ALLOCATIONS TO STATES OF AUTHORIZED
NUMBERS OF MEMBERS OF THE NATIONAL GUARD.
(a) Mandatory Review and Authorized Reduction.--
(1) In general.--The Chief of the National Guard Bureau--
(A) shall review each fiscal year the number of members of
the Army National Guard of the United States and the Air
National Guard of the United States serving in each State;
and
(B) if the Chief of the National Guard Bureau makes the
determination described in paragraph (2) with respect to a
State in a fiscal year, may reduce the number of members of
the Army National Guard of the United States or the Air
National Guard of the United States, as applicable, to be
allocated to serve in such State during the succeeding fiscal
year.
(2) Determination.--A determination described in this
paragraph is a determination with respect to a State that,
during any three of the five fiscal years ending in the
fiscal year in which such determination is made, the number
of members of the Army National Guard of the United States or
the Air National Guard of the United States serving in such
State is or was fewer than the number authorized for the
applicable fiscal year
(b) Administration of Reductions.--In administering
reductions under subsection (a)(1)(B), the Chief of the
National Guard Bureau shall seek to ensure that--
(1) the number of members of the Army National Guard of the
United States and the Air National Guard of the United States
serving in each State each fiscal year is commensurate with
the National Guard force structure in such State during such
fiscal year; and
(2) the number of members of the National Guard serving on
full-time duty for the purpose of organizing, administering,
recruiting, instructing, or training the National Guard
serving in each State during each fiscal year is commensurate
with the National Guard force structure in such State during
such fiscal year.
(c) Sense of Senate.--It is the sense of the Senate that
whenever the Chief of the National Guard Bureau considers
changes to force structure or unit location for the National
Guard, the Chief of the National Guard Bureau should focus
solely on readiness, capability, efficiencies, and costs,
rather than attempting to ensure equality among the States.
______
SA 1593. Mr. TOOMEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 524. IMPROVEMENTS TO DEPARTMENT OF DEFENSE FORM DD 214,
THE CERTIFICATE OF RELEASE OR DISCHARGE FROM
ACTIVE DUTY.
(a) Improvements Required.--The Secretary of Defense shall,
in coordination with the Secretary of Veterans Affairs and in
consultation with the Governors of the States, make
improvements to Department of Defense Form DD 214, the
Certificate of Release or Discharge from Active Duty, in
order to ensure that the Form better provides correct and
useful contact information for individuals undergoing release
or discharge from the Armed Forces.
(b) Scope of Improvements.--The improvements made pursuant
to subsection (a) may include the inclusion in Department of
Defense Form DD 214 of the following:
(1) A non-military electronic mail address.
(2) A personal cellular phone number.
(3) Applicable diagnostic codes in connection with receipt
of disability severance pay.
(4) Such other information as the Secretary considers
appropriate to ensure that the Department of Veterans Affairs
and State and local veterans agencies can contact and assist
individuals undergoing release or discharge from the Armed
Forces, while also protecting the privacy of such
individuals.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth a description of the
improvements made to Department of Defense Form DD 214
pursuant to this section.
______
SA 1594. Ms. MURKOWSKI (for herself, Ms. Heitkamp, Mr. Hoeven, and
Mr. Lankford) submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr.
[[Page S3722]]
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. CRUDE OIL AND CONDENSATE REPORT REQUIRED.
(a) Report Required.--Not later than 60 days after the date
of enactment of this Act, the Secretary of Energy shall
submit to the appropriate committees and leadership of
Congress an unclassified report assessing--
(1) the ability of crude oil and condensate produced in
Iran and the United States to access and supply the global
crude oil and condensate market; and
(2) the extent to which future action involving any measure
of statutory sanctions relief by the United States will
result in greater exports of Iranian petroleum to the global
market than permitted as of the date of the report.
(b) Removal of Export Restrictions.--Beginning on the date
that is 30 calendar days after the date of submission of the
report required under subsection (a), notwithstanding any
provision of law, any domestic United States crude oil and
condensate may be exported on the same basis that petroleum
products may be exported on the date of enactment of this
Act.
(c) Savings Clause.--Nothing in this section shall limit
the authority of the President under the Constitution, the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), the National Emergencies Act (50 U.S.C. 1601 et
seq.), or part B of title II of the Energy Policy and
Conservation Act (42 U.S.C. 6271 et seq.) to prohibit
exports.
______
SA 1595. Ms. MURKOWSKI (for herself, Ms. Heitkamp, and Mr. Hoeven)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF CONGRESS REGARDING PRESIDENTIAL AUTHORITY
TO ALLOW SALE OF DOMESTIC CRUDE OIL TO UNITED
STATES ALLIES AND TRADING PARTNERS.
It is the sense of Congress that the President may lawfully
exercise statutory authorities to allow the sale of
domestically produced crude oil to allies and trading
partners of the United States, consistent with the call of
the National Security Strategy of the President to ``promote
diversification of energy fuels, sources, and routes''.
______
SA 1596. Mr. REID submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR
CERTAIN INDIVIDUALS.
(a) Definitions.--In this section--
(1) the term ``annuity'' includes a survivor annuity; and
(2) the terms ``survivor'', ``survivor annuitant'', and
``unfunded liability'' have the meanings given those terms
under section 8331 of title 5, United States Code.
(b) Amendments.--
(1) In general.--Section 8332(b) of title 5, United States
Code, is amended--
(A) in paragraph (16), by striking ``and'' at the end;
(B) in paragraph (17), by striking the period at the end
and inserting ``; and'';
(C) by inserting after paragraph (17) the following:
``(18) any period of service performed--
``(A) not later than December 31, 1977;
``(B) while a citizen of the United States;
``(C) in the employ of--
``(i) Air America, Inc.; or
``(ii) any entity associated with, predecessor to, or
subsidiary to Air America, Inc., including Air Asia Company
Limited, CAT Incorporated, Civil Air Transport Company
Limited, and the Pacific Division of Southern Air Transport;
and
``(D) during the period that Air America, Inc. or such
other entity described in subparagraph (C) was owned and
controlled by the United States Government.''; and
(D) in the second undesignated paragraph following
paragraph (18) (as added by subparagraph (C)), by adding at
the end the following: ``For purposes of this subchapter,
service of the type described in paragraph (18) of this
subsection shall be considered to have been service as an
employee.''.
(2) Exemption from deposit requirement.--Section 8334(g) of
title 5, United States Code, is amended--
(A) in paragraph (5), by striking ``or'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting `` ; or''; and
(C) by adding at the end the following:
``(7) any period of service for which credit is allowed
under section 8332(b)(18) of this title.''.
(c) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
with respect to annuities commencing on or after the
effective date of this section.
(2) Provisions relating to current annuitants.--
(A) Election.--Any individual who is entitled to an annuity
for the month in which this section becomes effective may
elect to have the amount of such annuity recomputed as if the
amendments made by this section had been in effect throughout
all periods of service on the basis of which the annuity is
or may be based.
(B) Submission of election.--An individual shall make an
election under subparagraph (A) by submitting an appropriate
application to the Office of Personnel Management not later
than 2 years after the effective date of this section.
(C) Effective date of recomputation; retroactive pay as
lump-sum payment.--
(i) Effective date.--A recomputation under subparagraph (A)
shall be effective as of the commencement date of the
annuity.
(ii) Retroactive pay as lump-sum payment.--Any additional
amounts becoming payable, due to a recomputation under
subparagraph (A), for periods before the first month for
which the recomputation is reflected in the regular monthly
annuity payments of an individual shall be payable to the
individual in the form of a lump-sum payment.
(3) Provisions relating to individuals eligible for (but
not currently receiving) an annuity.--
(A) In general.--
(i) Election.--An individual not described in paragraph (2)
who becomes eligible for an annuity or an increased annuity
as a result of the enactment of this section may elect to
have the rights of the individual under subchapter III of
chapter 83 of title 5, United States Code, determined as if
the amendments made by this section had been in effect
throughout all periods of service on the basis of which the
annuity is or would be based.
(ii) Submission of election.--An individual shall make an
election under clause (i) by submitting an appropriate
application to the Office of Personnel Management not later
than 2 years after the later of--
(I) the effective date of this section; or
(II) the date on which the individual separates from
service.
(B) Effective date of entitlement; retroactivity.--
(i) Effective date.--
(I) In general.--Subject to clause (ii), any entitlement to
an annuity or an increased annuity resulting from an election
under subparagraph (A) shall be effective as of the
commencement date of the annuity.
(II) Retroactive pay as lump-sum payment.--Any amounts
becoming payable for periods before the first month for which
regular monthly annuity payments begin to be made in
accordance with the amendments made by this section shall be
payable to the individual in the form of a lump-sum payment.
(ii) Retroactivity.--Any determination of the amount, or of
the commencement date, of any annuity, all the requirements
for entitlement to which (including separation, but not
including any application requirement) would have been
satisfied before the effective date of this section if this
section had been in effect (but would not then otherwise have
been satisfied absent this section) shall be made as if
application for the annuity had been submitted as of the
earliest date that would have been allowable, after the date
on which the individual separated from service, if the
amendments made by this section had been in effect throughout
the periods of service referred to in subparagraph (A)(i).
(4) Right to file on behalf of a decedent.--
(A) In general.--The regulations promulgated under
subsection (e)(1) shall include provisions, in accordance
with the order of precedence under section 8342(c) of title
5, United States Code, under which a survivor of an
individual who performed service described in section
8332(b)(18) of such title (as added by subsection (b)(1)(C))
shall be allowed to submit an application on behalf of and to
receive any lump-sum payment that would otherwise have been
payable to the decedent under paragraph (2)(C)(ii) or
(3)(B)(i)(II) of this subsection.
(B) Submission of application.--An application under this
paragraph shall not be valid unless it is filed not later
than the later of--
(i) 2 years after the effective date of this section; or
(ii) 1 year after the date of the decedent's death.
(d) Funding.--
(1) Lump-sum payments.--Any lump-sum payment under
paragraph (2)(C)(ii) or (3)(B)(i)(II) of subsection (c) shall
be payable
[[Page S3723]]
out of the Civil Service Retirement and Disability Fund.
(2) Unfunded liability.--Any increase in the unfunded
liability of the Civil Service Retirement System attributable
to the enactment of this section shall be financed in
accordance with section 8348(f) of title 5, United States
Code.
(e) Regulations and Special Rule.--
(1) In general.--The Director of the Office of Personnel
Management shall promulgate any regulations necessary to
carry out this section, which shall include provisions under
which rules similar to those established under the amendments
made by section 201 of the Federal Employees' Retirement
System Act of 1986 (Public Law 99-335; 100 Stat. 588) shall
be applied with respect to any service described in section
8332(b)(18) of title 5, United States Code (as added by
subsection (b)(1)(C)) that was subject to title II of the
Social Security Act.
(2) Special rule.--For purposes of any application for any
benefit which is computed or recomputed taking into account
any service described in section 8332(b)(18) of title 5,
United States Code (as added by subsection (b)(1)(C)),
section 8345(i)(2) of such title shall be applied by deeming
the reference to the date of the ``other event which gives
rise to title to the benefit'' to refer to the effective date
of this section, if later than the date of the event that
would otherwise apply.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first fiscal year beginning after the date of enactment of
this Act.
______
SA 1597. Mr. MENENDEZ (for himself and Mr. Booker) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title I, add the following:
SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR THE
DIVESTMENT OR TRANSFER OF KC-10 AIRCRAFT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2016 for the Air
Force may be obligated or expended during such fiscal year to
divest or transfer, or prepare to divest or transfer, KC-10
aircraft.
______
SA 1598. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. CLARIFICATION REGARDING THE CHILDREN TO WHOM
ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE
TRANSFERRED UNDER POST-9/11 EDUCATIONAL
ASSISTANCE.
(a) In General.--Subsection (c) of section 3319 of title
38, United States Code, is amended to read as follows:
``(c) Eligible Dependents.--
``(1) Transfer.--An individual approved to transfer an
entitlement to educational assistance under this section may
transfer the individual's entitlement as follows:
``(A) To the individual's spouse.
``(B) To one or more of the individual's children.
``(C) To a combination of the individuals referred to in
subparagraphs (A) and (B).
``(2) Definition of children.--For purposes of this
subsection, the term `children' includes dependents described
in section 1072(2)(I) of title 10.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to educational assistance payable
under chapter 33 of title 38, United States Code, before, on,
or after the date of the enactment of this Act.
______
SA 1599. Mr. DURBIN (for himself and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. ORTHOTICS AND PROSTHETICS EDUCATION IMPROVEMENT.
(a) Grants Required.--
(1) In general.--The Secretary of Veterans Affairs shall
award grants to eligible institutions to enable the eligible
institutions--
(A) to establish a master's degree program in orthotics and
prosthetics; or
(B) to expand upon an existing master's degree program in
orthotics and prosthetics, including by admitting more
students, further training faculty, expanding facilities, or
increasing cooperation with the Department of Veterans
Affairs and the Department of Defense.
(2) Priority.--The Secretary shall give priority in the
award of grants under this section to eligible institutions
that have entered into a partnership with a medical center or
clinic administered by the Department of Veterans Affairs or
a facility administered by the Department of Defense,
including by providing clinical rotations at such medical
center, clinic, or facility.
(3) Grant amounts.--Grants awarded under this section shall
be in amounts of not less than $1,000,000 and not more than
$1,500,000.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter for two years, the Secretary shall issue
a request for proposals from eligible institutions for grants
under this section.
(2) Proposals.--An eligible institution that seeks the
award of a grant under this section shall submit an
application therefor to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require, including--
(A) demonstration of a willingness and ability to
participate in a partnership described in subsection (a)(2);
and
(B) a commitment, and demonstration of an ability, to
maintain an accredited orthotics and prosthetics education
program after the end of the grant period.
(c) Grant Uses.--
(1) In general.--An eligible institution awarded a grant
under this section shall use grant amounts to carry out any
of the following:
(A) Building new or expanding existing orthotics and
prosthetics master's degree programs.
(B) Training doctoral candidates in fields related to
orthotics and prosthetics to prepare them to instruct in
orthotics and prosthetics programs.
(C) Training faculty in orthotics and prosthetics education
or related fields for the purpose of instruction in orthotics
and prosthetics programs.
(D) Salary supplementation for faculty in orthotics and
prosthetics education.
(E) Financial aid that allows eligible institutions to
admit additional students to study orthotics and prosthetics.
(F) Funding faculty research projects or faculty time to
undertake research in the areas of orthotics and prosthetics
for the purpose of furthering their teaching abilities.
(G) Renovation of buildings or minor construction to house
orthotics and prosthetics education programs.
(H) Purchasing equipment for orthotics and prosthetics
education.
(2) Limitation on construction.--An eligible institution
awarded a grant under this section may use not more than 50
percent of the grant amount to carry out paragraph (1)(G).
(3) Admissions preference.--An eligible institution awarded
a grant under this section shall give preference in admission
to the orthotics and prosthetics master's degree programs to
veterans, to the extent practicable.
(4) Period of use of funds.--An eligible institution
awarded a grant under this section may use the grant funds
for a period of three years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means an educational
institution that offers an orthotics and prosthetics
education program that--
(A) is accredited by the National Commission on Orthotic
and Prosthetic Education in cooperation with the Commission
on Accreditation of Allied Health Education Programs; or
(B) demonstrates an ability to meet the accreditation
requirements for orthotic and prosthetic education from the
National Commission on Orthotic and Prosthetic Education in
cooperation with the Commission on Accreditation of Allied
Health Education Programs if the institution receives a grant
under this section.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
fiscal year 2016 for the Department of Veterans Affairs,
$15,000,000 to carry out this section. The amount so
authorized to be appropriated shall remain available for
obligation until September 30, 2018.
(2) Unobligated amounts to be returned to the treasury.--
Any amounts authorized to be appropriated by paragraph (1)
that are not obligated by the Secretary as of September 30,
2018, shall be returned to the Treasury of the United States.
SEC. 1086. CENTER OF EXCELLENCE IN ORTHOTIC AND PROSTHETIC
EDUCATION.
(a) Grant for Establishment of Center.--
(1) In general.--The Secretary of Veterans Affairs shall
award a grant to an eligible institution to enable the
eligible institution--
(A) to establish the Center of Excellence in Orthotic and
Prosthetic Education (in this section referred to as the
``Center''); and
[[Page S3724]]
(B) to enable the eligible institution to improve orthotic
and prosthetic outcomes for veterans, members of the Armed
Forces, and civilians by conducting evidence-based research
on--
(i) the knowledge, skills, and training most needed by
clinical professionals in the field of orthotics and
prosthetics; and
(ii) how to most effectively prepare clinical professionals
to provide effective, high-quality orthotic and prosthetic
care.
(2) Priority.--The Secretary shall give priority in the
award of a grant under this section to an eligible
institution that has in force, or demonstrates the
willingness and ability to enter into, a memoranda of
understanding with the Department of Veterans Affairs, the
Department of Defense, or other appropriate Government
agency, or a cooperative agreement with an appropriate
private sector entity, which memorandum of understanding or
cooperative agreement provides for either, or both, of the
following:
(A) The provision of resources, whether in cash or in kind,
to the Center.
(B) Assistance to the Center in conducting research and
disseminating the results of such research.
(3) Grant amount.--The grant awarded under this section
shall be in the amount of $5,000,000.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall issue a
request for proposals from eligible institutions for the
grant under this section.
(2) Proposals.--An eligible institution that seeks the
award of the grant under this section shall submit an
application therefor to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require.
(c) Grant Uses.--
(1) In general.--The eligible institution awarded the grant
under this section shall use the grant amount as follows:
(A) To develop an agenda for orthotics and prosthetics
education research.
(B) To fund research in the area of orthotics and
prosthetics education.
(C) To publish or otherwise disseminate research findings
relating to orthotics and prosthetics education.
(2) Period of use of funds.--The eligible institution
awarded the grant under this section may use the grant amount
for a period of five years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means an educational
institution that--
(A) has a robust research program;
(B) offers an orthotics and prosthetics education program
that is accredited by the National Commission on Orthotic and
Prosthetic Education in cooperation with the Commission on
Accreditation of Allied Health Education Programs;
(C) is well recognized in the field of orthotics and
prosthetics education; and
(D) has an established association with--
(i) a medical center or clinic of the Department of
Veterans Affairs; and
(ii) a local rehabilitation hospital.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2016 for the Department of
Veterans Affairs, $5,000,000 to carry out this section.
______
SA 1600. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R.
1735, to authorize appropriations for fiscal year 2016 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. MAKING PERMANENT EXTENDED PERIOD OF PROTECTIONS
FOR MEMBERS OF UNIFORMED SERVICES RELATING TO
MORTGAGES, MORTGAGE FORECLOSURE, AND EVICTION.
Section 710(d) of the Honoring America's Veterans and
Caring for Camp Lejeune Families Act of 2012 (Public Law 112-
154) is amended by striking paragraphs (1) and (3).
______
SA 1601. Ms. STABENOW (for herself, Mr. Blunt, Mrs. Capito, Mr.
Menendez, and Mr. Markey) submitted an amendment intended to be
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R.
1735, to authorize appropriations for fiscal year 2016 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. 706. PROVISION OF CARE PLANNING SESSIONS FOR ALZHEIMER'S
DISEASE AND RELATED DEMENTIAS UNDER THE TRICARE
PROGRAM.
(a) In General.--The Secretary of Defense shall provide to
eligible individuals described in subsection (b) a care
planning session with respect to a diagnosis of Alzheimer's
disease or a related dementia that includes the following:
(1) A comprehensive care plan.
(2) Information on the particular diagnosis of the eligible
individual diagnosed with Alzheimer's disease or a related
dementia.
(3) Information on possible treatment options and how to
access those options.
(4) Information on relevant medical and community services
that are available.
(5) Such other information as the Secretary considers
appropriate.
(b) Eligible Individuals.--An eligible individual described
in this subsection is one of the following:
(1) A covered beneficiary (as defined in section 1072 of
title 10, United States Code) who was first diagnosed with
Alzheimer's disease or a related dementia on or after the
date of the enactment of this Act.
(2) A family member of a covered beneficiary described in
paragraph (1).
(3) A caregiver of a covered beneficiary described in
paragraph (1).
(c) Limitation.--The care planning session provided under
subsection (a) may by provided only once with respect to each
eligible individual.
(d) Follow-up.--The Secretary may provide a follow-up
appointment or appointments to an eligible individual
described in subsection (b) relating to the care planning
session provided under subsection (a) if the Secretary
determines that the provision of such appointment or
appointments is appropriate to maintain a proper level of
care for the eligible individual diagnosed with Alzheimer's
disease or a related dementia and the family members and
caregivers of that individual in order to improve the
provision of health care by the Department of Defense and
reduce health care costs.
______
SA 1602. Ms. STABENOW (for herself and Mr. Peters) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1065. REPORT ON PLANS FOR THE USE OF DOMESTIC AIRFIELDS
FOR HOMELAND DEFENSE AND DISASTER RESPONSE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of Homeland
Security and the Secretary of Transportation, submit to the
appropriate committees of Congress a report setting forth an
assessment of the plans for airfields in the United States
that are required to support homeland defense and local
disaster response missions.
(b) Considerations.--The report shall include the following
items:
(1) The criteria used to determine the capabilities and
locations of airfields in the United States needed to support
safe operations of military aircraft in the execution of
homeland defense and local disaster response missions.
(2) A description of the processes and procedures in place
to ensure that contingency plans for the use of airfields in
the United States that support both military and civilian air
operations are coordinated among the Department of Defense
and other Federal agencies with jurisdiction over those
airfields.
(3) An assessment of the impact to logistics and resource
planning as a result of the reduction of certain capabilities
of airfields in the United States that support both military
and civilian air operations.
(4) A review of the existing agreements and authorities
between the Commander of the United States Northern Command
and the Administrator of the Federal Aviation Administration
that allow for consultation on decisions that impact the
capabilities of airfields in the United States that support
both military and civilian air operations.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Homeland Security and Government Affairs of the Senate; and
(B) the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Capabilities of airfields.--The term ``capabilities of
airfields'' means the length and width of runways, taxiways,
and aprons, the operation of navigation aids and lighting,
the operation of fuel storage, distribution, and refueling
system, and the availability of air operations facilities.
(3) Airfields in the united states that support both
military and civilian air operations.--The term ``airfields
in the United States that support both military and civilian
air operations'' means the following:
(A) Airports that are designated as joint use facilities
pursuant to section 47175 of
[[Page S3725]]
title 49, United States Code, in which both the military and
civil aviation have shared use of the airfield.
(B) Airports used by the military that have a permanent
military aviation presence at the airport pursuant to a
memorandum of agreement or tenant lease with the airport
owner that is in effect on the date of the enactment of this
Act.
______
SA 1603. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. SENSE OF CONGRESS REGARDING EXPORTS OF CRUDE OIL.
It is the sense of Congress that exports of crude oil to
allies and partners of the United States shall not be
determined to be consistent with the national interest and
the purposes of the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.) if those exports would increase energy
prices in the United States for American consumers or
businesses or increase the reliance of the United States on
imported oil.
______
SA 1604. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 1486 submitted by Mr. Cornyn (for himself, Mr. Hoeven, and
Mr. Warner) to the amendment SA 1463 proposed by Mr. McCain to the bill
H.R. 1735, to authorize appropriations for fiscal year 2016 for
military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
On page 4, strike lines 15 and 16 and insert the following:
(3) exports of crude oil to allies and partners of the
United States shall not be determined to be consistent with
the national interest and the purposes of the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.) if those
exports would increase energy prices in the United States for
American consumers or businesses or increase the reliance of
the United States on imported oil; and
(4) the President should exercise existing au-
______
SA 1605. Mr. COTTON submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3124. LIMITATION ON ACCELERATION OF DISMANTLEMENT OF
RETIRED NUCLEAR WEAPONS.
(a) Limitation.--Except as provided in subsections (b) and
(c), none of the funds authorized to be appropriated by this
Act or otherwise made available for any of fiscal years 2016
through 2020 for the National Nuclear Security Administration
may be obligated or expended to accelerate the dismantlement
of the nuclear weapons of the United States to a rate faster
than the rate mandated by the total projected dismantlement
schedule included in table 2-7 of the annex to the stockpile
stewardship and management plan for fiscal year 2016
submitted to Congress in March 2015 under section 4203 of the
Atomic Energy Defense Act (50 U.S.C. 2523).
(b) Exception for Compliance With Certain Commitments.--
(1) Certification.--The limitation under subsection (a)
shall not apply with respect to a fiscal year if the
President submits to the appropriate congressional committees
a certification that the President has--
(A) requested, in the budget of the President for that
fiscal year submitted to Congress under section 1105(a) of
title 31, United States Code, sufficient amounts to fulfill
for that fiscal year all commitments related to nuclear
modernization funding, capabilities, and schedules that the
President made to the Senate during the consideration by the
Senate of the resolution of advice and consent to
ratification of the New START Treaty, as described in--
(i) the document entitled, ``Message from the President on
the New START Treaty'', dated February 2, 2011; and
(ii) the fiscal year 2012 update to the report required by
section 1251 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549),
submitted to Congress in February 2011; and
(B) except as provided in paragraph (2), fulfilled all such
commitments.
(2) Exception.--If, for any fiscal year covered by the
limitation under subsection (a), an appropriations Act is
enacted that appropriates amounts that are insufficient for
the President to fulfill the commitments described in
paragraph (1)(A), the President may certify under paragraph
(1)(B) that the President has fulfilled such commitments to
the extent possible with available funds.
(c) Exception for Certain Stockpile Management
Activities.--The limitation under subsection (a) shall not
apply to activities necessary to conduct maintenance or
surveillance of the nuclear weapons stockpile or activities
to ensure the safety or reliability of the stockpile.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(C) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April 8,
2010, and entered into force on February 5, 2011.
______
SA 1606. Ms. AYOTTE submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle D of title VI, add the
following:
SEC. 643. BENEFITS FOR DEPENDENTS OF MEMBERS OF THE ARMED
FORCES WHO LOSE THEIR RIGHT TO RETIRED PAY FOR
REASONS OTHER THAN DEPENDENT ABUSE.
(a) Short Title.--This section may be cited as the
``Families Serve, Too, Military Justice Reform Act of 2015''.
(b) In General.--Section 1408 of title 10, United States
Code, is amended--
(1) by redesignating subsections (i), (j), and (k) as
subsections (j), (k), and (l), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Benefits for Dependents of Members Losing Right to
Retired Pay for Misconduct Other Than Dependent Abuse.--
(1)(A) If, in the case of a member or former member of the
armed forces referred to in paragraph (2)(A), a court order
provides (in the manner applicable to a division of property)
for the payment of an amount from the disposable retired pay
of that member or former member (as certified under paragraph
(4)) to an eligible spouse or former spouse of that member or
former member, the Secretary concerned, beginning upon
effective service of such court order, shall pay that amount
in accordance with this subsection to such spouse or former
spouse.
``(B) If, in the case of a member or former member of the
armed forces referred to in paragraph (2)(A), a court order
provides for the payment as child support of an amount from
the disposable retired pay of that member or former member
(as certified under paragraph (4)) to an eligible dependent
child of the member or former member, the Secretary
concerned, beginning upon effective service of such court
order, shall pay that amount in accordance with this
subsection to such dependent child.
``(2) A spouse or former spouse, or a dependent child, of a
member or former member of the armed forces is eligible to
receive payment under this subsection if--
``(A) the member or former member, while a member of the
armed forces and after becoming eligible to be retired from
the armed forces on the basis of years of service, has
eligibility to receive retired pay terminated as a result of
misconduct while a member (other than misconduct described in
subsection (h)(2)(A));
``(B) in the case of eligibility of a spouse or former
spouse under paragraph (1)(A), the spouse or former spouse--
``(i) either--
``(I) was married to the member or former member at the
time of the misconduct that resulted in the termination of
retired pay; or
``(II) was is receipt of marital support, alimony, or child
support from the member or former member as of the time of
the misconduct pursuant to a court order; and
``(ii) was not, based on the evidence adduced at trial, an
aider, abettor, accomplice, or co-conspirator in the
misconduct that resulted in the termination of retired pay,
as certified in writing to the convening authority by--
``(I) the military judge of the court-martial that resulted
in the termination of retired pay; or
``(II) the staff judge advocate of the convening authority;
and
``(C) in the case of eligibility of a dependent child under
paragraph (1)(B), the dependent child--
``(i) had not reached the age of 16 years at the time of
the misconduct that resulted in the termination of retired
pay; or
``(ii) had reached the age of 16 years at the time of the
misconduct and was not, based on the evidence adduced at
trial, an aider,
[[Page S3726]]
abettor, accomplice, or co-conspirator in the misconduct that
resulted in the termination of retired pay, as certified in
writing to the convening authority by--
``(I) the military judge of the court-martial that resulted
in the termination of retired pay; or
``(II) the staff judge advocate of the convening authority.
``(3) The amount certified by the Secretary concerned under
paragraph (4) with respect to a member or former member of
the armed forces referred to in paragraph (2)(A) shall be
deemed to be the disposable retired pay of that member or
former member for the purposes of this subsection.
``(4) Upon the request of a court or an eligible spouse or
former spouse, or an eligible dependent child, of a member or
former member of the armed forces referred to in paragraph
(2)(A) in connection with a civil action for the issuance of
a court order in the case of that member or former member,
the Secretary concerned shall determine and certify the
amount of the monthly retired pay that the member or former
member would have been entitled to receive as of the date of
the certification--
``(A) if the member or former member's eligibility for
retired pay had not been terminated as described in paragraph
(2)(A); and
``(B) if, in the case of a member or former member not in
receipt of retired pay immediately before that termination of
eligibility for retired pay, the member or former member had
retired on the effective date of that termination of
eligibility.
``(5)(A) Paragraphs (5) through (8) and (10) of subsection
(h) shall apply to eligibility of former spouses to payments
under this subsection, court orders for the payment of
disposable retired pay under this subsection, amounts payable
under this subsection, and payments under this subsection in
the same manner as such paragraphs apply to such matters
under subsection (h).
``(B) If a spouse or former spouse or a dependent child
eligible or entitled to receive payments under this
subsection is eligible or entitled to receive benefits under
subsection (h), the eligibility or entitlement of that spouse
or former spouse or dependent child to such benefits shall be
determined under subsection (h) instead of this subsection.
``(6)(A) A spouse or former spouse of a member or former
member of the armed forces referred to in paragraph (2)(A),
while receiving payments in accordance with this subsection,
shall be entitled to receive medical and dental care, to use
commissary and exchange stores, and to receive any other
benefit that a spouse or a former spouse of a retired member
of the armed forces is entitled to receive on the basis of
being a spouse or former spouse, as the case may be, of a
retired member of the armed forces in the same manner as if
the member or former member referred to in paragraph (2)(A)
was entitled to retired pay.
``(B) A dependent child of a member or former member
referred to in paragraph (2)(A) who was a member of the
household of the member or former member at the time of the
misconduct described in paragraph (2)(A) shall be entitled to
receive medical and dental care, to use commissary and
exchange stores, and to have other benefits provided to
dependents of retired members of the armed forces in the same
manner as if the member or former member referred to in
paragraph (2)(A) was entitled to retired pay.
``(C) If a spouse or former spouse or a dependent child
eligible or entitled to receive a particular benefit under
this paragraph is eligible or entitled to receive that
benefit under another provision of law, the eligibility or
entitlement of that spouse or former spouse or dependent
child to such benefit shall be determined under such other
provision of law instead of this paragraph.
``(7) In this subsection, the term `dependent child', with
respect to a member or former member of the armed forces
referred to in paragraph (2)(A), has the meaning given that
term in subsection (h)(11).''.
(c) Conforming Amendments.--Subsection (f) of such section
is amended by striking ``subsection (i)'' each place it
appears and inserting ``subsection (j)''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply to a spouse or former spouse, or a dependent
child of a member or former member of the Armed Forces whose
eligibility to receive retired pay is terminated on or after
that date as a result of misconduct while a member.
(e) Offset.--$57,000,000 of the National Defense Function
(050) of unobligated balances from fees collected to defray
expenses for the automation of fingerprint identification and
criminal justice information services and associated costs of
the Federal Bureau of Investigation is hereby cancelled.
______
SA 1607. Mr. JOHNSON submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS
AFFAIRS TO REMOVE SENIOR EXECUTIVES OF
DEPARTMENT OF VETERANS AFFAIRS FOR PERFORMANCE
OR MISCONDUCT TO INCLUDE CERTAIN OTHER
EMPLOYEES OF THE DEPARTMENT.
(a) In General.--Section 713 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter before subparagraph (A), in the first
sentence, by striking ``senior executive position'' both
places it appears and inserting ``covered position''; and
(ii) in subparagraph (B), by striking ``in paragraph (2)''
and inserting ``in paragraph (3) employed in a senior
executive position at the Department'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) For purposes of this section, a covered position is--
``(A) a senior executive position; or
``(B) a position listed in section 7401 of this title that
is not a senior executive position.'';
(2) in subsection (b), by striking ``under subsection
(a)(2)'' and inserting ``under subsection (a)(1)(B)'';
(3) in subsection (c), by striking ``senior executive
position'' and inserting ``covered position'';
(4) in subsection (d)(1), by striking ``The procedures
under section 7543(b) of title 5'' and inserting ``Sections
7461(b) and 7462 of this title and sections 7503, 7513, and
7543(b) of title 5''; and
(5) in subsection (g)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) an employee of the Department employed on a full-time
basis under a permanent appointment in a position listed in
section 7401 of this title (other than interns and residents
appointed pursuant to section 7406 of this title) who is not
in a senior executive position.''.
(b) Conforming Amendments.--Subchapter V of chapter 74 of
such title is amended--
(1) in section 7461(b)(1), by striking ``If the'' and
inserting ``Except as provided in sections 713 of this title,
if the''; and
(2) in section 7462--
(A) in subsection (a)(1), by striking ``Disciplinary'' and
inserting ``Except as provided in section 713 of this title,
the Disciplinary''; and
(B) in subsection (b)(1), by striking ``In any case'' and
inserting ``Except as provided in section 713 of this title,
in any case''.
(c) Technical Corrections.--Section 713 of such title is
amended--
(1) in subsection (a)(1), in the first sentence, by
striking ``of Veterans Affairs''; and
(2) in subsection (c), by striking ``Committees on
Veterans' Affairs of the Senate and House of
Representatives'' and inserting ``Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives''.
(d) Clerical Amendment.--
(1) Section heading.--The heading for section 713 of such
title is amended by striking ``Senior executives: removal
based on performance or misconduct'' and inserting ``Removal
of senior executives and certain other employees based on
performance or misconduct''.
(2) Table of sections.--The table of sections at the
beginning of chapter 7 of such title is amended by striking
the item relating to section 713 and inserting the following
new item:
``713. Removal of senior executives and certain other employees based
on performance or misconduct.''.
______
SA 1608. Mrs. ERNST submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 686, between lines 2 and 3, insert the following:
``(e) Certification Required for Waiver or Exception.--
``(1) In general.--The Secretary may not exercise the
waiver authority under subsection (b), and the exception
under subsection (c)(1) shall not apply, unless the Secretary
certifies to the appropriate congressional committees that
the Government of the Russian Federation is no longer--
``(A) violating the territorial integrity of Ukraine; or
``(B) supporting entities that have illegally seized
property of the Government of Ukraine or territory of
Ukraine.
``(2) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
[[Page S3727]]
______
SA 1609. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle D of title V, add the
following:
SEC. 540. ELIGIBILITY OF MEMBERS OF THE ARMY FOR TUITION
ASSISTANCE THROUGH THE DEPARTMENT OF DEFENSE
EFFECTIVE UPON COMPLETION OF INITIAL ENTRY
TRAINING IN THE ARMY.
Notwithstanding any other provision of law, any individual
who is enlisted, inducted, or appointed as a member of the
Army, including the Army National Guard of the United States
and the Army Reserve, after the date of the enactment of this
Act, shall be eligible for tuition assistance through the
Department of Defense for members of the Armed Forces upon
completion of initial entry training.
______
SA 1610. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle D of title V, add the
following:
SEC. 540. RECEIPT BY MEMBERS OF THE ARMED FORCES WITH PRIMARY
MARINER DUTIES OF TRAINING THAT COMPLIES WITH
NATIONAL STANDARDS AND REQUIREMENTS.
(a) In General.--Section 2105 of title 10, United States
Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Members With Primary Mariner Duties.--(1) For
purposes of the program under this section, the Secretary of
Defense and the Secretary of Homeland Security shall each
ensure that members of the armed forces with primary mariner
duties receive training that complies with national standards
and requirements under the International Convention on
Standards of Training, Certification, and Watchkeeping
(STCW).
``(2) The following shall comply with basic training
standards under national requirements and the International
Convention on Standards of Training, Certification, and
Watchkeeping:
``(A) The recruit training provided to each member of the
armed forces.
``(B) The training provided to each member of the armed
forces who is assigned to a vessel.
``(3) Under the program, each member of the armed forces
who is assigned to a vessel of at least 100 gross tons (GRT)
in a deck or engineering career field shall be provided the
following:
``(A) A designated path to applicable credentials under the
national requirements and the International Convention on
Standards of Training, Certification, and Watchkeeping
consistent with the responsibilities of the position to which
assigned.
``(B) The opportunity, at Government expense, to attend
credentialing programs that provide merchant mariner training
not offered by the armed forces.
``(4)(A) For purposes of the program, the material
specified in subparagraph (B) shall be submitted to the
National Maritime Center of the Coast Guard for assessment of
the compliance of such material with national requirements
and the International Convention on Standards of Training,
Certification, and Watchkeeping.
``(B) The material specified in this subparagraph is as
follows:
``(i) The course material of each unclassified course for
members of the armed forces in marine navigation, leadership,
and operation and maintenance.
``(ii) The unclassified qualifications for assignment for
deck or engineering positions on waterborne vessels.
``(C) The National Maritime Center shall conduct
assessments of material for purposes of this paragraph. Such
assessments shall evaluate the suitability of material for
the service at sea addressed by such material and without
regard to the military pay grade of the intended
beneficiaries of such material.
``(D) If material submitted to the National Maritime Center
pursuant to this paragraphs is determined not to comply as
described in subparagraph (A), the Secretary offering such
material to members of the armed forces shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the actions to be
taken by such Secretary to bring such material into
compliance.''.
(b) Additional Requirements.--
(1) In general.--Each Secretary concerned shall establish,
for members of the Armed Forces under the jurisdiction of
such Secretary, procedures as follows:
(A) Procedures by which members identify qualification gaps
in training and proficiency assessments and complete training
or assessments approved by the Coast Guard in addressing such
gaps.
(B) Procedures by which members obtain service records of
any service at sea.
(C) Procedures by which members may submit service records
of service at sea and other military qualifications to the
National Maritime Center for evaluation and issuance of a
Merchant Marine Credential.
(D) Procedures by which members may obtain a medical
certificate for use in applications for Merchant Marine
Credentials.
(2) Use of military drug test results in merchant marine
credential applications.--The Secretaries of the military
departments and the Secretary of Homeland Security shall
jointly establish procedures by which the results of
appropriate drug tests administered to members of the Armed
Forces by the military departments may be used for purposes
of applications for Merchant Marine Credentials.
(3) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' has the meaning given that term
in section 101(a) of title 10, United States Code.
______
SA 1611. Ms. AYOTTE (for herself and Mrs. Shaheen) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle B of title II, add the following:
SEC. 221. PROHIBITION ON THE USE OF FUNDS FOR THE MEADS
PROGRAM.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2016 for the
Department of Defense may be obligated or expended for the
medium extended air defense system.
______
SA 1612. Ms. AYOTTE submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title I, add the following:
SEC. 141. HEI PGU-13/B ROUND 30MILIMETER AMMUNITION.
(a) Additional Amount for Procurement of Ammunition, Air
Force.--
(1) In general.--The amount authorized to be appropriated
for fiscal year 2016 by section 101 is hereby increased by
$1,096,000, with the amount of the increase to be available
for procurement of ammunition, Air Force, for the purpose of
the procurement of HEI PGU-13/B Round 30milimeter ammunition.
(2) Supplement not supplant.--The amount available under
paragraph (1) for the procurement of ammunition specified in
that paragraph is in addition to any other amounts available
in this Act for procurement of such ammunition.
(b) Offset.--The amount authorized to be appropriated for
fiscal year 2016 by section 301 is hereby decreased by
$1,096,000, with the amount of the decrease to be applied
against amounts available for operation and maintenance, Air
Force, for Base Support for golf.
______
SA 1613. Mr. JOHNSON (for himself, Mr. Cornyn, and Ms. Baldwin)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of part II of subtitle H of title V, add the
following:
SEC. 593. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO JAMES
MEGELLAS FOR ACTS OF VALOR DURING BATTLE OF THE
BULGE.
(a) Authorization.--The President may award the Medal of
Honor under section 3741 of title 10, United States Code, to
James Megellas, formerly of Fond du Lac, Wisconsin, and
currently of Colleyville, Texas, for the acts of valor
described in subsection (b).
(b) Action Described.--The acts of valor referred to in
subsection (a) are the actions of James Megellas on January
28, 1945, in Herresbach, Belgium, during the Battle of the
Bulge, during World War II, when, as a first lieutenant in
the 82d Airborne Division, he led a surprise and devastating
attack on a much larger advancing enemy force, killing and
capturing a large number and causing others to flee, single-
handedly destroying
[[Page S3728]]
an attacking German Mark V tank with two hand-held grenades,
and then leading his men in clearing and seizing Herresbach.
(c) Waiver of Time Limitations.--The award under subsection
(a) may be made without regard to the time limitations
specified in section 3744(b) of title 10, United States Code,
or any other time limitation established by law or regulation
with respect to the awarding of certain medals to persons who
served in the Army.
____________________