[Congressional Record Volume 161, Number 93 (Thursday, June 11, 2015)]
[Senate]
[Pages S4110-S4115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1997. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle C of title II, add the following:

     SEC. 236. ASSESSMENT OF EFFECT OF BETTER BUYING POWER 3.0 
                   INITIATIVE ON INDEPENDENT RESEARCH AND 
                   DEVELOPMENT.

       (a) Assessment of Better Buying Power 3.0.--Not later than 
     90 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees an assessment of the Better Buying Power 
     3.0 initiative and its management of independent research and 
     development activities by contractors of the Department of 
     Defense.
       (b) Elements.--The assessment required under subsection (a) 
     shall include the following:
       (1) An assessment of the implementation of Better Buying 
     Power 3.0 and how it balances the need for management of 
     reimbursement of Department contractor independent research 
     and development costs with the need to preserve the 
     independence of a contractor to choose which technologies to 
     pursue in its independent research and development program.
       (2) An assessment of the costs, risks and benefits of 
     proposed changes to the current guidelines of the Department 
     for authorizing independent research and development by

[[Page S4111]]

     contractors and reimbursing such contractors for expenses 
     relating to such independent research and development.
       (3) Recommendations for legislative or administrative 
     action to improve the ways in which the Department authorizes 
     independent research and development by contractors of the 
     Department and reimburses such contractors for expenses 
     relating to such independent research and development.
                                 ______
                                 
  SA 1998. Mr. McCONNELL (for Mr. Rubio) 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, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 475, beginning on line 17, strike ``2035; and'' and 
     all that follows through ``(E) Implications'' on line 18 and 
     insert the following: ``2035;
       (D) options to address ship classes that begin 
     decommissioning prior to 2035, including Ticonderoga-class 
     guided missile cruisers; and
       (E) implications
                                 ______
                                 
  SA 1999. Mr. CASSIDY 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1085. RETENTION OF RECORDS OF REPRIMANDS AND 
                   ADMONISHMENTS RECEIVED BY EMPLOYEES OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Chapter 7 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 714. Record of reprimands and admonishments

       ``If any employee of the Department receives a reprimand or 
     admonishment, the Secretary shall retain a copy of such 
     reprimand or admonishment in the permanent record of the 
     employee as long as the employee is employed by the 
     Department.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``714. Record of reprimands and admonishments.''.
                                 ______
                                 
  SA 2000. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle A of title XVI, add the following:

     SEC. 1614. POINT OF ORDER AGAINST CERTAIN LEGISLATION 
                   MODIFYING RESTRICTIONS ON THE USE OF ROCKET 
                   ENGINES FROM THE RUSSIAN FEDERATION FOR THE 
                   EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report if the 
     bill, joint resolution, motion, amendment, amendment between 
     the Houses, or conference report--
       (1) would not authorize appropriations for a fiscal year 
     for military activities of the Department of Defense, for 
     military construction, and for defense activities of the 
     Department of Energy; and
       (2) would modify, amend, or supersede restrictions on the 
     use of rocket engines designed or manufactured in the Russian 
     Federation for the evolved expendable launch vehicle program.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
                                 ______
                                 
  SA 2001. Mr. PETERS (for himself, Mr. Daines, 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, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title V, add the following:

     SEC. 524. REVIEW OF CHARACTERIZATION OR TERMS OF DISCHARGE 
                   FROM THE ARMED FORCES OF INDIVIDUALS WITH 
                   MENTAL HEALTH DISORDERS ALLEGED TO AFFECT TERMS 
                   OF DISCHARGE.

       Section 1553(d) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(3)(A) In addition to the requirements of paragraphs (1) 
     and (2), in the case of a former member described in 
     subparagraph (B), the board shall--
       ``(i) review medical evidence of the Secretary of Veterans 
     Affairs or a civilian health care provider that is presented 
     by the former member; and
       ``(ii) review the case with a rebuttable presumption in 
     favor of the former member that post-traumatic stress 
     disorder or traumatic brain injury materially contributed to 
     the circumstances resulting in the discharge of a lesser 
     characterization.
       ``(B) A former member described in this subparagraph is a 
     former member described in paragraph (1) or a former member 
     whose application for relief is based in whole or in part on 
     matters relating to post-traumatic stress disorder or 
     traumatic brain injury as supporting rationale or as 
     justification for priority consideration whose post-traumatic 
     stress disorder or traumatic brain injury is related to 
     combat or military sexual trauma, as determined by the 
     Secretary concerned.''.
                                 ______
                                 
  SA 2002. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 1273 and insert the following:

     SEC. 1273. SENSE OF CONGRESS AND REPORT ON QATAR FIGHTER 
                   AIRCRAFT CAPABILITY CONTRIBUTION TO REGIONAL 
                   SAFETY.

       (a) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the United States should consider, in a timely manner, 
     the July 2013 Letter of Request from the Government of Qatar 
     for fighter aircraft;
       (2) the approval of such a sale, if found to be in the 
     national interests of the United States, could contribute to 
     the self-defense of Qatar, deter the regional ambitions of 
     Iran, reassure partners and allies of the United States 
     commitment to regional security, and enhance the strike 
     capability of fighter aircraft of the Qatar air force;
       (3) the ability of our regional partners to respond to 
     threatening Iranian military actions in the Gulf, such as 
     closing the Strait of Hormuz or launching a ballistic missile 
     attack, is a critical element of deterring Iranian aggression 
     and to maintaining security and stability in the region;
       (4) the maintenance by Israel of a Qualitative Military 
     Edge (QME) is vital, and due diligence is essential in 
     thoroughly evaluating the impact of such a sale as it relates 
     to the military capabilities of Israel; and
       (5) the Department of State should prioritize its 
     consideration of whether to issue a Letter of Offer and 
     Acceptance, to advance the sale of fighter aircraft to the 
     Government of Qatar so that key decisions can be taken 
     regarding the way forward for capabilities that are critical 
     for security and stability in the Middle East.
       (b) Report.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of State shall, in 
     consultation with the Secretary of Defense, shall submit to 
     the appropriate committees of Congress a report on the risks 
     and benefits of the sale of fighter aircraft to Qatar as 
     described in subsection (a).
       (2) Elements.--The report required by paragraph (1) shall 
     include the followings:
       (A) A description of the assumptions regarding the increase 
     to Qatar air force capabilities as a result of the sale.
       (B) A description of the assumptions regarding items 
     described in subparagraph (A) as they may impact the 
     preservation by Israel of a Qualitative Military Edge.
       (C) An estimated timeline for final adjudication of the 
     decision to approve the sale.
       (3) Form.--The report required by paragraph (1) may be 
     submitted in classified or unclassified form.
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.

[[Page S4112]]

                                 ______
                                 
  SA 2003. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SBIR PROGRAM ADMINISTRATIVE FEE EXTENSION.

       Section 9(mm)(1) of the Small Business Act (15 U.S.C. 
     638(mm)(1)) is amended, in the matter preceding subparagraph 
     (A), by striking ``for the 3 fiscal years beginning after the 
     date of enactment of this subsection'' and inserting ``until 
     September 30, 2017''.
                                 ______
                                 
  SA 2004. Mr. BROWN (for himself and 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, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1084. SENSE OF SENATE ON THE IMPORTANCE OF THE AIR FORCE 
                   MINORITY LEADERS PROGRAM.

       (a) Findings.--The Senate makes the following findings:
       (1) The Air Force Minority Leaders Program facilitates the 
     development of relationships between the Department of the 
     Air Force and students, teachers, and professors from 
     historically black colleges and universities and minority 
     institutions (HBCU/MI) to contribute to the performance of 
     research tasks for the Department.
       (2) The Air Force Minority Leaders Program promotes 
     valuable research for the Department, increases the pipeline 
     of minority scientific talent for professions within the Air 
     Force, and strengthens the scientific and educational 
     infrastructure in the minority community.
       (b) Sense of Senate.--It is the sense of the Senate to 
     encourage the Department of the Air Force and the Air Force 
     Research Laboratory to continue to invest in the Air Force 
     Minority Leaders Program by devoting time, personnel, and 
     resources to the Program in order to meet the critical 
     objectives of the Department with respect to defense 
     capabilities, science and technology, the future workforce, 
     and other technical matters.
                                 ______
                                 
  SA 2005. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 1569 proposed by Mr. Burr (for himself and Mrs. Boxer) 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 29, strike line 9 and insert the following:
     authority regarding a cybersecurity threat; and
       (iii) communications between a Federal law enforcement 
     entity and a private entity regarding a cybersecurity threat;
                                 ______
                                 
  SA 2006. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle C of title VI , add the following:

     SEC. 622. POLICIES OF THE DEPARTMENT OF DEFENSE ON TRAVEL OF 
                   NEXT OF KIN TO PARTICIPATE IN THE DIGNIFIED 
                   TRANSFER OF REMAINS OF MEMBERS OF THE ARMED 
                   FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT 
                   OF DEFENSE WHO DIE OVERSEAS.

       (a) Review of Policies.--
       (1) In general.--The Secretary of Defense shall carry out a 
     review of the current policies of the Department of Defense 
     on the travel for next of kin to participate in the dignified 
     transfer of remains of members of the Armed Forces and 
     civilian employees of the Department who die overseas.
       (2) Elements.--The review required by this subsection shall 
     include the following:
       (A) An assessment of the changes to Department instructions 
     and Federal regulations necessary to provide Government 
     funded travel to the next of kin to participate in the 
     dignified transfer of remains of members of the Armed Forces 
     and civilian employees of the Department who die overseas, 
     regardless whether the death occurred in a combat area or a 
     non-combat area.
       (B) An action plan and timeline for making the changes 
     described in subparagraph (A).
       (b) Modification of Policies.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than February 1, 2016, the Secretary of Defense shall 
     take appropriate actions to modify the policies of the 
     Department in order to provide Government funded travel for 
     the next of kin to participate in the dignified transfer of 
     remains of members of the Armed Forces and civilian employees 
     of the Department of Defense who die overseas, regardless 
     whether the death occurs in a combat area or a non-combat 
     area.
       (2) Exception.--The Secretary is not required to modify the 
     policies of the Department as described in paragraph (1) if, 
     by not later than March, 1, 2016, the Secretary certifies, in 
     writing, to the congressional defense committees that such 
     action is not in the best interest of the United States. The 
     certification shall include the following:
       (A) An assessment and reevaluation by the Secretary of the 
     rational for excluding the next of kin from Government funded 
     travel if the death of a member of the Armed Forces or 
     civilian employee of the Department overseas occurs in a non-
     combat area.
       (B) Recommendations for alternative plans to ensure that 
     the next of kin of members of the Armed Forces and civilian 
     employees of the Department who die overseas in a non-combat 
     area may participate in the dignified transfer of the remains 
     of the deceased at Dover Port Mortuary, including through the 
     actions of appropriate non-governmental organizations.
                                 ______
                                 
  SA 2007. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1085. MILITARY COMPENSATION AND RETIREMENT MODERNIZATION 
                   COMMISSION.

       (a) Extension of Commission.--Section 679 of the National 
     Defense Authorization Act for Fiscal Year 2013 (Public Law 
     112-239; 126 Stat. 1795), as amended by section 1095(b)(6) of 
     the National Defense Authorization Act for Fiscal Year 2014 
     (Public Law 113-66; 127 Stat. 880), is further amended by 
     striking ``not later than 35 months after the Commission 
     establishment date'' and inserting ``on October 1, 2016''.
       (b) Funding.--Section 680 of the National Defense 
     Authorization Act for Fiscal Year 2013 (126 Stat. 1795), as 
     amended by section 1095(b)(7) of the National Defense 
     Authorization Act for Fiscal Year 2014 (127 Stat. 880), is 
     further amended--
       (1) in the first sentence, by inserting ``(a) In General.--
     '' before ``Of the amounts'';
       (2) in the third sentence, by striking ``under this 
     section'' and inserting ``under this subsection''; and
       (3) by adding at the end the following new subsection:
       ``(b) Additional Funding.--Of the amounts authorized to be 
     appropriated for fiscal year 2016 for the Department of 
     Defense by the National Defense Authorization Act for Fiscal 
     Year 2016, $1,800,000 shall be made available to the 
     Commission to carry out its duties under this subtitle. Funds 
     made available to the Commission under the preceding sentence 
     shall remain available until expended.''.
                                 ______
                                 
  SA 2008. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 1645 and insert the following:

     SEC. 1645. ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM 
                   CODEVELOPMENT AND POTENTIAL COPRODUCTION.

       (a) In General.--Except as otherwise provided in this 
     section, of the amount authorized to be appropriated for 
     fiscal year 2016 for Procurement, Defense-wide, and available 
     for the Missile Defense Agency, $150,000,000 may be provided 
     to the Government of Israel to procure the David's Sling 
     Weapon System

[[Page S4113]]

     and $15,000,000 for the Arrow 3 Upper Tier Interceptor 
     Program, including for co-production of parts and components 
     in the United States by United States industry.
       (b) Disbursement.--
       (1) In general.--Except as provided in paragraph (2), 
     following successful completion of milestones that inform 
     production decisions and production readiness reviews in the 
     research, development, and technology agreements for the 
     David's Sling Weapon System and the Arrow 3 Upper Tier 
     Development Program, the Director of the Missile Defense 
     Agency may disburse amounts available pursuant to subsection 
     (a) on the basis of what is mutually agreed to by the United 
     States and Israel, on or after the date that the United 
     States enters into a bilateral agreement with the Government 
     of Israel that, as determined by the Director, accomplishes 
     the following:
       (A) Establishes the terms of co-production of parts and 
     components of the respective systems--
       (i) in a manner that will minimize non-recurring 
     engineering and facilitization expenses; and
       (ii) that ensures that an optimal production share is 
     carried out by United States persons.
       (B) Ensures that, in the case of coproduction of the 
     David's Sling Weapon System, a study is jointly conduced by 
     the Israel Missile Defense Organization and the Missile 
     Defense Agency of the United States as follows:
       (i) The purpose of the study shall be to determine the most 
     effective and efficient ways to reach a target of 50 percent 
     production in the United States by the end of the multi-year 
     coproduction plan.
       (ii) The study shall identify and assess, with respect to 
     the process of moving production to the United States--

       (I) the best opportunities for United States contractors;
       (II) cost, schedule, and operational risks; and
       (III) imports required.

       (iii) The study shall be carried out so that the results 
     will inform future negotiations on the amendments to the 
     bilateral agreement with regard to United States work share.
       (C) Establishes a plan for procurement, using amounts 
     disbursed under this subsection and based on the Israeli 
     requirement for the number of interceptors and batteries of 
     the respective systems that will be procured.
       (D) Allows the Director of the Missile Defense Agency and 
     the Under Secretary of Defense for Acquisition, Technology 
     and Logistics to establish technical milestones for co-
     production and procurement of the respective systems.
       (E) Establishes joint approval processes for third party 
     sales of such systems.
       (2) Exception for long lead time and critical items.--(A) 
     The Director may make a disbursement under paragraph (1) 
     before the date that the United States enters into a 
     bilateral agreement described in such paragraph for long lead 
     time and critical procurement items and activities, not to 
     exceed $90,000,000 for the David's Sling Weapon System and 
     $15,000,000 for the Arrow 3 Upper Tier Interceptor Program.
       (B) Amounts disbursed under subparagraph (A) shall be 
     considered amounts disbursed under a bilateral agreement 
     described in paragraph (1).
                                 ______
                                 
  SA 2009. Ms. MIKULSKI 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle A of title XIV, add the following:

     SEC. 1409. ADDITIONAL AMOUNT FOR OTHER AUTHORIZATIONS, 
                   WORKING CAPITAL FUNDS, FOR THE DEFENSE 
                   COMMISSARY AGENCY.

       (a) Additional Amount.--The amount authorized to be 
     appropriated for fiscal year 2016 by section 1401 is hereby 
     increased by $322,000,000, with the amount of the increase to 
     be available for working capital funds, Defense Commissary 
     Agency, as specified in the funding table in section 4501.
       (b) Offset.--
       (1) O&M, army.--The amount authorized to be appropriated 
     for fiscal year 2016 by section 301 is hereby decreased by 
     $53,666,667, with the amount of the decrease to be applied to 
     amounts available for operation and maintenance, Army, as 
     specified in the funding table in section 4301 and achieved 
     by limiting excessive and redundant purchases of spare parts.
       (2) O&M, navy.--The amount authorized to be appropriated 
     for fiscal year 2016 by section 301 is hereby decreased by 
     $53,666,667, with the amount of the decrease to be applied to 
     amounts available for operation and maintenance, Navy, as 
     specified in the funding table in section 4301 and achieved 
     by limiting excessive and redundant purchases of spare parts.
       (3) O&M, air force.--The amount authorized to be 
     appropriated for fiscal year 2016 by section 301 is hereby 
     decreased by $53,666,666, with the amount of the decrease to 
     be applied to amounts available for operation and 
     maintenance, Air Force, as specified in the funding table in 
     section 4301 and achieved by limiting excessive and redundant 
     purchases of spare parts.
       (4) Generally.--The aggregate amount available for fiscal 
     year 2016 under this division due to foreign currency 
     fluctuations is reduced from the aggregate amount otherwise 
     specified in the funding tables in division D by 
     $151,000,000.
                                 ______
                                 
  SA 2010. Mr. SANDERS 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; 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 DEFENSE CONTRACTING FRAUD.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     defense contracting fraud.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A summary of fraud-related criminal convictions and 
     civil judgements or settlements over the previous five fiscal 
     years.
       (2) A listing of contractors that within the previous five 
     fiscal years performed contracts for the Department of 
     Defense and were debarred or suspended from Federal 
     contracting based on a criminal conviction for fraud.
       (3) An assessment of the total value of Department of 
     Defense contracts entered into during the previous five 
     fiscal years with contractors that have been indicted for, 
     settled charges of, been fined by any Federal department or 
     agency for, or been convicted of fraud in connection with any 
     contract or other transaction entered into with the Federal 
     Government.
       (4) Recommendations by the Inspector General of the 
     Department of Defense or other appropriate Department of 
     Defense official regarding how to penalize contractors 
     repeatedly involved in fraud in connection with contracts or 
     other transactions entered into with the Federal Government, 
     including an update on implementation by the Department of 
     any previous such recommendations.
                                 ______
                                 
  SA 2011. Ms. AYOTTE (for herself, Mr. Peters, Mr. Rubio, Mr. 
Blumenthal, Mr. Graham, Mrs. Gillibrand, Mr. Wicker, Mr. Nelson, Mrs. 
Fischer, Mr. Inhofe, Mr. Roberts, Mr. Boozman, Mr. Blunt, Mr. Rounds, 
Mr. Hatch, and Mr. Kirk) 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 1272 and insert the following:

     SEC. 1272. UNITED STATES-ISRAEL ANTI-TUNNEL COOPERATION.

       (a) Findings.--Congress makes the following findings:
       (1) Tunnels can be used for criminal purposes, such as 
     smuggling drugs, weapons, or humans, or for terrorist or 
     military purposes, such as launching surprise attacks or 
     detonating explosives underneath civilian or military 
     infrastructure.
       (2) Tunnels have been a growing threat on the southern 
     border of the United States for years.
       (3) In the conflict in Gaza in 2014, terrorists used 
     tunnels to conduct attacks against Israel.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the national security interests of the United 
     States to develop technology to detect and counter tunnels, 
     and the best way to do this is to partner with other affected 
     countries;
       (2) the Administration should, on a joint basis with 
     Israel, carry out research, development, test, and evaluation 
     of anti-tunnel capabilities to detect, map, and neutralize 
     underground tunnels that threaten the United States or 
     Israel; and
       (3) the Administration should use developed anti-tunnel 
     capabilities to better protect the United States and deployed 
     United States military personnel.
       (c) Authority To Establish Anti-tunnel Capabilities Program 
     With Israel.--
       (1) In general.--The Secretary of Defense, upon request of 
     the Ministry of Defense of Israel and in consultation with 
     the Secretary of State and the Director of National 
     Intelligence, is authorized to carry out research, 
     development, test, and evaluation, on a joint

[[Page S4114]]

     basis with Israel, to establish anti-tunnel capabilities to 
     detect, map, and neutralize underground tunnels that threaten 
     the United States or Israel. Such authority includes 
     authority to construct facilities and install equipment 
     necessary to carry out research, development, test, and 
     evaluation so authorized. Any activities carried out pursuant 
     to such authority shall be conducted in a manner that 
     appropriately protects sensitive information and United 
     States and Israel national security interests.
       (2) Report.--The activities described in paragraph (1) and 
     subsection (d) may be carried out after the Secretary of 
     Defense submits to the appropriate committees of Congress a 
     report setting forth the following:
       (A) A memorandum of agreement between the United States and 
     Israel regarding sharing of research and development costs 
     for the capabilities described in paragraph (1), and any 
     supporting documents.
       (B) A certification that the memorandum of agreement--
       (i) requires sharing of costs of projects, including in-
     kind support, between the United States and Israel;
       (ii) establishes a framework to negotiate the rights to any 
     intellectual property developed under the memorandum of 
     agreement; and
       (iii) requires the United States Government to receive 
     quarterly reports on expenditure of funds, if any, by the 
     Government of Israel, including a description of what the 
     funds have been used for, when funds were expended, and an 
     identification of entities that expended the funds.
       (d) Assistance in Connection With Program.--
       (1) In general.--The Secretary of Defense is authorized to 
     provide procurement, maintenance, and sustainment assistance 
     to Israel in support of the anti-tunnel capabilities 
     research, development, test, and evaluation activities 
     authorized in subsection (c)(1).
       (2) Report.--Assistance may not be provided under paragraph 
     (1) until 15 days after the Secretary submits to the 
     appropriate committees of Congress a report setting forth a 
     detailed description of the assistance to be provided.
       (3) Matching contribution.--Assistance may not be provided 
     under this subsection unless the Government of Israel 
     contributes an amount not less than the amount of assistance 
     to be so provided to the program, project, or activity for 
     which the assistance is to be so provided.
       (e) Quarterly Reports.--The Secretary of Defense shall 
     submit to the appropriate committees of Congress on a 
     quarterly basis a report that contains a copy of the most 
     recent quarterly report provided by the Government of Israel 
     to the Department of Defense pursuant to subsection 
     (c)(2)(B)(iii).
       (f) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security, and 
     the Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Homeland Security, and the 
     Committee on Appropriations of the House of Representatives.
       (g) Sunset.--The authority in this section to carry out 
     activities described in subsection (c), and to provide 
     assistance described in subsection (d), shall expire on the 
     date that is three years after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 2012. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BORDER SECURITY ON FEDERAL LANDS ALONG THE SOUTHERN 
                   BORDER.

       (a) Definitions.--In this section:
       (1) Federal lands.--The term ``Federal lands'' includes all 
     land under the control of the Secretary concerned that is 
     located--
       (A) within 100 miles of the international border between 
     the United States and Mexico; and
       (B) within the Tucson and Yuma sectors of United States 
     Border Patrol.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--
       (1) In general.--To achieve border security on Federal 
     lands--
       (A) notwithstanding any other provision of law, the 
     Secretary concerned shall provide U.S. Customs and Border 
     Protection personnel with immediate access to Federal lands 
     for border security activities, including--
       (i) routine motorized patrols; and
       (ii) the deployment of communications, surveillance, and 
     detection equipment;
       (B) the Secretary concerned may provide education and 
     training to U.S. Customs and Border Protection personnel on 
     the natural and cultural resources present on individual 
     Federal land units; and
       (C) the security activities described in subparagraph (A) 
     shall be conducted, to the maximum extent practicable, in a 
     manner that the Secretary of Homeland Security determines 
     will best protect the natural and cultural resources on 
     Federal lands.
       (2) Intermingled state and private land.--Paragraph (1) 
     shall not apply to any private or State-owned land within the 
     boundaries of Federal lands.
       (3) Sunset.--The requirements under this subsection shall 
     terminate on the date that is 4 years after the date of the 
     enactment of this Act.
       (c) Report.--Not later than 90 days before the date on 
     which the requirements under subsection (b) are scheduled to 
     terminate, the Comptroller General of the United States shall 
     submit a report to the appropriate congressional committees 
     that includes--
       (1) an analysis of the effectiveness of the actions taken 
     pursuant to such subsection, including the impact of such 
     actions on--
       (A) border security activities; and
       (B) the natural and cultural resources on impacted Federal 
     lands;
       (2) an assessment of the 2006 Memos of Understanding 
     between the Department of Homeland Security, the Department 
     of Agriculture, and the Secretary of the Interior regarding 
     access to Federal and Indian lands for border security 
     activities, including--
       (A) how such memoranda, as in force on the date of the 
     enactment of this Act, impacted border security activities;
       (B) the best way to improve such memoranda and their 
     application;
       (C) specific ways in which such memoranda could be used to 
     ensure that the Department of Homeland Security receives 
     timely access to Federal lands for critical border security 
     activities; and
       (D) the number of agency personnel required to effectively 
     and efficiently execute such memoranda;
       (3) a sector-by-sector analysis of the expected impact of 
     applying the requirements under subsection (b) to the entire 
     land border of the United States, including--
       (A) an assessment of--
       (i) how border security activities and natural, cultural, 
     and historic resources on Federal and Indian lands would be 
     impacted, including the potential impact on wildlife, 
     including endangered species;
       (ii) any actions the Department of Homeland Security would 
     need to take to mitigate the impact of border security 
     activities, including the estimated costs of such actions; 
     and
       (iii) whether lack of access hinders border security; and
       (B) an examination of the impact of providing the 
     Department of Homeland Security with increased access to 
     Federal and Indian lands located within--
       (i) 25 miles of the United States border;
       (ii) 50 miles of the United States border, or
       (iii) 100 miles of the United States border; and
       (4) a sector-by-sector analysis of--
       (A) the costs incurred by each Secretary concerned relating 
     to managing and mitigating for illegal border activity on 
     Federal lands, including the cost of restoring natural 
     resources that were damaged by illegal border activity;
       (B) the impact of illegal traffic on wildlife, including 
     endangered species and critical habitat; and
       (C) the impact of illegal traffic on natural, cultural, and 
     historic resources on Federal lands.
                                 ______
                                 
  SA 2013. 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, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1085. ASSISTANCE FOR INDIVIDUALS WHO USED POST-9/11 
                   EDUCATIONAL ASSISTANCE TO PURSUE A PROGRAM OF 
                   EDUCATION AT AN INSTITUTION OF HIGHER LEARNING 
                   THAT CLOSED WHILE PURSUING THE PROGRAM.

       (a) Assistance.--
       (1) In general.--Subchapter II of chapter 33 of title 38, 
     United States Code, is amended by inserting after section 
     3318 the following new section:

     ``Sec. 3318A. Assistance for individuals who pursue programs 
       of education at institutions of higher learning that 
       unexpectedly close

       ``(a) Covered Individuals.--(1) For purposes of this 
     section, a covered individual is any individual who--
       ``(A)(i) pursued a program of education at an institution 
     of higher learning with educational assistance under this 
     chapter and stopped pursuing such program of education

[[Page S4115]]

     because the institution of higher learning closed before such 
     individual could complete such program of education or 
     because the individual anticipated that such institution of 
     higher learning would close and withdrew from such program 
     not more than 120 days before the date on which such 
     institution of higher learning actually closed; and
       ``(ii) did not complete such program of education pursuant 
     to a teach-out plan (as defined in section 487(f)(2) of the 
     Higher Education Act of 1965 (20 U.S.C. 1094(f)(2))); or
       ``(B) pursued a program of education with educational 
     assistance under this chapter at an institution of higher 
     learning that the Secretary determines caused such harm to 
     the individual as the Secretary determines equity requires 
     that the individual receive relief under this section.
       ``(2) For purposes of this subsection and in the case of 
     the closing of an institution of higher learning, the 
     Secretary may increase the 120-day period specified in 
     paragraph (1)(A)(i) if the Secretary determines that 
     exceptional circumstances regarding such closing justify the 
     increase.
       ``(b) Restoration of Entitlement to Educational 
     Assistance.--The Secretary shall restore to each covered 
     individual who used educational assistance under this chapter 
     to pursue a program of education at an institution of higher 
     learning--
       ``(1) as described in subparagraph (A) of subsection (a)(1) 
     such individual's entitlement to educational assistance under 
     this chapter in an amount equal to one month for each month 
     of educational assistance used by the individual to pursue 
     such program of education at such institution of higher 
     learning; and
       ``(2) as described in subparagraph (B) of such subsection 
     such individual's entitlement to educational assistance under 
     this chapter in such amount as the Secretary determines 
     equity requires.
       ``(c) Restoration of Entitlement to Tutorial Assistance.--
     In the case of a covered individual described in subsection 
     (a)(1) who received benefits under section 3314 of this title 
     to correct a deficiency of the covered individual in a course 
     that was part of the program of education pursued by the 
     covered individual as described in such subsection, the 
     Secretary shall--
       ``(1) in a case described in subparagraph (A) of such 
     subsection, restore to such covered individual such covered 
     individual's entitlement to benefits under such section in an 
     amount equal to the amount paid under such section for such 
     correction; and
       ``(2) in a case described in subparagraph (B) of such 
     subsection, restore to such covered individual such amount of 
     such covered individual's entitlement to benefits under such 
     section as the Secretary determines equity requires.
       ``(d) Continued Payment of Monthly Housing Stipends.--(1) 
     Subject to paragraph (2), in the case of a covered individual 
     described in subsection (a)(1) who in the case described in 
     subparagraph (A) of such subsection was receiving a monthly 
     housing stipend under this chapter while pursuing the program 
     of education at the institution of higher learning that 
     closed or who in a case described in subparagraph (B) of such 
     subsection in which the covered individual was receiving a 
     monthly housing stipend under this chapter while pursuing the 
     program of education and stopped pursuing the program of 
     education because of the harm caused by the institution of 
     higher learning, the Secretary shall continue to pay to such 
     covered individual such monthly housing stipend for the first 
     month beginning after the covered individual stopped pursuing 
     such program of education and for each month thereafter until 
     the covered individual begins pursuing a program of education 
     at a new institution of higher learning with educational 
     assistance under this chapter.
       ``(2) No individual may receive more than three months of 
     monthly stipend under this subsection.
       ``(e) National Tests.--In the case of a covered individual 
     who pursued a program of education at an institution of 
     higher education as described in subsection (a)(1) and 
     received educational assistance under section 3315A of this 
     title for a national test for admission to such program of 
     education or institution of higher learning or for course 
     credit at such institution of higher learning, the Secretary 
     shall restore to such covered individual the months of 
     entitlement charged such covered individual pursuant to 
     subsection (c) of such section for such educational 
     assistance.
       ``(f) Relocation and Travel Assistance.--A payment under 
     section 3318 of this title for pursuit of a program of 
     education at an institution of higher learning as described 
     in subsection (a)(1) of this section shall not be considered 
     a payment of additional assistance under section 3318 of this 
     title for purposes of subsection (d) of such section.
       ``(g) Recovery.--In a case of a covered individual who 
     pursued a program of education at an institution of higher 
     learning as described in subsection (a)(1), the Secretary 
     shall seek to recover from the institution of higher learning 
     the value of--
       ``(1) the entitlement to educational assistance restored to 
     the covered individual under subsections (b) and (e), if any;
       ``(2) the entitlement to tutorial assistance restored to 
     the covered individual under subsection (c), if any;
       ``(3) the amount of monthly housing stipend paid to the 
     covered individual under subsection (d)(1), if any; and
       ``(4) the additional assistance provided to the covered 
     individual under section 3318 of this title for such pursuit, 
     if any.
       ``(h) Institution of Higher Learning Defined.--In this 
     section, the term `institution of higher learning' has the 
     meaning given that term in section 3452 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 33 of such title is amended by inserting 
     after the item relating to section 3318 the following new 
     item:

``3318A. Assistance for individuals who pursue programs of education at 
              institutions of higher learning that unexpectedly 
              close.''.

       (b) Construction.--Nothing in section 3318A of such title, 
     as added by subsection (a)(1), or any other provision of law, 
     shall be construed to prohibit the Secretary of Veterans 
     Affairs from restoring entitlement or continuing payment 
     under such section before promulgating regulations to carry 
     out such section.
       (c) Retroactive Effective Date.--Section 3318A of such 
     title, as added by subsection (a), shall apply as if it were 
     enacted on the date of the enactment of the Post-9/11 
     Veterans Educational Assistance Act of 2008 (Public Law 110-
     252).
                                 ______
                                 
  SA 2014. Mr. CASEY (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, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1049. SENSE OF CONGRESS ON FURTHER CUTS TO THE NUMBER OF 
                   BRIGADE COMBAT TEAMS OF THE ARMY.

       It is the sense of Congress that--
       (1) both the quantity and complexity of national security 
     threats facing the United States have grown in recent years, 
     particularly the threat posed by the terrorists of the self-
     declared Islamic State of Iraq and the Levant, and continuing 
     aggression by the Russian Federation;
       (2) the National Commission on the Future of the Army is 
     currently assessing the appropriate force structure for the 
     Army in light of these threats, and is required to report to 
     Congress on that assessment by February 1, 2016; and
       (3) in light of these growing threats and that assessment, 
     the Department of Defense should not make further reductions 
     in the number of brigade combat teams in the regular and 
     reserve components of the Army, including the Army National 
     Guard, which would be difficult and costly to reverse and 
     would have an adverse impact on the ability of the Army to 
     respond to global threats.
                                 ______
                                 
  SA 2015. 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, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title VII, add the following:

     SEC. 832. APPLICABILITY OF EXECUTIVE ORDER 13673 ``FAIR PAY 
                   AND SAFE WORKPLACES'' TO DEPARTMENT OF DEFENSE 
                   CONTRACTORS.

       (a) Limitation.--The Secretary of Defense shall limit the 
     application of any acquisition regulations promulgated 
     pursuant to Executive Order 13673 to contractors or 
     subcontractors who have been suspended or debarred under the 
     laws and regulations in effect on May 28, 2015, as a result 
     of a Federal labor law violations covered by Executive Order 
     13673.
       (b) Compliance Requirements.--The Secretary shall ensure 
     that Department of Defense contractors or subcontractors who 
     are not described under subsection (a) are not compelled or 
     required to comply with the conditions for contracting 
     eligibility as stated in any acquisition regulations 
     promulgated to implement Executive Order 13673.

                          ____________________