Congressional Record, Volume 163 Issue 119 (Friday, July 14, 2017)

[Congressional Record Volume 163, Number 119 (Friday, July 14, 2017)]
[House]
[Pages H5836-H5868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018

The SPEAKER pro tempore (Mr. Bost). Pursuant to House Resolution 440
and rule XVIII, the Chair declares the House in the Committee of the
Whole House on the state of the Union for the further consideration of
the bill, H.R. 2810.
Will the gentleman from Idaho (Mr. Simpson) kindly take the chair.

{time} 0906

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2018) to authorize appropriations for fiscal year 2018
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, with Mr. Simpson (Acting Chair) in the
chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole House rose on
Thursday, July 13, 2017, a second set of amendments en bloc, offered by
the gentleman from Texas (Mr. Thornberry) had been disposed of.
It is now in order to consider amendment No. 16 printed in House
Report 115-217.

Amendment No. 17 Offered by Mr. Byrne

The Acting CHAIR. It is now in order to consider amendment No. 17
printed in House Report 115-217.
Mr. BYRNE. Mr. Chairman, I rise as the designee of the gentlewoman
from Florida, and I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of title XXXV add the following:

SEC. __. APPLICATION OF LAW.

Section 4301 of title 46, United States Code, is amended by
adding at the end the following:
``(d) For purposes of any Federal law except the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), any
vessel, including a foreign vessel, being repaired or
dismantled is deemed to be a recreational vessel, as defined
under section 2101(25), during such repair or dismantling, if
that vessel--
``(1) shares elements of design and construction of
traditional recreational vessels (as so defined); and
``(2) when operating is not normally engaged in a military,
commercial, or traditionally commercial undertaking.''.

The Acting CHAIR. Pursuant to House Resolution 440, the gentleman
from Alabama (Mr. Byrne) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Alabama.
Mr. BYRNE. Mr. Chairman, this straightforward and bipartisan
amendment would provide important clarity for the recreational marine
industry as it relates to workers' compensation coverage.
For decades, Federal law stated that individuals who build,
dismantle, or repair recreational vessels less than 65 feet could be
covered under State workers' compensation law instead of the Federal
Longshore and Harbor Workers' Compensation Act.
Under the Democrat-controlled Congress in 2009, the law was
simplified by eliminating the size limitation, which allowed more
employers to purchase State workers' compensation.
Unfortunately, in 2011, the Department of Labor issued a burdensome
and confusing rule creating a new definition of recreational vessel.
This change contradicted legislation passed by the Congress in 2009,
and effectively denied recreational vessel repair workers access to
more affordable State workers' compensation insurance.
This regulatory confusion and uncertainty is reducing access to
affordable workers' compensation policies and also hurting the overall
recreational repair industry.
Our bipartisan amendment increases strong protections to ensure that
no vessel used for commercial or military purposes is inappropriately
excepted from the Federal requirements.
This amendment would provide regulatory relief for small businesses,
including those in coastal Alabama, while also ensuring the maritime
workers receive the protections they need.
Mr. Chairman, I reserve the balance of my time.
Mr. COURTNEY. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Connecticut is recognized for 5
minutes.
Mr. COURTNEY. Mr. Chairman, I rise in opposition to this amendment
that is offered by my good friend from Alabama (Mr. Byrne).
I would just note that this is an amendment that has been around the
last couple Congresses, and the intent clearly is to carve out a larger
exemption from the longshoremen's act which is a law that goes back to
1927.
I would note that if that is the intent, the language of this
amendment actually is kind of like legislating with a chainsaw instead
of a scalpel because by carving out a larger exemption for recreational
vessels above or beyond 55 feet long, basically there is a whole series
of Coast Guard rules and regulations that have been enforced by the
Coast Guard for many years that this amendment, unfortunately, is going
to sweep up and undermine, including the rules related to alcohol on
board vessels, waste management, Coast Guard inspection categories,
vessel sales to non-U.S. citizens, tonnage taxes, and safety management
systems.
The Coast Guard is out there every single day making sure that these
rules which really protect our ports and make sure that particularly
foreign, large, super yachts are paying their fair share, in terms of
the costs of environmental protection, and boating safety is enforced.
That is, again, what this amendment will undermine.
That is why last year the Coast Guard issued a statement pointing out
the fact that because of the broad sweep of the language of this
amendment, it is really undermining some key missions that the Coast
Guard has been doing for decades for the American people.
So I would note that, at the outset, obviously there is, I think,
another

[[Page H5837]]

issue which is just as significant which is undermining the
longshoremen's act which goes back to Calvin Coolidge. It recognizes
the fact that the folks who are engaged in longshoremen activity but
also shipyard construction are engaged in a very high-risk type of
occupation.
The longshoremen's act was a recognition that State workers'
compensation systems, because of the fact that they varied up and down
in terms of protections, really required a Federal minimum standard.
That is really something that has obviously withstood the test of time
over the last 90 years.
Again, if you look at the data, people who were involved in shipyard
work, their risk of injury is much higher than many other occupations.
I am a proud Representative from a district that has the second
largest employment level in shipbuilding according to the American
Shipbuilding Association, and these folks are dealing with processes,
equipment, and parts that, again, really are much higher risk than even
aerospace or other forms of manufacturing.
Mr. Chairman, I think what we ought to do is stick to the Coast Guard
definition of what a recreational vessel is because that has been on
the books for many years, and it is something that I think all of us
should listen closely to in terms of evaluating this amendment.
I think also we should recognize that we can build a great American
shipbuilding sector in this country for commercial and recreational
vessels, but we should not do it on the backs of worker protection.
Mr. Chairman, I reserve the balance of my time.
Mr. BYRNE. Mr. Chairman, I appreciate the gentleman. He and I have
worked together on shipbuilding issues a lot of times, and I appreciate
his leadership in that industry.
These are recreational vessel companies. They are small companies
doing small things on different types of vessels than the ones that Mr.
Courtney and I are typically working together on. So trying to apply
the same rules when it is a completely different activity to where,
when we are usually talking about very large ships, it just doesn't
make any sense.
This has traditionally been a Democrat amendment. I have always
supported it. I am happy to be here to support it today. I would like
for us to continue our tradition of bipartisanship on this issue.
Mr. Chairman, I reserve the balance of my time.
Mr. COURTNEY. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Virginia (Mr. Scott) who is a colleague from another great
shipbuilding district and also the ranking member of the Education and
the Workforce Committee.

Mr. SCOTT of Virginia. Mr. Chairman, I rise in opposition to this
amendment.
The amendment shifts workers who repair super yachts and large,
luxury watercraft out of coverage under the Longshore and Harbor
Workers' Compensation Act and into coverage under State workers'
compensation programs.
But it doesn't just amend the longshoremen act. Rather, it creates a
problem with the Coast Guard law. The Coast Guard opposed an identical
amendment last year because it creates widespread damage to Coast Guard
regulatory and enforcement authorities, implicates U.S. treaty
obligations, and could affect the collection of tonnage taxes on
foreign flagged vessels.
The Department of Labor also opposes the amendment because it could
lead to uncertainty and foster litigation under the longshoremen
coverage. Moreover, by shifting workers out of longshoremen into the
weak State workers' comp laws such as Florida, it could permanently
impoverish workers.
Last year, the Florida Supreme Court held that the Florida workers'
compensation law was so anemic that it was unconstitutional.
If the goal is to provide reasonable insurance rates, then it should
be in the insurance industry not by complicating the Coast Guard, by
complicating the Department of Labor, and denying workers their
benefits under the Longshoremen's Compensation Act.
Mr. Chairman, I include in the Record a letter from the Committee on
Education and the Workforce opposing this amendment.

Committee on Education and the Workforce, House of
Representatives,
Washington, DC, July 12, 2017.
Re Opposition to Making Amendment 302 in Order as part of the
National Defense Authorization Act for FY 2018 (H.R.
2810)

Hon. Pete Sessions,
Chairman, Committee on Rules,
House of Representatives, Washington, DC.
Hon. Louise McIntosh Slaughter,
Ranking Member, Committee on Rules,
House of Representatives, Washington, DC.
Dear Chairman Sessions and Ranking Member Slaughter: I am
writing to request that you not make Amendment 302 in order
as part of the rule for the FY 2018 National Defense
Authorization Act (H.R. 2810).
The amendment offered by Representatives Frankel and Byrne
changes the definition of a ``recreational'' vessel under
U.S. Coast Guard (USCG) boating safety authorizing
legislation. The amendment authors' goal is to change
workers' compensation coverage for those repairing luxury
water craft and superyachts by shifting coverage for these
workers from the Longshore and Harbor Workers Compensation
Act (LHWCA) into state workers' compensation programs.
However, the amendment does not amend the LHWCA. Rather it
changes the definition of ``recreational vessel'' under
Section 4301 of Title 46 (the Federal Boat Safety Act of
1971). According to the Coast Guard, this approach to
amending the LHWCA will have adverse collateral impacts on
Coast Guard regulatory and enforcement authorities, implicate
U.S. treaty obligations, and affect collection of tonnage
taxes on foreign flagged vessels. The USCG statement,
attached to this letter, notes that this provision could:
Exclude vessels now covered under the U.S. implementing
legislation for the International Convention on the Control
of Harmful Anti-Fouling Systems on Ships, and reduce
available civil monetary penalties to deter violations;
Allow a foreign vessel owner to exempt itself from tonnage
taxes by declaring its vessel to be under repair; and,
Allow foreign flagged vessels to avoid requirements for
safety management systems under the International Safety
Management Code.
The U.S. Department of Labor (DOL) objected to this
provision in the last Congress, as it would ``lead to
uncertainty and foster litigation regarding Longshore Act
coverage'' because the definition of ``recreational'' vessel
introduces subjective criteria.
This identical amendment was included in the House National
Defense Authorization Act for FY 2017 as Section 3512, but
was removed in the House-Senate conference following the
numerous objections raised by the U.S. Coast Guard and the
U.S. Department of Labor.
None of these concerns have been considered in hearings
within the respective committees of jurisdiction for USCG or
DOL, and deserve careful consideration before being brought
to a vote.
I thank you for your consideration of this request.
Sincerely,
Robert C. Bobby Scott,
Ranking Member.
Encl: U.S. Coast Guard Views on Amendment to the National
Defense Authorization Act (this set of views applied to the
identical language included in Amendment 302 that was adopted
in Section 3512 the FY 2017 National Defense Authorization
Act).

Coast Guard Views on Sec. 3512 of H.R. 4909, the NDAA for FY17

The Coast Guard would oppose the previously referenced
amendment to 46 U.S.C. Sec. 4301. As a general matter, it
seems like this proposed amendment is out of place. Sec. 803
of the American Investment and Recovery Act amended sec.
2(3)(F) of the Longshore and Harbor Workers' Compensation Act
(33 U.S.C. Sec. 902(3)(F)), a statutory regime squarely
within the purview of the Department of Labor (DOL). Indeed,
in 2011, it was DOL--not the Coast Guard--that promulgated
the rule in question that, according to industry background
documentation, would appear to be the root cause of this
issue. Thus, any changes to address this issue should be more
properly directed either to the Longshore and Harbor Workers'
Compensation Act or to DOL and its implementing regulations.
Aside from the amendment's misplaced statutory location,
the proposed amendment contains numerous drafting issues. For
example, the proposed amendment contains no limitation of the
``dismantling'' language to those activities ``in connection
with the repair of such vessel.'' Irrespective of the
drafting issues, the proposed amendment would not provide any
immediate relief as the draft language contains terms
undefined by statute that prevent it from being self-
executing. Finally, if adopted, the amendment would likely
create a wholly unnecessary bifurcated regulatory scheme
between the DOL regulations under 20 C.F.R.
Sec. Sec. 701.501-701.505 and additional regulations
promulgated by the Coast Guard.
The proposed change to the definition of a ``recreational
vessel'' to include ``any vessel, including a foreign vessel,
being repaired or dismantled [. . .] during such repair or
dismantling if the vessel (1) shares elements of

[[Page H5838]]

design and construction of traditional recreational vessels
(as so defined); and (2) when operating is not normally
engaged in a military, commercial, or traditionally
commercial undertaking'' has significant impacts on Coast
Guard regulatory and enforcement authorities.
The change in the definition would expand the current
exclusion for ``recreational vessels'' from the U.S.
implementing legislation for the International Convention on
the Control of Harmful Anti-Fouling Systems on Ships.
Specifically, civil penalties for owners of ``recreational
vessels'' are statutorily limited to $5,000 as compared to
the $37,500 maximum penalty for all other vessel owners.
The change in the definition could be construed to allow a
foreign vessel owner to exempt itself from tonnage taxes
required under 46 U.S.C. Sec. 60301, by claiming that its
vessel is ``being repaired'' and thereby a recreational
vessel exempted from tonnage taxes.
The change in the definition could also be construed to
allow foreign flagged vessels to avoid the requirements to
maintain a safety management system onboard under 46 U.S.C.
Sec. 3201, et seq. by claiming that its vessel is ``being
repaired'' and thereby a recreational vessel exempted from
Safety Management Requirements under the International Safety
Management Code.
In addition to these statutory impacts, there are numerous
Coast Guard regulations not related to Longshoreman and
Harbor Workers' Compensation Act authorities that would be
impacted by the change. These include:
33 C.F.R. Sec. 95.001
33 C.F.R. Sec. 151.51
46 C.F.R. Sec. 2.01-7
46 C.F.R. Sec. 4.03-50
46 C.F.R. Sec. 67.11
46 C.F.R. Sec. 136.105
This list is by no means exhaustive. Given the time for
review, the Coast Guard has not been able to conduct a
comprehensive review of statutory and regulatory impacts that
would be implicated by this change. Furthermore, as drafted,
this change would require the Coast Guard to reallocate a
substantial amount of financial and personnel resources to
ensure that its regulations were in alignment with the
revised definition. Such an undertaking is wholly
incompatible with the current fiscal climate.

Mr. SCOTT of Virginia. Mr. Chairman, I urge a ``no'' vote on this
amendment.
Mr. COURTNEY. Mr. Chair, I yield back the balance of my time.

{time} 0915

Mr. BYRNE. Mr. Chairman, we have heard nothing from the Coast Guard
this year in opposition to this amendment. In years past, I think the
gentleman is correct, we have heard from them, but this year we have
heard no opposition. In fact, a recreational vessel being repaired is
the same as a recreational vessel being manufactured to use as a public
vessel and should be treated the same in law.
The Coast Guard already strictly enforces the existing laws and
regulations that determine whether a vessel is recreational and
enforces the law against those who would unlawfully use recreational
vessels for commercial purposes. So I would suggest to the gentleman
that this is not something the Coast Guard opposes.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alabama (Mr. Byrne).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. COURTNEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Alabama will
be postponed.

Amendment No. 18 Offered by Mr. Hunter

The Acting CHAIR. It is now in order to consider amendment No. 18
printed in House Report 115-217.
Mr. HUNTER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of title XXXV add the following:

SEC. __. RECOURSE FOR NON-U.S. SEAMEN.

Section 57103 of title 46, United States Code, is amended
by adding at the end the following:
``(g) Restriction.--(1) Notwithstanding section 30104, a
claim for damages or expenses relating to personal injury,
illness, or death of a seaman who is a citizen of a foreign
nation, arising during or from the engagement of the seaman
by or for a passenger vessel duly registered under the laws
of a foreign nation or a vessel identified as obsolete under
subsection (a) or acquired under chapter 563, may not be
brought under the laws of the United States if--
``(A) such seaman was not a legal permanent resident of the
United States at the time the claim arose;
``(B) the injury, illness, or death arose outside the
territorial waters of the United States; and
``(C) the seaman or the seaman's personal representative
has or had a right to seek compensation for the injury,
illness, or death in, or under the laws of--
``(i) the nation in which the vessel was registered at the
time the claim arose; or
``(ii) the nation in which the seaman maintained
citizenship or residency at the time the claim arose.
``(2) Compensation defined.--As used in paragraph (1), the
term `compensation' means--
``(A) a statutory workers' compensation remedy that
complies with Standard A4.2 of Regulation 4.2 of the Maritime
Labour Convention, 2006; or
``(B) in the absence of the remedy described in paragraph
(1), a legal remedy that complies with Standard A4.2 of
Regulation 4.2 of the Maritime Labour Convention, 2006, that
permits recovery for lost wages, pain and suffering, and
future medical expenses.''.

The Acting CHAIR. Pursuant to House Resolution 440, the gentleman
from California (Mr. Hunter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. HUNTER. Mr. Chairman, this important amendment would help
safeguard U.S. courts against crowding of court dockets by foreign
maritime crewmembers. It simply clarifies where the claim must be
brought when the case has no meaningful connection to the United
States.
Specifically, the amendment limits the ability of foreign crewmembers
working on foreign ships in foreign waters to sue in U.S. courts when a
remedy is available in their home countries or the country of the ship
on which they served. If no such remedy is available abroad, the
amendment would allow those crewmembers to file suit in the United
States, assuming they could meet the same burden needed to file any
other suit.
To be clear, again, this amendment in no way restricts a foreign
crewmember's access to judicial relief if they are injured or suffer
some other damage as a result of working on a foreign vessel. It simply
says that they need to seek relief in their home country or the home
country of the vessel on which they served before seeking relief in
U.S. courts.
Mr. Chairman, I reserve the balance of my time.
Mr. NADLER. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. NADLER. Mr. Chairman, I rise in opposition to this pernicious
antilabor amendment that would do nothing but make it easier for U.S.-
owned but foreign-flagged cruise ship operators to exploit and abuse
the seafarers they employ.
The right for seafarers to seek maintenance and cure for injuries,
illness, and damages at sea has been a part of U.S. maritime law for as
long as U.S. ships have flown the flag on the high seas.
The effect of this amendment is clear: it would restrict foreign
seafarers employed on foreign-flagged cruise ships from filing claims
for damages or expenses related to personal injury, illness, or even
death, in a U.S. court.
This provision is completely contrary to a general maritime law
principle that has been around since at least the 12th century, a
principle that has remained applicable because of the international
nature of shipping and the plain fact that, even today, ship operators
maintain considerable leverage over individual seafarers.
This provision also violates an international convention that the
U.S. has ratified. Under the Shipowners' Liability Convention, national
laws or regulations have to be interpreted and enforced to ensure
equality of treatment to all seafarers, irrespective of nationality,
domicile, or race. This amendment would shred that international
obligation.
It is also contrary to the principles and terms defining seafarers'
rights under the International Maritime Labor Convention.
It is also worth mentioning that the amendment before us may be
unnecessary because, in many cases, seafarer contracts contain binding
arbitration clauses.
In any event, it makes no sense to deny access to U.S. courts for
foreign

[[Page H5839]]

seafarers seeking compassion for maintenance and cure claims. The
cruise lines can easily avoid frivolous lawsuits. All they need do is
honor their longstanding customary responsibility to pay for the care
and recovery of the seafarers they employ when they are ill or injured.
In closing, no one has provided any evidence--much less, compelling
evidence--to justify the reversal of longstanding seafarer protections.
In the absence of evidence, the House should reject this unwarranted
amendment.
This vote is purely to injure seafarers, purely to disobey maritime
conventions to which we are a party, purely to disobey laws of the sea
from the 12th century that we have obeyed since we obtained our
independence from England, for no purpose other than to help often
American-owned--not always--but foreign-flagged cruise ship lines.
There is no purpose for this amendment. The House should reject this
amendment as it has in the past.
Mr. Chairman, I urge a ``no'' vote, and I reserve the balance of my
time.
Mr. HUNTER. Mr. Chairman, I yield 1 minute to the gentlewoman from
Florida (Ms. Wilson).
Ms. WILSON of Florida. Mr. Chairman, today, I join with my colleague
and friend, Representative Duncan Hunter, in offering an amendment to
the maritime administration title in the NDAA.
The cruise industry, which is a vital source of economic opportunity
for my constituents, has come to me with concerns about lawsuits it
says are clogging U.S. courts and making it more difficult to conduct
business and create opportunities in my district and elsewhere.
I take these concerns seriously and want to help address them, but I
also want to make sure that they are protecting workers and that we
don't shut off opportunities for them to be fairly compensated if they
become ill or injured in the course of their employment.
The Hunter-Wilson amendment is intended to do just that. It
safeguards U.S. courts against further crowding of court dockets, while
not denying foreign crewmembers remedies.
This provision has been passed in the House five times in the past 3
years, and most recently, the Senate Commerce Committee included it in
the maritime administration title of the Defense Authorization bill for
FY 2017.
I want to thank Chairman Hunter and Chairman Shuster for their work
on this amendment.
I urge my colleagues to support the Hunter-Wilson amendment.
Mr. NADLER. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Smith).
Mr. SMITH of Washington. Mr. Chairman, I simply associate myself with
the remarks of Mr. Nadler. I think he explained the history of this law
very, very well.
It is a very basic principle. People who work on these cruise ships
should be compensated and taken care of if they are injured. There is
no reason that the cruise line industry cannot afford to do this.
To discriminate against people who happen to be from different
countries who are working on these ships makes no sense whatsoever. Our
laws apply to whoever is working on the ships and should continue to do
so. This is simply an effort to deny workers' rights from a cruise line
industry that can more than afford to take care of the people who work
there.
These are not easy jobs. I confess, I have only taken one cruise in
my life, but the people who work there work very long hours, very hard,
in very difficult conditions. If they are injured or sick, they should
be taken care of. As Mr. Nadler said, the best way to do that is under
the current common practice, which is the cruise line does take care of
them and makes sure they get the healthcare they need until they are
able to work. But if that is not done, the right to sue in court to
protect your rights as a worker should not be taken away.
I do not believe that we have a problem in this country that workers
are being too highly compensated and have too many rights. We don't
need to take away the few that they have.
I urge opposition to this amendment.
Mr. HUNTER. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from California has 2\3/4\ minutes
remaining.
Mr. HUNTER. Mr. Chair, I yield myself the balance of my time.
This amendment limits the ability of foreign crewmembers working on
foreign ships in foreign waters to sue in U.S. courts when a remedy is
available in their home country or the country of the ship on which
they serve. That is it.
They can still sue. Trial lawyers around the world can rejoice
because these crewmembers can come back to their home countries and
they can sue and sue and sue. They just can't do it in the U.S. if it
didn't happen in U.S. waters. It is that simple.
Again, a foreign mariner operating on a foreign ship in foreign or
international waters should avail themselves of the courts in their
home country or the vessel's home country before using U.S. courts.
That is it.
Mr. Chairman, I yield back the balance of my time.
Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, it sounds nice to say they can go home to their country
from which they came, where presumably the foreign-flagged ship
operates, but that is not the case. These are often American-owned
ships or European-owned ships, and they are flagged in a country of
convenience--Liberia, Panama, or wherever--where the worker may have no
connection whatsoever, where the ship, for that matter, has no real
connection other than flying the flag of convenience, and where there
may not be a very decent court system.
That is why the practice has been, since before our independence--it
has worked well the entire history of our country--that a foreign
citizen working on a ship that calls in the United States, if denied
the maintenance and cure that the ship is supposed to take care of
someone on the high seas, then they can sue in an American court. We
have always done this. There has been no showing of hardship
whatsoever.
Yes, some rich cruise line operators would like, perhaps, to get rid
of this obligation, but that is no excuse. This is an antilabor, an
antihuman amendment. It ought to be defeated.
Mr. Chairman, I urge its defeat, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Hunter).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. NADLER. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.

Amendment No. 43 Offered by Mr. McGovern

The Acting CHAIR. It is now in order to consider amendment No. 43
printed in House Report 115-217.
Mr. McGOVERN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

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

SEC. 564. ATOMIC VETERANS SERVICE MEDAL.

(a) Service Medal Required.--The Secretary of Defense shall
design and produce a military service medal, to be known as
the ``Atomic Veterans Service Medal'', to honor retired and
former members of the Armed Forces who are radiation-exposed
veterans (as such term is defined in section 1112(c)(3) of
title 38, United States Code).
(b) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request
of a radiation-exposed veteran, the Secretary of Defense
shall issue the Atomic Veterans Service Medal to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide
for issuance of the Atomic Veterans Service Medal to the
next-of-kin of the person.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which radiation-
exposed veterans and their next-of-kin may apply to receive
the Atomic Veterans Service Medal.

The Acting CHAIR. Pursuant to House Resolution 440, the gentleman
from Massachusetts (Mr. McGovern) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. McGOVERN. Mr. Chairman, I rise in support of the McGovern-

[[Page H5840]]

Emmer amendment, which would simply create a service medal to be
awarded to atomic veterans or their surviving family members in honor
of their service and sacrifice to our Nation.
Between 1945 and 1962, about 225,000 members of our Armed Forces
participated in hundreds of nuclear weapons tests. Now known as atomic
veterans, these GIs were placed in extremely dangerous areas and were
constantly exposed to potentially dangerous levels of radiation in the
performance of their duties. They were sworn to secrecy, unable to even
talk to their doctors about their past exposure to radiation.
Thankfully, Presidents Bill Clinton and George H.W. Bush recognized
the atomic veterans' value and service and acted to provide specialized
care and compensation for their harrowing duty.
In 2007, our allies, Great Britain, New Zealand, and Australia,
enacted their versions of this amendment by authorizing a medal to
honor their atomic veterans who served with the United States.
Regrettably, the Pentagon remains silent on honoring the service of
our atomic veterans, arguing that to do so would diminish the service
of other military personnel who are tasked with dangerous missions. Mr.
Chairman, this is a pitiful excuse.
Tragically, more than 75 percent of atomic veterans have already
passed away, never having received this recognition. They served
honorably and kept a code of silence. Because of that, it most
certainly led to many of these veterans passing away prematurely.
Past administrations and Congresses have dealt with the thornier
issues of legality in compensation. What remains is recognizing these
veterans' duty, honor, and faithful service to our Nation. Time is
running out. That is what this amendment seeks to do.
I call upon my House colleagues to support this amendment that I,
along with my colleague from Minnesota (Mr. Emmer), have introduced. We
owe it to our veterans to recognize their selfless service to our
Nation.
Mr. Chairman, I yield 2 minutes to the gentleman from Minnesota (Mr.
Emmer).
Mr. EMMER. Mr. Chairman, I thank my colleague from Massachusetts (Mr.
McGovern) for yielding. I appreciate the opportunity to work with him
on this issue.
During my time in Congress, I have been privileged to meet with many
of our Nation's veterans. The men and women in our Armed Forces are
true heroes and truly the best our Nation has to offer. Yet far too
often, they do not get the recognition and credit they deserve. This is
especially true when it comes to our Nation's atomic veterans.
From 1945 to 1962, nearly a quarter of a million of our
servicemembers played a role in the testing of nuclear weapons, earning
them the title, ``atomic veterans.''

{time} 0930

Since 1990, our Federal Government has taken different approaches to
try and recognize and thank our atomic veterans, but we have never
given official recognition through an award or medal. Today, that will
change with the support of the men and women in this Chamber.
With the McGovern-Emmer amendment, we have an opportunity to finally
acknowledge the incredible sacrifice these courageous individuals made
more than half a century ago. Our amendment will require the Department
of Defense to issue a service medal to the veterans or surviving
families of those members of our Armed Forces who participated in
aboveground nuclear weapons testing, were part of the U.S. military
occupation forces in or around Hiroshima and Nagasaki before 1946, or
were held as POWs in or near Hiroshima or Nagasaki.
This amendment has been included in the House NDAA bill for the past
2 years and is supported by the National Association of Atomic
Veterans. These veterans left their homes, left their families, and put
their lives on the line to protect the freedoms and liberties we enjoy
each and every day.
I am honored to work with Mr. McGovern and our colleagues here in the
House to ensure these brave soldiers get the recognition they deserve.
Again, I want to thank Congressman McGovern for his efforts on this
issue as well as to thank Chairman Thornberry, Ranking Member Smith,
and the entire staff of the House Armed Services Committee for their
work on the underlying bill, and I urge adoption of this amendment.
Mr. THORNBERRY. Mr. Chairman, I ask unanimous consent to claim the
time in opposition, even though I am not opposed to the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Texas?
There was no objection.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Chairman, I support this amendment. I have
supported it in the past. And as Mr. Emmer just mentioned, the House
has supported it in the past in each of the last 2 years.
I admire the persistence of the gentleman from Massachusetts in
pursuing this issue. I think it is the right thing to do.
Unfortunately, we have not yet been able to convince our colleagues
across the Capitol or the Pentagon to do this. I know of no opposition
to the amendment.
I think the House should continue to support it, and I reserve the
balance of my time.
Mr. McGOVERN. Mr. Chairman, I thank Mr. Emmer for his support, and I
want to thank Chairman Thornberry and Ranking Member Smith for their
support in the past.
As the chairman of the Armed Services Committee has stated, the House
has, by voice vote, approved this twice before in the NDAA bills.
Unfortunately, the Senate has chosen to not respect the wishes of the
House, so I think it is important that we show a strong bipartisan vote
on this. So I will ask for a recorded vote because I think it is
important to send a signal to the Senate that we are serious about this
and we are serious about honoring our Atomic Veterans.
Mr. Chair, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. McGovern).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. McGOVERN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.

Amendments En Bloc No. 3 Offered by Mr. Thornberry of Texas

Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 440, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 16, 49, 54, 55,
56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, and 71
printed in House Report 115-217, offered by Mr. Thornberry of Texas:

Amendment No. 16 offered by Mr. DesJarlais of Tennessee

At the end of subtitle B of title XXXI, add the following
new section:

SEC. 3124. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE
NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Annual Reports.--Not later than 10 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,
the Administrator for Nuclear Security shall submit to the
Secretary of Energy and the congressional defense committees
a report on the unfunded priorities of the National Nuclear
Security Administration.
(b) Elements.--
(1) In general.--Each report under subsection (a) shall
specify, for each unfunded priority covered by such report,
the following:
(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
(C) Account information with respect to such priority.
(2) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report in
order of urgency of priority.
(c) Unfunded Priority Defined.--In this section, the term
``unfunded priority'', in the case of a fiscal year, means a
program, activity, or mission requirement that--
(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31;

[[Page H5841]]

(2) is necessary to fulfill a requirement associated with
the National Nuclear Security Administration; and
(3) would have been recommended for funding through the
budget referred to in paragraph (1) by the Administrator in
connection with the budget if--
(A) additional resources had been available for the budget
to fund the program, activity, or mission requirement; or
(B) the program, activity, or mission requirement has
emerged since the budget was formulated.

Amendment No. 49 Offered by Ms. Plaskett of the Virgin Islands

Page 185, after line 19, insert the following new section:

SEC. 605. APPLICATION OF BASIC ALLOWANCE FOR HOUSING TO
MEMBERS OF THE UNIFORMED SERVICES IN THE VIRGIN
ISLANDS.

(a) In General.--Section 403(b) of title 37, United States
Code, is amended--
(1) in the heading, by inserting ``and the Virgin Islands''
after ``the United States'';
(2) in paragraph (1), by inserting ``and the Virgin
Islands'' after ``the United States''; and
(3) in paragraphs (2), (3)(A), and (6), by inserting ``or
the Virgin Islands'' after ``the United States'' each place
it appears.
(b) Conforming Amendments.--Section 403(c) of title 37,
United States Code, is amended--
(1) in the heading, by inserting ``or the Virgin Islands''
after ``the United States''; and
(2) in paragraphs (1), (2), (3)(A)(i), and (3)(B), by
inserting ``or the Virgin Islands'' after ``the United
States'' each place it appears.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to payments under section 403 of title 37,
United States Code, beginning on January 1, 2018.

Amendment No. 54 Offered by Mr. Bera of California

The amendment as modified is as follows:
Insert after section 724, the following:

SEC. 725. REPORT.

For each of the fiscal years 2018 through 2021, the
Secretary of Defense shall submit to Congress a report on the
Department of Defense's--
(1) activities and programs with respect to infectious
disease;
(2) priority areas with respect to infectious disease; and
(3) current policy and planning documents with respect to
infectious disease.

Amendment No. 55 Offered by Ms. Kuster of New Hampshire

At the end of subtitle C of title VII, add the following
new section:

SEC. 7__. PROVISION OF SUPPORT BY DEPARTMENT OF DEFENSE TO
DEPARTMENT OF VETERANS AFFAIRS REGARDING
ELECTRONIC HEALTH RECORD SYSTEM.

(a) Support.--The Secretary of Defense may support the
Secretary of Veterans Affairs, to the extent the Secretaries
jointly consider feasible and advisable, in the development
and implementation of an electronic health record system
that--
(1) is derivative of the Military Health System Genesis
record currently being developed and implemented by the
Secretary of Defense; and
(2) achieves complete interoperability with the Military
Health System Genesis.
(b) Annual Review.--The Secretary of Defense and the
Secretary Veterans Affairs shall jointly conduct an annual
review of the efforts undertaken by the Secretaries to
achieve complete interoperability between the electronic
health record of the Department of Veterans Affairs and the
Military Health System Genesis.
(c) Annual Report.--
(1) Reports.--Not later than 60 days after completing each
annual review under subsection (b), the Secretary of Defense
and the Secretary of Veterans Affairs shall jointly submit to
the Committees on Armed Services and the Committees on
Veterans' Affairs of the Senate and the House of
Representatives a report on the review.
(2) Elements.--Each report under paragraph (1) shall
include an assessment of the following:
(A) Milestones reached as part of the schedule of
development and acquisition as developed by the Department of
Defense and the Department of Veterans Affairs.
(B) Costs associated with development and implementation.
(C) Actions, if any, of the Secretary of Defense in
supporting the Secretary of Veterans Affairs pursuant to
subsection (a) with respect to the development and
implementation of an electronic health record system and in
achieving complete interoperability with the Military Health
System Genesis.
(D) Status of the adoption of the national standards and
architectural requirements identified by the Interagency
Program Office of the Departments and in collaboration with
the Office of the National Coordinator for Health Information
Technology of the Department of Health and Human Services.
(d) Termination.--The requirements under subsection (b) and
(c) shall terminate on the date on which the Secretary of
Defense and the Secretary of Veterans Affairs jointly certify
to the Committees on Armed Services and the Committees on
Veterans' Affairs of the Senate and the House of
Representatives that the electronic health records of both
the Department of Defense and the Department of Veterans
Affairs are completely interoperable.
(e) Interoperability Defined.--In this section, the term
``interoperability'' refers to the ability of different
electronic health records systems or software to meaningfully
exchange information in real time and provide useful results
to one or more systems.

Amendment No. 56 Offered by Ms. Jackson Lee of Texas

At the end of subtitle C of title VII, add the following
new section:C

SEC. 7__. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE
NEGATIVE BREAST CANCER.

The Office of Health of the Department of Defense shall
work in collaboration with the National Institutes of Health
to--
(1) identify specific genetic and molecular targets and
biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug
discovery, and clinical trials design that will enable both--
(A) triple negative breast cancer patients to be identified
earlier in the progression of their disease; and
(B) the development of multiple targeted therapies for the
disease.

Amendment No. 57 Offered by Mr. Soto of Florida

At the end of subtitle C of title VII, add the following
new section:

SEC. 725. ENCOURAGING TRANSITION OF MILITARY MEDICAL
PROFESSIONALS INTO EMPLOYMENT WITH VETERANS
HEALTH ADMINISTRATION.

(a) In General.--The Secretary of Defense shall establish a
program to encourage an individual who serves in the Armed
Forces with a military occupational specialty relating to the
provision of health care to seek employment with the Veterans
Health Administration when the individual has been discharged
or released from service in the Armed Forces or is
contemplating separating from such service.
(b) Rule of Construction.--Nothing in this section shall be
construed to--
(1) create any additional authority not otherwise provided
in law to convert a former member of the Armed Services to an
employee of the Veterans Health Administration; or
(2) circumvent any existing requirement relating to a
detail, reassignment, or other transfer of such a former
member to the Veterans Health Administration.

Amendment No. 58 Offered by Mr. Conaway of Texas

At the end of subtitle D of title VIII, add the following
new section:

SEC. 8__. REPEAL OF CERTAIN AUDITING REQUIREMENTS.

Section 190 of title 10, United States Code, as proposed to
be added by section 820(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2274), is amended by striking subsection (f).

Amendment No. 59 Offered by Mr. Pittenger of North Carolina

At the end of subtitle D of title VIII, add the following
new section:

SEC. 870A. PROHIBITION ON CONTRACTING WITH CERTAIN
TELECOMMUNICATIONS PROVIDERS.

(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Director of
National Intelligence shall develop a list of covered
contractors, to be updated as frequently as the Director
determines appropriate, and shall make such list available to
the Secretary of Defense.
(b) Prohibition on Contracts.--The Secretary of Defense may
not enter into a contract with a covered contractor on the
list described under subsection (a).
(c) Removal From List.--To be removed from the list
described in subsection (a), a covered contractor may submit
a request to the Director in such manner as the Director
determines appropriate. Upon certification of the request,
the Director shall remove the covered contractor from the
list.
(d) Waiver.--The President may waive the requirements of
subsection (b) if the President determines that the waiver is
justified for national security reasons.
(e) Covered Contractor Defined.--The term ``covered
contractor'' means a provider of telecommunications or
telecommunications equipment that has been found by the
Director to have knowingly assisted or facilitated a cyber
attack carried out by or on behalf of the government of the
Democratic People's Republic of Korea or persons associated
with such government.
(f) Effective Date.--This section shall apply with respect
to contracts of a covered contractor entered into on or after
the date of the enactment of this Act.

Amendment No. 60 Offered by Mr. DeSantis of Florida

At the end of title VIII (page 323, after line 4), add the
following new section:

SEC. 871. ASSESSMENT AND AUTHORITY TO TERMINATE OR PROHIBIT
CONTRACTS FOR PROCUREMENT FROM CHINESE
COMPANIES PROVIDING SUPPORT TO THE DEMOCRATIC
PEOPLE'S REPUBLIC OF KOREA.

(a) Assessment Required.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, the Secretary of the Treasury,
and the Director of National Intelligence, shall conduct an

[[Page H5842]]

assessment of trade between the People's Republic of China
and the Democratic People's Republic of Korea, including
elements deemed to be important to United States national
security and defense.
(2) Elements.--The assessment required by paragraph (1)
shall--
(A) assess the composition of all trade between China and
the Democratic People's Republic of Korea, including trade in
goods and services;
(B) identify whether any Chinese commercial entities that
are engaged in such trade materially support illicit
activities on the part of North Korea;
(C) evaluate the extent to which the United States
Government procures goods or services from any commercial
entity identified under subparagraph (B);
(D) provide a list of commercial entities identified under
subparagraph (B) that provide defense goods or services for
the Department of Defense; and
(E) evaluate the ramifications to United States national
security, including any impacts to the defense industrial
base, Department of Defense acquisition programs, and
Department of Defense logistics or supply chains, of
prohibiting procurements from commercial entities listed
under subparagraph (D).
(3) 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 on the assessment required by paragraph
(1). The report shall be submitted in unclassified form, but
may contain a classified annex.
(b) Authority.--The Secretary of Defense may terminate
existing contracts or prohibit the award of contracts for the
procurement of goods or services for the Department of
Defense from a Chinese commercial entity listed under
subsection (a)(2)(D) based on a determination informed by the
assessment required under subsection (a).
(c) Notification.--The Secretary of Defense shall submit to
the appropriate committees of Congress a notification of, and
detailed justification for, any exercise of the authority in
subsection (b) not less than 30 days before the date on which
the authority is exercised.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.

Amendment No. 61 Offered by Ms. Velazquez of New York

At the end of subtitle C of title VIII, add the following
new section:

SEC. 860A. EXEMPTION OF CERTAIN CONTRACTS FROM INFLATION
ADJUSTMENTS.

Subparagraph (B) of section 1908(b)(2) of title 41, United
States Code, is amended by inserting ``3131 to 3134,'' after
``sections''.

Amendment No. 62 Offered by Mrs. Murphy of Florida

At the end of subtitle C of title VIII, insert the
following:

SEC. 8__. INCLUSION OF SBIR AND STTR PROGRAMS IN TECHNICAL
ASSISTANCE.

Subsection (c) of section 2418 of title 10, United States
Code, is amended--
(1) by striking ``issued under'' and inserting the
following: ``issued--
``(1) under'';
(2) by striking ``and on'' and inserting ``, and on'';
(3) by striking ``requirements.'' and inserting
``requirements; and''; and
(4) by adding at the end the following new paragraph:
``(2) under section 9 of the Small Business Act (15 U.S.C.
638), and on compliance with those requirements.''.

Amendment No. 63 Offered by Mr. Fitzpatrick of Pennsylvania

Page 345, after line 13, insert the following new section:

SEC. 924. COMPLETION OF DEPARTMENT OF DEFENSE DIRECTIVE
2310.07E REGARDING MISSING PERSONS.

(a) In General.--The Secretary of Defense shall make the
completion of Department of Defense Directive 2310.07E a top
priority in order to improve the efficiency of locating
missing persons.
(b) Definition.--In this section, the term ``missing
person'' has the meaning given such term in section 1513 of
title 10, United States Code.

Amendment No. 64 Offered by Mr. Soto of Florida

At the end of subtitle C of title IX, insert the following:

SEC. 9__. RESPONSIBILITY FOR DEVELOPMENTAL TEST AND
EVALUATION WITHIN THE OFFICE OF THE SECRETARY
OF DEFENSE.

(a) Briefing on Plans to Address Developmental Test and
Evaluation Responsibilities Within the Office of the
Secretary of Defense.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committee on Armed Services of the
House of Representatives on a strategy to ensure that there
is sufficient expertise, oversight, and policy direction on
developmental test and evaluation within the Office of the
Secretary of Defense after the completion of the
reorganization of such Office required under section 901 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2339).
(2) Elements.--The briefing required by paragraph (1) shall
address the following:
(A) The structure of the roles and responsibilities of the
senior Department of Defense official responsible for
developmental test and evaluation.
(B) The location of the senior Department of Defense
official responsible for developmental test and evaluation
within the organizational structure of the Office of the
Secretary of Defense.
(C) An estimate of personnel and other resources that
should be made available to the senior Department of Defense
official responsible for developmental test and evaluation to
ensure that such official can provide independent expertise,
oversight, and policy direction and guidance Department of
Defense-wide.
(D) Methods to ensure that the senior Department of Defense
official responsible for developmental test and evaluation
will be empowered to facilitate Department of Defense-wide
efficiencies by helping programs to optimize test designs.
(E) Methods to ensure that an advocate for test and
evaluation workforce will continue to exist within the
acquisition workforce.
(b) Sense of Congress.--It is the sense of Congress that--
(1) developmental testing is critical to reducing
acquisition program risk by providing valuable information to
support sound decision making;
(2) major defense acquisition programs often do not conduct
enough developmental testing, so too many problems are first
identified during operational testing, when they are
expensive and time-consuming to fix; and
(3) in order to ensure that effective developmental testing
is conducted on major defense acquisition programs, the
Secretary should--
(A) carefully consider where the senior Department of
Defense official responsible for developmental test and
evaluation is located within the organizational structure of
the Office of the Secretary of Defense; and
(B) ensure that such official has sufficient authority and
resources to provide oversight and policy direction on
developmental test and evaluation Department of Defense-wide.

Amendment No. 65 Offered by Mr. Schiff of California

Page 359, after line 4, insert the following:

SEC. 1026. SENSE OF CONGRESS REGARDING PROVIDING FOR TIMELY
VICTIM AND FAMILY TESTIMONY IN MILITARY
COMMISSION TRIALS.

It is the sense of Congress that in the interests of
justice, efficiency, and providing closure to victims of
terrorism and their families, military judges overseeing
military commissions in United States Naval Station,
Guantanamo Bay, Cuba, should consider making arrangements to
take recorded testimony from victims and their families
should they wish to provide testimony before such a
commission.

Amendment No. 66 Offered by Mr. Schiff of California

Page 359, after line 4, insert the following:

SEC. 1026. AUTHORITY TO USE VIDEO TELECONFERENCING TECHNOLOGY
IN MILITARY COMMISSION PROCEDURES.

Section 949d of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) Use of Video Teleconferencing.--The military judge
may provide for the participation of the accused, defense
counsel, trial counsel, and any other participants by video
teleconferencing for any matter for which the military judge
may call the military commission into session. Any party who
participates through the use of video teleconferencing shall
be considered as present for purposes of subsection
(a)(2).''.

Amendment No. 67 Offered by Mr. Schiff of California

Page 359, after line 4, insert the following:

SEC. 1026. PUBLIC AVAILABILITY OF MILITARY COMMISSION
PROCEEDINGS.

Section 949d(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) In the case of any proceeding of a military
commission under this chapter that is made open to the
public, the military judge may order arrangements for the
availability of the proceeding to be watched remotely by the
public through the internet.''.

Amendment No. 68 Offered by Mr. Kildee of Michigan

Page 469, after line 17, add the following new paragraphs:
(6) The projected casualties and costs associated with the
deployment of members of the Armed Forces to Afghanistan.
(7) The objectives of deployment of members of the Armed
Forces to Afghanistan, including a time line to achieve such
objectives as determined by the Secretary of Defense.

Amendment No. 69 Offered by Mr. Delaney of Maryland

Page 375, after line 8, insert the following:

SEC. 1040. LIMITATION ON USE OF FUNDS TO CLOSE BIOSAFETY
LEVEL 4 LABORATORIES.

(a) Limitation.--None of the funds authorized to be
appropriated in this Act may be used to support the closure
or transfer of a biosafety level 4 laboratory until the heads

[[Page H5843]]

of the Federal agencies that use the laboratory jointly
certify to the covered congressional committees that the
closure or transfer of the lab would not have a negative
effect on biological defense capabilities and would not
result in a lapse of biological defense capabilities.
(b) Covered Congressional Committees.--In this section, the
term ``covered congressional committees'' means--
(1) the Committees on Armed Services of the Senate and
House of Representatives;
(2) the Committees on the Judiciary of the Senate and House
of Representatives;
(3) the Permanent Select Committee on Intelligence of the
House of Representatives;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Homeland Security of the House of
Representatives;
(6) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(7) the Committee on Oversight and Government Reform of the
House of Representatives; and
(8) the Committees on Appropriations of the Senate and
House of Representatives.

Amendment No. 70 Offered by Mrs. Comstock of Virginia

Page 378, strike lines 19 through 23.
Page 396, after line 4, insert the following:
(5) STARBASE program report.--By inserting after paragraph
(64), as added by paragraph (4), the following new paragraph:
``(65) Section 2193b(g).''.

Amendment No. 71 Offered by Mr. Carbajal of California

Page 383, lines 2 through 8, strike subsection (b) of
section 1051.
Page 396, after line 11, insert the following:
(y) Preservation of National Guard Youth Challenge
Report.--Effective as of December 23, 2016, and as if
included therein as enacted, section 1061(i) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328) is amended by adding at the end the following new
paragraph:
``(34) Section 509(k) of title 32, United States Code.''.
Page 396, line 12, strike ``(y)'' and insert ``(z)''.14JY8.
Page 396, line 13, strike ``subsections (w) and (x)'' and
insert ``subsections (w), (x), and (y)''.

The Acting CHAIR. Pursuant to House Resolution 440, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chair, I yield 2 minutes to the gentleman from
Virginia (Mr. Wittman).
Mr. WITTMAN. Mr. Chair, I thank the distinguished gentleman for
yielding, and I now look forward to entering into a discussion with Mr.
Poliquin for the purpose of a colloquy.
Mr. POLIQUIN. Will the gentleman yield?
Mr. WITTMAN. I yield to the gentleman from Maine.
Mr. POLIQUIN. Mr. Chair, I appreciate the leadership of the Armed
Services Committee in the Seapower Subcommittee on both sides of the
aisle to accept this amendment and its important modifications to the
underlying bill provision limiting the availability of funds for prior
fiscal year DDG-51 Arleigh Burke class destroyers.
My revised amendment, Mr. Chair, is agreed to by the committee and,
importantly, removes the additional, or third, fiscal year 2016 DDG-51
ship from the provision's proposed requirements.
Additionally, sir, and again, as agreed to by the committee, it
states the sense of Congress that the Navy should bear the majority of
the share-line risk for the fiscal year 2017 DDG-51 Flight III
destroyer contract, which will represent the first ships to integrate
the Air and Missile Defense Radar, which is 30 times more effective and
better than the legacy radar system.
Mr. WITTMAN. Mr. Chair, reclaiming my time, I thank the gentleman
from Maine for working with the committee to improve the provision,
while maintaining progress towards strengthening our fleet in the
critical ballistic missile defense mission and capability. Your
amendment helps us do just that, while ensuring that we maintain the
health and critical skill workforces at our two proven vital destroyer
shipbuilders, including Bath Iron Works in Maine.
Mr. POLIQUIN. Will the gentleman yield?
Mr. WITTMAN. I yield to the gentleman from Maine.
Mr. POLIQUIN. Mr. Chair, I thank Chairman Thornberry and Chairman
Wittman for their support on my important amendment. Bath Iron Works is
a critical national security asset to our country. It is a source of
great pride for all Mainers, and the shipyard employs some 6,000 of our
most talented, hardworking citizens who care greatly about their
contributions every day to keeping America safe and keeping America
strong.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentlewoman from Florida (Mrs. Murphy), a member of the Armed Services
Committee.
Mrs. MURPHY of Florida. Mr. Chair, I thank my colleagues for
including my amendment in this en bloc package.
My amendment will authorize Procurement Technical Assistance Centers
to assist small business owners in pursuing funding opportunities
during all phases of the SBIR and STTR programs.
These Federal programs enable small businesses to perform research
and development that advances the national interests and has the
potential for commercialization.
My central Florida district is primed to benefit from these programs
since it is home to a large and growing number of small firms that
harness the power of technology, produce innovative products for
customers in the public and private sector, and, in the process, create
well-paying jobs and generate broad-based economic growth.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the gentleman from
North Carolina (Mr. Pittenger).
Mr. PITTENGER. Mr. Chairman, I would like to also thank Chairman
Thornberry and Chairman Sessions for making my amendment in order and
allowing floor consideration.
Mr. Chairman, my amendment is simple. It prohibits telecommunications
companies that provide material support for North Korea cyber attacks
from contracting with our Defense Department.
While my amendment is simple in nature, it strikes at the heart of
what I believe to be the cornerstone of North Korea policy.
For far too long, China has enabled the North Korean Government to
pursue nuclear development, global provocation, and egregious human
rights violations. The Chinese Government is simply not a good faith
partner on the issue of North Korea.
For example, there have been multiple public reports indicating that
China's largest government-affiliated telecommunications firm, Huawei,
has been subpoenaed by the Commerce Department as part of an ongoing
investigation into whether it broke our export control laws by
conducting business with North Korea.
Additionally, earlier this year, a similar Chinese Government-
affiliated firm, ZTE, was hit with a record-breaking billion-dollar
fine in connection with comparable North Korea-related export
violations.
Mr. Chairman, my amendment is one of many steps that our Congress
needs to take to demonstrate to China we will no longer tolerate its
alliance and partnership with North Korea.
I urge my colleagues to support my amendment.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Wisconsin (Ms. Moore).
Ms. MOORE. Mr. Chairman, I appreciate the majority for including my
amendment in this bloc.
My amendment is straightforward, Mr. Chairman. It recognizes that any
U.S. strategy for Syria must acknowledge and respond to the tremendous
suffering of civilians, including the millions who have been forced
from their homes, who face starvation, cholera, a lack of access to
adequate healthcare and education, not as an afterthought, but as an
active imperative.
The Trump administration has already used the suffering created by
the use of chemical weapons as a reason for expanding U.S. involvement
in Syria and to launch attacks against the Syrian Government. My
amendment would ask the administration for a description of the legal
authority relied upon or needed for the use of U.S. military force in
Syria, information which is even more critical now, given the recent
attacks by U.S. forces against the Syrian Government and reports that
we may continue to send more troops into Syria.

It is foolhardy and unwise for us to think that the suffering being
imposed upon innocent civilians in Syria should not be a consideration
in any U.S. response or strategy outlining how military forces or aid
will be used there. The humanitarian crisis spawned by

[[Page H5844]]

conflict directly impacts our national security efforts. We ignore it
at our own peril.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Roskam).
Mr. ROSKAM. Mr. Chairman, I thank Chairman Thornberry, and I rise
today in strong support of the Lamborn amendment requiring a report on
Iran's use of commercial aircraft to support terrorist groups in rogue
regimes around the Middle East.
The Lamborn amendment delivers a simple message to Iran, to Assad,
and all companies considering selling aircraft to the world's leading
state sponsor of terrorism, and that is: Congress is watching.
Congress is watching midnight flights take off from military bases in
Iran and land in war-torn Damascus carrying terrorists, guns, and
explosives, which will only be used to shed more innocent blood in the
Syrian civil war.
Congress is watching as Boeing and Airbus shake hands and cut deals
with former leaders of Iran's National Revolutionary Guard Corps like
Hossein Alaei, CEO of Aseman Airlines, who has called to destroy U.S.
naval ships sailing in international waters.
Congress is watching as iconic American and European companies are
choosing to fuel Iran's terror campaign around the world.
Mr. Chair, Congress is watching, and Congress will act to ensure that
Western companies do not become complicit in the Syrian massacre.
Please support the Lamborn amendment.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from the Virgin Islands (Ms. Plaskett).
Ms. PLASKETT. Mr. Chair, I want to thank the chairman and ranking
member for agreeing to include my amendment en bloc in the NDAA.
The amendment that we have is a transitioning of the Virgin Islands
Active Guard and Reserve from overseas housing allowance to basic
allowance for housing.
We know that, in 2013, the Office of the Under Secretary of Defense
for Personnel and Readiness reported that a change would be feasible
and would not be difficult to allow Virgin Islands Active Guard and
Reserve members to be part of the basic housing allowance.
Congress didn't intend inequitable and unfair treatment to the Virgin
Islands Active Guard and Reserve members, and this amendment provides
an equitable solution to the disparate treatment of the housing
allowance for Virgin Islands Active Guard and Reserve members.
We are grateful for the support and are thankful that our
servicemembers will now, in their housing, be treated the same as those
in the 50 States and the District of Columbia.
Mr. THORNBERRY. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Georgia (Mr. Jody B. Hice).
Mr. JODY B. HICE of Georgia. Mr. Chairman, I rise in support of the
amendments offered by the gentleman from Florida (Mr. DeSantis) and the
gentleman from North Carolina (Mr. Pittenger).
As we all know, North Korea has targeted the United States with cyber
attacks, and they are well on their way to being able to strike the
United States with conventional and nuclear weapons. These two
amendments would prohibit the Department of Defense from contracting
with telecom companies found to be complicit with North Korean cyber
attacks or Chinese companies found to be providing support for the
North Korean regime. There is no reason that we should be contracting
with countries that are enemies of the United States.
I also support the amendment offered by my friend from Michigan (Mr.
Bishop). Without a doubt, NATO is the greatest military alliance in the
world, but that alliance works most effectively when the members of
those various countries are pulling their weight and fulfilling their
commitments in regard to their own defense budgets. This amendment
calls on the President to encourage NATO allies to fulfill their
commitments and to recognize those who are currently doing so.
I wholeheartedly agree with these amendments, and I urge my
colleagues to do the same.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentleman from Minnesota (Mr. Nolan).

{time} 0945

Mr. NOLAN. Mr. Chairman, my first amendment simply declares that none
of the funds authorized to be appropriated in this bill can be used to
deploy members of the Armed Forces to participate in the ongoing civil
war in Yemen.
By passing this amendment, we ensure that no hero, no patriot in a
U.S. military uniform will be put in harm's way in a conflict that can
only be settled by the parties involved.
My second amendment simply cuts off funds to any so-called friendly
rebels in Iraq or Syria who make a mockery of our good intentions by
misusing American arms and resources, and, in far too many instances,
using them against us.
We have already spent trillions of dollars, lost thousands of
precious lives in these endless wars of choice in the Middle East. It
is time to put a stop to it, time to start investing in America and the
American people. So I urge the adoption of these amendments en bloc.
I would only add that the President, in his last campaign, had a
message that we need to embrace, and I think the en bloc group of
amendments takes us in that direction. He pointed out we spend $6
trillion in Iraq and Afghanistan alone. For one of those trillion, we
could have graduated every kid in America from college debt-free. For
another one of those trillion, there is your trillion dollars for
infrastructure to fix the trains that are coming off the track and the
bridges that are falling down. For another one of those trillion, we
could have found a cure for cancer or Alzheimer's or diabetes, and we
still would have had $3 trillion for deficit reduction.
I applaud this committee for all the work that they are doing and the
direction that they are taking us back to in getting us out of these
endless wars of choice and start reinvesting in America, the American
people, and the American infrastructure. That creates good jobs and the
quality of life that we embrace.
To be sure, we must have a strong national security. There are evil
people and evil forces out there that we need to protect ourselves
against, but that doesn't mean we have to get involved in every civil
war and every war of choice in the world.
Mr. THORNBERRY. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Rohrabacher).
Mr. ROHRABACHER. Mr. Chair, I rise in support of this en bloc
package. I especially want to thank the chairman for including my
amendment as part of the other very positive amendments that he has
included in this en bloc package.
My amendment would condition the allocation of certain funds to
Pakistan upon a certification from the Secretary of Defense that
Pakistan is not using its military or its funds or equipment provided
by the United States to repress minority groups, and to make sure that
they do not repress these minority groups who are seeking their own
political or religious freedom.
At a time of high budgets, we should reserve our aid for friends and
allies, and end assistance to Pakistan in particular, which does not
meet the standards of decency and freedom that the American people
believe have to be part of any decision that we make here.
Pakistan has acted as an adversary not only to the United States, but
has been aiding our enemies and repressing its own people. Let us not
forget that Pakistan harbored Osama bin Laden. This is the prime mover,
the man who organized the slaughter of 3,000 Americans.
We are fools if we continue to support a regime like that in Pakistan
today that represses its own people and is using what we give them to
actually do things that make us less safe as a people and put us in
jeopardy with the terrorists around the world.
Mr. Chair, I thank the chairman for including my amendment to the en
bloc package.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentleman from Massachusetts (Mr. Moulton), a member of the Armed
Services Committee.
Mr. MOULTON. Mr. Chair, I thank the chairman and the ranking member
for including this amendment in the en

[[Page H5845]]

bloc package, because I remain concerned about the lack of a clear plan
or strategy in Syria.
As the Syrian opposition supported by U.S. and coalition forces fight
to liberate Raqqa from ISIS control, we are confronted with the complex
and critical question of what comes next. Freeing Syrians from the
brutality of ISIS is but one part of a complex, grinding civil war that
began with the Assad regime's heinous violence against civilians and
has endured for over 6 years, with over 400,000 Syrians killed, 6
billion Syrians displaced within Syria, and over 4.5 million forced to
flee as refugees.
We now have over 500 U.S. troops deployed to Syria to advise and
assist Syrian opposition forces. However, we have yet to have a clear,
comprehensive political strategy that describes what the end goals are
for U.S. involvement and how we hope to achieve those goals.
This amendment requires just that, and follows a similar effort I led
with General and Representative John Bacon on Iraq that received
bipartisan support in the Armed Services Committee last year.
This amendment requires a comprehensive political and military
strategy for U.S. policy in Syria to be submitted by the Departments of
Defense and State to Congress and the American people within 90 days of
enactment.
We owe it to our troops, those young men and women whom we ask to
risk their lives in Syria today, to tell them what their job is, what
it entails, what the end goal is, and why it is worth the risks that
they take every single day.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the gentleman from
Colorado (Mr. Lamborn).
Mr. LAMBORN. Mr. Chair, I thank Chairman Thornberry for yielding and
for his great work leading us on the NDAA.
I would like to address two amendments that are coming up in en bloc
packages.
First of all, on Iran, my amendment to the NDAA, No. 361, requires
the President, along with various agencies, to provide the House with a
report regarding Iran's use of commercial aircraft for illicit
activities. I am doing this with Representative Roskam.
Diligent research from think tanks, such as the Foundation for
Defense of Democracies and the American Enterprise Institute, have
demonstrated the need for the intelligence community to provide
Congress with a report of their activities.
In total, Iran Air, Mahan Air, Pouya Air, Cham Wings Airlines, and
the Iranian Air Force operated at least 404 flights from Iran to Syria
since the Iran nuclear deal was adopted on July 14, 2015.
Now, this report does not block the sale of commercial aircraft to
Iran, but asks the intelligence community to take a serious look at
these sales so Congress can determine if they should continue.
The other amendment I would like to address, Mr. Chairman, is No. 364
on boost-phase missile defense. Mr. Chair, I thank Chairman Thornberry
for including this amendment, which was cosponsored by Mr. Kinzinger,
Mr. Hunter, Mr. Franks, and Mr. Wilson from South Carolina, to advance
boost-phase missile defense programs.
As you know, ballistic missiles are at their most defenseless when
they are in their boost phase, the initial phase of flight. They are at
their slowest, and they have not yet deployed decoys and
countermeasures that would make it more difficult to shoot them down in
later phases of flight.
This amendment will make Americans safer as we move towards advancing
this absolutely critical technology.
Mr. SMITH of Washington. Mr. Chairman, I have no further speakers on
this amendment, and I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, neither do I have other speakers on
this en bloc package, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.

Amendments En Bloc No. 4 Offered by Mr. Thornberry of Texas

Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 440, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 4 consisting of amendment Nos. 72, 73, 74, 75,
76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, and 91,
printed in House Report 115-217, offered by Mr. Thornberry of Texas:

Amendment No. 72 Offered by Mr. Gottheimer of New Jersey

Page 386, beginning on line 11, strike subsection (l).
Page 396, after line 11, insert the following:
(y) Annual Report on Support to Law Enforcement Agencies
Conducting Counter-terrorism Activities.--Effective as of
December 23, 2016, and as if included therein as enacted,
section 1061(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by adding at
the end the following new paragraph:
``(5) Section 1022(c).''.
Page 396, line 12, strike ``(y)'' and insert ``(z)''.
Page 396, lines 12 through 13, strike ``subsections (w) and
(x)'' and insert ``subsections (w), (x), and (y)''.

Amendment No. 73 Offered by Mr. Fitzpatrick of Pennsylvania

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

SEC. 1058. STUDY ON HEALTH EFFECTS OF EXPOSURE TO
PERFLUOROOCTANE SULFONATE AND PERFLUOROOCTANOIC
ACID FROM FIREFIGHTING FOAM USED AT MILITARY
INSTALLATIONS.

(a) Study.--The Secretary of Defense, in consultation with
the Administrator of the Agency for Toxic Substances and
Disease Registry, shall carry out a study on any health
effects experienced by individuals who are exposed to
perfluorooctane sulfonate and perfluorooctanoic acid from
firefighting foam used at military installations or former
military installations, including exposure through a well
that provides water for human consumption that the Secretary
determines is contaminated with perfluorooctane sulfonate and
perfluorooctanoic acid from such firefighting foam.
(b) Design of Study.--The Secretary shall ensure that the
study under subsection (a) meets the following criteria:
(1) The study includes a review of relevant literature.
(2) The study includes community input through community
advisory groups or focus groups.
(3) The study identifies existing research regarding health
effects relating to exposure described in subsection (a).
(4) The study includes protocols based on expertise from
epidemiologists.
(5) The study identifies and characterizes one or more
sources of water contamination and collects preliminary
information on the magnitude and distribution of such
exposure.
(6) Based on the information learned under paragraphs (1)
through (5), the study determines the specific health effects
and perfluorooctane sulfonates and perfluorooctanoic acids to
evaluate.
(7) The study includes biomonitoring from a sample of
community members, including with respect to specific
subgroups considered at risk for such exposure.
(8) The study collects data on possible biological changes
potentially associated with such exposure.
(9) The study includes detailed exposure and health
questionnaires.
(10) The study includes the review of medical records.
(11) The study analyzes data for an association between
such exposure and potential health effects.
(c) Submission.--Not later than five years after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees the study under
subsection (a). The Secretary shall make such study publicly
available pursuant to section 122a of title 10, United States
Code.

Amendment No. 74 Offered by Mr. Brendan F. Boyle of Pennsylvania

At the end of title X, add the following new section:

SEC. 10__. SENSE OF CONGRESS ON CYBERSECURITY COOPERATION
WITH UKRAINE.

(a) Findings.--Congress finds the following:
(1) There is a strong history of cyber attacks in Ukraine.
(2) The United States supports Ukraine and the European
Deterrence Initiative.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States reaffirms support for the sovereignty
and territorial integrity of Ukraine; and
(2) the United States should assist Ukraine in improving
its cybersecurity capabilities.

Amendment No. 75 Offered by Ms. Eddie Bernice Johnson of Texas

At the end of subtitle F of title X, add the following new
section:

SEC. __. APOLLO I MEMORIAL.

(a) Findings.--Congress finds the following:
(1) On January 27, 1967, NASA Astronauts Command Pilot
Virgil I. ``Gus'' Grissom, Senior Pilot Edward H. White II,
and Pilot

[[Page H5846]]

Roger B. Chaffee were killed in an electrical fire that broke
out inside the Apollo I Command Module on Launch Pad 34 at
the Kennedy Space Center in Cape Canaveral, Florida.
(2) Command Pilot Virgil Grissom was selected by NASA in
1959 as one of the original seven Mercury astronauts. He
piloted the Liberty Bell 7 spacecraft on July 21, 1963, on
the second and final Mercury suborbital test flight, served
as command pilot on the first manned Gemini flight on March
23, 1965, and was named as Command Pilot of the first Apollo
flight. He began his career in the United States Army Air
Corps and was a Lieutenant Colonel in the United States Air
Force at the time of the accident, and he is buried at
Arlington National Cemetery.
(3) Senior Pilot Edward H. White II was selected by NASA as
a member of the second astronaut team in 1962. He piloted the
Gemini-4 mission, a 4-day mission that took place in June
1965, during which he conducted the first extravehicular
activity in the United States human spaceflight program. He
was named as Command Module Pilot for the first Apollo
flight. He began his career as a cadet in United States
Military Academy at West Point and was a Lieutenant Colonel
in the United States Air Force at the time of the accident.
(4) Pilot Roger B. Chaffee was selected by NASA as part of
the third group of astronauts in 1963. He was named as the
Lunar Module Pilot for the first Apollo flight. He began his
career as a ROTC cadet before commissioning as an ensign in
the United States Navy, he was a Lieutenant Commander in the
United States Navy at the time of the accident, and he is
buried at Arlington National Cemetery.
(5) All 3 astronauts were posthumously awarded the
Congressional Space Medal of Honor.
(6) As Arlington National Cemetery is where we recognize
heroes who have passed in the service of our Nation, it is
fitting on the 50th anniversary of the Apollo I accident that
we acknowledge those astronauts by building a memorial in
their honor.
(b) Construction of Memorial to the Crew of the Apollo I
Launch Test Accident at Arlington National Cemetery.--
(1) Construction required.--The Secretary of the Army
shall, in consultation with the Administrator of the National
Aeronautics and Space Administration, construct at an
appropriate place in Arlington National Cemetery, Virginia, a
memorial marker honoring the three members of the crew of the
Apollo I crew who died during a launch rehearsal test on
January 27, 1967, in Cape Canaveral, Florida.
(2) Funding.--Of the amounts authorized to be appropriated
in section 4201 for management support, Space and Missile
Center (SMC) civilian workforce (Line 152), as specified in
the corresponding funding table in section 4201, $50,000
shall be available for the construction required under
paragraph (1) of this subsection.

Amendment No. 76 Offered by Mr. Wilson of South Carolina

Page 451, after line 6, insert the following:

SEC. 1073. NATIONAL STRATEGY FOR COUNTERING VIOLENT EXTREMIST
GROUPS.

(a) Strategy Required.--
(1) In general.--Not later than June 1, 2018, the President
shall submit to the appropriate committees of Congress a
report on a comprehensive, interagency national strategy for
countering violent extremist groups.
(2) Elements.--The comprehensive, interagency national
strategy required by paragraph (1) shall include the
following elements:
(A) Identification and prioritization of the threats,
including a description of capability and intent posed to the
United States and United States interests, from violent
extremist groups and their ideologies, by region and
affiliated group, including any state-sponsors for such
groups.
(B) Identification of the interagency tools for combating
and countering violent extremist groups, including--
(i) countering violent extremist group messaging and
ideological support;
(ii) combating terrorist group financing; intelligence
gathering and cooperation;
(iii) law enforcement activities; sanctions;
counterterrorism and counterintelligence activities;
(iv) support to civil-society groups, commercial entities,
allies and counter radicalization activities of such groups;
and
(v) support by the Armed Forces of the United States to
combat violent extremist groups.
(C) Use of, coordination with, or liaison to international
partners, non-governmental organizations, or commercial
entities that support United States policy goals in
countering violent extremist ideologies and organizations.
(D) Synchronization processes for these use of these
interagency tools against the priority threats, including the
roles and responsibilities of the Global Engagement Center,
as well as the National Security Council in coordinating the
interagency tools.
(E) Recommendations for improving coordination between
Federal Government agencies, as well as with State, local,
international, and non-governmental entities.
(F) Other matters as the President considers appropriate.
(b) Assessment.--Not later than one year after the date of
the submission of the strategy required by subsection (a),
the President shall submit to the appropriate committees of
Congress an assessment of the strategy, including--
(1) the status of implementation of the strategy;
(2) progress toward the achievement of benchmarks or
implementation of any recommendations; and
(3) any changes to the strategy since such submission.
(c) Form.--Each report required by this section shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Foreign Relations, Armed Services,
Appropriations, Homeland Security and Governmental Affairs,
and the Judiciary and the Select Committee on Intelligence of
the Senate; and
(2) the Committees on Foreign Affairs, Armed Services,
Appropriations, Homeland Security, and the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives.

Amendment No. 77 Offered by Mr. Thornberry of Texas

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

SEC. 1073. ADEQUACY OF THE REPORT ON THE VULNERABILITIES OF
THE DEFENSE INDUSTRIAL BASE.

(a) Comprehensive Report on Vulnerabilities of, and
Concentration of Purchases in, the Defense Industrial Base.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, and at least annually until September
30, 2023, before March 31, thereafter the President shall
issue to the appropriate congressional committees a
comprehensive report combining all of the elements of the
reports described in paragraph (4) and any other relevant
reports on the adequacy of, vulnerabilities of, and
concentration of purchases in the defense industrial sector.
(2) Consultation.--In preparing a report under paragraph
(1), the President shall consult with the Secretary of State,
the Secretary of the Treasury, the Secretary of Defense, the
Attorney General, the Secretary of Homeland Security, the
Director of National Intelligence, the Director of the
National Security Agency and such other cabinet officials and
heads of Federal departments and agencies? as the President
determines to be appropriate.
(3) Form of report.--Each report issued under paragraph (1)
shall be in unclassified form, but may contain a classified
annex.
(4) List of reports.--Each report issued under paragraph
(1) shall contain all relevant information and analysis from
the following reports, as well as such other relevant
information as the President determines to be appropriate:
(A) The report described under section 721(m) of the
Defense Production Act of 1950 (50 U.S.C. 4565(m)), relating
to concentrations of purchases of the defense industrial
base.
(B) The report described under section 723(a) of the
Defense Production Act of 1950 (50 U.S.C. 4568(a)), relating
to offsets in defense production.
(C) The report described under section 2504 of title 10,
United States Code, relating to annual industrial
capabilities.
(D) The ``Report on Defense Industrial Base'' described
under section 842(c) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991.
(E) The ``Study of Field Failures Involving Counterfeit
Electronic Parts'' described under section 238 of the
National Defense Authorization Act for Fiscal Year 2016.
(F) The ``Report on Alternative Capabilities to Procure and
Sustain Nonstandard Rotary Wing Aircraft Historically
Procured Through Rosoboronexport'' described under section
1249 of the National Defense Authorization Act for Fiscal
Year 2016.
(G) The report described under section 843 of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011, relating to rare earth materials critical to national
security.
(H) The ``Biennial Report on Nuclear Triad'' described
under section 1054 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011.
(I) The ``Report on Solid Rocket Motor Industrial
Base''described under section 1050 of the National Defense
Authorization Act for Fiscal Year 2008.
(J) The ``Assessment of United States Defense Industrial
Base Capabilities'' described under section 812 of the
National Defense Authorization Act for Fiscal Year 2004.
(K) The report related to ``Monitoring and Enforcement of
Mitigation Agreements Related to Foreign Investment in the
United States'' described under House Report 113-102.
(L) The additive manufacturing recommendation described in
House Report 113-446.
(M) The ``Assessment of the directed energy industrial
base'' described in House Report 114-102.
(b) Comprehensive Database of Proposed Transactions or
Purchases in the Defense Industrial Base Involving a Foreign
Person.--
(1) Establishment and maintenance of database.--
(A) In general.--The President shall establish and keep
current a database of proposed transactions that would result
in all

[[Page H5847]]

of, a substantial part of, or a controlling interest in, a U.
S. corporation, or the U. S. assets of a foreign corporation,
being owned or controlled by a foreign person, in the defense
industrial base and any manufacturing or intellectual
property related to the defense industrial base.
(B) Confidentiality of information.--Except as provided
under subparagraph (C), the President shall ensure that the
information contained in the database is kept confidential.
(C) Access to database.--The President shall--
(i) ensure that access to information in the database is
strictly controlled;
(ii) make the database available to the Secretary of State,
the Secretary of the Treasury, the Secretary of Defense, the
Attorney General, the Secretary of Homeland Security, the
Director of National Intelligence, and the National Security
Agency, with such limitations as the President may determine
appropriate;
(iii) require that records are kept each time a person
accesses information in the database; and
(iv) require that any person receiving information from the
database continues to preserve the confidentiality of the
information.
(2) Mandatory filing requirement.--
(A) In general.--With respect to any proposed transaction
described under paragraph (1)(A), the proposed purchaser and
proposed seller in such proposed transaction shall file, and
keep current, a report with the database containing a
description of the proposed transaction.
(B) Additional information for proposed transactions
involving a foreign government-controlled corporation.--If,
with respect to proposed transaction described in
subparagraph (A), any foreign person is a foreign government-
controlled corporation, the report required under
subparagraph (A) shall also disclose whether such foreign
government-controlled corporation is--
(i) a Chinese corporation;
(ii) a Russian corporation;
(iii) an Iranian corporation; or
(iv) a North Korean corporation.
(C) Civil penalty.--Any person who willfully violates a
provision of this paragraph shall be fined not more than
$100,000 per violation.
(c) Defense Industrial Base Technologies Controlled.--
(1) Sense of congress.--It is the sense of Congress that
statutes and mechanisms to control the export of critical
technologies or related intellectual property must be kept
up-to-date, reflecting changes in the defense industrial
base, technology, and the global market, in order to
adequately protect United States national security.
(2) Report.--Annually, until September 30, 2023, before
March 31, the President shall deliver to the appropriate
congressional committees a report describing any need for
reforms of policies governing the export of technology or
related intellectual property, along with any proposed
legislative changes the President believes are necessary.
(d) Separate Reports Required.--The reports required under
subsections (a)(1) and (c)(2) may be issued concurrently, but
shall be issued as separate reports.
(e) Definitions.--For purposes of this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Armed Services, the Committee on Financial Services, the
Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of Representatives and
the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the
Senate.
(2) Database.--The term ``database'' means the database
established pursuant to subsection (b)(1)(A).
(3) Defense industrial base.--The term ``defense industrial
base'' shall have the meaning given the term ``national
technology and industrial base'' within the context of
section 2503 of title 10, United States Code.
(4) Definitions related to corporations.--
(A) Corporation.--The term ``corporation'' means a
corporation, partnership, or other organization.
(B) Foreign corporation.--The term ``foreign corporation''
means a corporation organized under the laws of a foreign
country.
(C) U.S. corporation.--The term ``U.S. corporation'' means
a corporation organized under the laws of the United States.

Amendment No. 78 Offered by Mr. Moulton of Massachusetts

At the end of subtitle F of title X, add the following new
section:

SEC. 10__. FEDERAL CHARTER FOR SPIRIT OF AMERICA.

(a) Federal Charter.--
(1) In general.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 2003 the
following new chapter:

``CHAPTER 2005--SPIRIT OF AMERICA

``Sec.
``200501. Organization.
``200502. Purposes.
``200503. Powers.
``200504. Duty to maintain tax-exempt status.
``200505. Annual report.

``Sec. 200501. Organization

``(a) Federal Charter.--Spirit of America (in this chapter
`the corporation'), a nonprofit corporation, is a federally
chartered corporation.
``(b) Expiration of Charter.--If the corporation does not
comply with the provisions of this chapter, the charter
granted by this chapter expires.
``(c) Scope of Charter.--Nothing in the charter granted by
this chapter shall be construed as conferring special rights
or privileges upon the corporation, or as placing upon the
Department of Defense any obligation with respect to the
corporation.

``Sec. 200502. Purposes

``The purposes of the corporation are as provided in its
constitution and bylaws and include the following patriotic,
charitable, and inspirational purposes:
``(1) To respond to the needs of local populations abroad,
as identified by members of the Armed Forces and diplomats of
the United States abroad.
``(2) To provide privately-funded humanitarian, economic,
and other nonlethal assistance to address such needs.
``(3) To support the safety and success of members of the
Armed Forces and diplomats of the United States abroad.
``(4) To connect the people of the United States more
closely to the members of the Armed Forces and diplomats of
the United States abroad, and to the missions carried out by
such personnel abroad.
``(5) To demonstrate the goodwill of the people of the
United States to peoples around the world.

``Sec. 200503. Powers

``The corporation may--
``(1) adopt and amend a constitution, by-laws, and
regulations to carry out the purposes of the corporation;
``(2) adopt and alter a corporate seal;
``(3) establish and maintain offices to conduct its
activities;
``(4) enter into contracts;
``(5) acquire, own, lease, encumber, and transfer property
as necessary and appropriate to carry out the purposes of the
corporation;
``(6) establish, regulate, and discontinue subordinate
State and territorial subdivisions and local chapters or
posts;
``(7) publish a magazine and other publications (including
through the Internet);
``(8) sue and be sued; and
``(9) do any other act necessary and proper to carry out
the purposes of the corporation as provided in its
constitution, by-laws, and regulations.

``Sec. 200504. Duty to maintain tax-exempt status

``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue
Code of 1986, the charter granted under this chapter shall
terminate.

``Sec. 200505. Annual report

``The corporation shall submit an annual report to Congress
on the activities of the corporation during the prior fiscal
year. The report shall be submitted at the same time as the
report of the audit required by section 10101 of this title.
The report may not be printed as a public document.''.
(2) Tables of chapters.--The table of chapters at the
beginning of title 36, United States Code, and at the
beginning of subtitle II of such title, are each amended by
inserting after the item relating to chapter 2003 the
following new item:

``2005. Spirit of America 200501.''....................................

(b) Distribution of Corporation Assistance Abroad Through
Department of Defense.--
(1) Acceptance and coordination of assistance.--The
Department of Defense (including members of the Armed Forces)
may, in the discretion of the Secretary of Defense and in
accordance with guidance issued by the Secretary--
(A) accept from Spirit of America, a federally-chartered
corporation under chapter 2005 of title 36, United States
Code (as added by subsection (a)), humanitarian, economic,
and other nonlethal assistance funded by private funds in the
carrying out of the purposes of the corporation; and
(B) respond to requests from the corporation for the
identification of the needs of local populations abroad for
assistance, and coordinate with the corporation in the
provision and distribution of such assistance, in the
carrying out of such purposes.
(2) Distribution of assistance to local populations.--In
accordance with guidance issued by the Secretary, members of
the Armed Forces abroad may provide to local populations
abroad humanitarian, economic, and other nonlethal assistance
provided to the Department by the corporation pursuant to
this subsection.
(3) Scope of guidance.--The guidance issued pursuant to
this subsection shall ensure that any assistance distributed
pursuant to this subsection shall be for purposes of
supporting the mission or missions of the Department and the
Armed Forces for which such assistance is provided by the
corporation.
(4) DoD support for corporation activities.--In accordance
with guidance issued by the Secretary, the Department and the
Armed Forces may--
(A) provide transportation, lodging, storage, and other
logistical support--
(i) to personnel of the corporation (whether in the United
States or abroad) who are carrying out the purposes of the
corporation; and

[[Page H5848]]

(ii) in connection with the acceptance and distribution of
assistance provided by the corporation; and
(B) use assets of the Department and the Armed Forces in
the provision of support described in subparagraph (A).

Amendment No. 79 Offered by Mr. Connolly of Virginia

At the end of subtitle F of title X, add the following new
section:

SEC. 10__. AIR TRANSPORTATION OF CIVILIAN DEPARTMENT OF
DEFENSE PERSONNEL TO AND FROM AFGHANISTAN.

(a) Policy Review.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
conduct a policy review regarding the use of commercial air
transportation or alternative forms of air transportation to
transport civilian personnel of the Department of Defense to
and from Afghanistan.
(b) Report to Congress.--Not later than 90 days after the
completion of the policy review required by subsection (a),
the Secretary shall submit to the congressional defense
committees a report on the results of such review.
(c) Updated Guidelines.--Not later than 90 days after the
completion of the policy review required by subsection (a),
the Secretary shall issue updated guidelines, based on the
report submitted under subsection (b), regarding the use of
commercial air transportation or alternative forms of air
transportation to transport civilian personnel of the
Department to and from Afghanistan.

Amendment No. 80 Offered by Mr. Davidson of Ohio

Page 451, after line 6, insert the following:

SEC. 10__. COLLABORATION BETWEEN FAA AND DOD ON UNMANNED
AIRCRAFT SYSTEMS.

(a) Collaboration.--
(1) In general.--The Administrator of the Federal Aviation
Administration and the Secretary of Defense are encouraged to
collaborate on sense-and-avoid capabilities for unmanned
aircraft systems.
(2) Elements.--The collaboration described in paragraph (1)
should include the following:
(A) Sharing information on safely integrating unmanned
aircraft systems and manned aircraft in the national airspace
system.
(B) Building upon the experience of the Department of
Defense, including the Air Force, to inform the Federal
Aviation Administration's development of civil standards,
policies, and procedures for integrating unmanned aircraft
systems in the nation airspace system.
(C) Informing--
(i) development of airborne and ground-based sense-and-
avoid capabilities for unmanned aircraft systems; and
(ii) research and development on unmanned aircraft systems,
especially with respect to matters involving human factors,
information assurance, and security.
(b) Participation by FAA in DOD Activities.--
(1) In general.--The Administrator of the Federal Aviation
Administration is encouraged to participate, and provide
assistance for participation, in test and evaluation efforts
of the Department of Defense, including the Air Force,
relating to airborne and ground-based sense-and-avoid
capabilities for unmanned aircraft systems.
(2) Participation through centers of excellence and test
sites.--Participation under paragraph (1) may include
provision of assistance through unmanned aircraft systems
test sites.
(c) Unmanned Aircraft Systems Defined.--In this section,
the term ``unmanned aircraft system'' has the meaning given
that term in section 331 of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).

Amendment No. 81 Offered by Mr. Rohrabacher of California

Page 473, line 15, strike ``and''.
Page 473, line 17, strike the period at the end and insert
a semicolon.
Page 473, after line 17, insert the following:
(C) in paragraph (3), strike ``and'' at the end;
(D) in paragraph (4), strike the period at the end and
insert ``; and'' ; and
(E) by adding at the end the following:
``(5) Pakistan is not using its military or any funds or
equipment provided by the United States to persecute minority
groups seeking political or religious freedom, including the
Balochi, Sindhi, and Hazara ethnic groups and minority
religious groups, including Christian, Hindu, and Ahmadiyya
Muslim.''.

Amendment No. 82 Offered by Mr. Poe of Texas

Page 473, line 15, strike ``and''.
Page 473, line 17, strike the period at the end and insert
a semicolon.
Page 473, after line 17, insert the following:
(C) in paragraph (3), strike ``and'' at the end;
(D) in paragraph (4), strike the period at the end and
insert ``; and''; and
(E) by adding at the end the following:
``(5) Pakistan is not providing military, financial, or
logistical support to specially designated global terrorists
operating in Afghanistan or Pakistan.''.

Amendment No. 83 Offered by Ms. Moore of Wisconsin

Page 474, line 21, insert after ``objectives'' the
following: ``, including the funding estimated to be needed
each year by the Department of Defense and by the Department
of State (including the United States Agency for
International Development)''.
Page 475, after line 15, insert the following:
(9) A description of the legal authority needed to
introduce United States ground combat forces in Syria or
needed to accomplish long term and short term military
objectives in Syria and a description of the capabilities and
willingness of the Syrian government (and its allies) to use
chemical or other weapons of mass destructions against its
citizens and potentially United States and associated
military forces Syria.
(10) A description of all necessary contact between the
United States and the governments of Russia and other state
actors in order to achieve the United States strategy in
Syria.
Page 475, after line 22, insert the following new section:

SEC. 1221A. REPORT ON IMPACT OF HUMANITARIAN CRISIS ON
ACHIEVEMENT OF UNITED STATES SECURITY
OBJECTIVES IN SYRIA.

(a) In General.--Not later than February 1, 2018, the
Secretary of Defense, in coordination with the Secretary of
State, shall submit to the appropriate congressional
committees (as defined in section 1221(c)) a report that
provides an assessment of the impact of the humanitarian
crisis in Syria on the achievement of goals of the United
States in the region, such as destroying and dismantling the
Islamic State in Iraq and the Levant and peace and stability
in Syria and the broader region.
(b) Contents.--The assessment under subsection (a) shall
include a description of--
(1) the response of the United States to the short-term and
long-term humanitarian crisis in Syria caused by attacks on
the people of Syria by its government, including attacks on
hospitals and other medical and educational facilities; and
(2) how the United States intends to support the needs of
refugees and internally displaced populations and intends to
improve access to humanitarian aid for areas where such aid
has been blocked.

Amendment No. 84 Offered by Mr. Nolan of Minnesota

Page 555, after line 12, insert the following:
(e) No Authorization for Deployment of Armed Forces.--None
of the funds authorized to be appropriated by this Act are
authorized to be made available to deploy members of the
Armed Forces to participate in the ongoing civil war in
Yemen.

Amendment No. 85 Offered by Ms. Michelle Lujan Grisham of New Mexico

At the end of title XI, add the following:

SEC. 1109. BRIEFING ON DIVERSITY IN THE CIVILIAN WORKFORCE ON
AIR FORCE INSTALLATIONS.

Not later than 120 days after the date of enactment of this
Act, the Secretary of the Air Force shall brief the Committee
on Armed Services of the Senate, the Committee on Armed
Services of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Oversight and Government Reform of the House
of Representatives on efforts to increase diversity in the
civilian workforce on each Air Force installation, including
regional and State demographics regarding diversity.

Amendment No. 86 Offered by Mr. Gallego of Arizona

At the end of subtitle C of title XII, add the following
new section:

SEC. 12_. REPORTS ON DEPLOYMENT OF UNITED STATES COMBAT
FORCES TO SYRIA.

(a) In General.--The President shall submit to Congress a
report on the deployment of United States combat forces to
Syria, including number of troops, extent of deployment, and
purpose of deployment.
(b) Deadline.--The President shall submit the report
required under subsection (a) not later than 90 days after
the date of the enactment of this Act and every 90 days
thereafter through the end of calendar year 2020.

Amendment No. 87 Offered by Mr. Lamborn of Colorado

At the end of subtitle C of title XII, add the following
new section:

SEC. 12_. REPORT ON USE BY THE GOVERNMENT OF IRAN OF
COMMERCIAL AIRCRAFT AND RELATED SERVICES FOR
ILLICIT ACTIVITIES.

(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
President, in consultation with the Secretary of Defense, the
Secretary of State, and the Director of National
Intelligence, shall submit to the Committee on Armed
Services, Committee on Foreign Affairs, Committee on
Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives a report on use
by the Government of Iran of commercial aircraft and related
services for illicit activities.
(b) Elements of Report.--The report required under
subsection (a) shall include a description of the extent to
which--
(1) the Government of Iran is using commercial aircraft,
including aircraft of Iran Air, or related services to
transport illicit cargo to or from Iran, including military
goods, weapons, military personnel, military-related
electronic parts and mechanical equipment, or rocket or
missile components; and
(2) the commercial aviation sector of Iran, including Iran
Air, is providing financial, material, or technological
support to the Islamic Revolutionary Guard Corps, Iran's

[[Page H5849]]

Ministry of Defense and Armed Forces Logistics, the Bashar al
Assad Regime, Hezbollah, Hamas, Kata'ib Hezbollah, or any
other Foreign Terrorist Organization or entities designated
as a specially designated national and blocked person on the
list maintained by the Office of Foreign Assets Control of
the Department of the Treasury.
(c) Sunset.--This section shall cease to be effective on
the date that is 30 days after the date on which the
President certifies to Congress that the Government of Iran
has ceased providing support for acts of international
terrorism.

Amendment No. 88 Offered by Mr. Nolan of Minnesota

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

SEC. 12__. LIMITATION ON FUNDING.

None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2018 for the
Counter-ISIS Train and Equip Fund are authorized to be made
available to provide assistance to any recipient of such
funds that the Secretary of Defense has reported, pursuant to
a quarterly progress report submitted pursuant to section
1209 of the National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3541), as having
previously misused training or equipment provided by the
United States.

Amendment No. 89 Offered by Mr. Engel of New York

At the end of subtitle D of title XII, add the following
new section:

SEC. 12_. REPORT ON DEFENSE COOPERATION BETWEEN SERBIA AND
THE RUSSIAN FEDERATION.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
congressional defense committees and the Committees on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on the
defense and security relationship between Serbia and the
Russian Federation.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) A list of Russian weapons systems and other military
hardware and technology valued at $1,000,000 or more that
have been provided to Serbia since 2012.
(2) A description of the participation by Serbian armed
forces in Russian military training or exercises since 2012.
(3) A list of any defense and security cooperation
agreements between Serbia and Russia entered into since 2012.
(4) An assessment of how the countries bordering Serbia
assess the risk the Serbian armed forces pose to their
national security.
(5) An assessment of intelligence cooperation between
Serbia and Russia.
(6) An assessment of defense and security cooperation
between Serbia and the United States.
(7) An assessment of how military relations between Serbia
and Russia affect United States defense and security
cooperation with Serbia and cooperation between Serbia and
the North Atlantic Treaty Organization.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.

Amendment No. 90 Offered by Ms. Cheney of Wyoming

At the end of subtitle D of title XII, add the following:

SEC. 12__. PLAN TO RESPOND IN CASE OF RUSSIAN NONCOMPLIANCE
WITH THE NEW START TREATY.

(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the President shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report--
(1) describing the options available in response to a
failure by Russia to achieve the reductions required by the
New START Treaty before February 5, 2018; and
(2) including the assessment of the Secretary of Defense
whether such a failure would constitute a material breach of
the New START Treaty, providing grounds for the United States
to withdraw from the treaty.
(b) Options Described.--The report required under
subsection (a) shall specifically describe options to respond
to such a failure relating to the following:
(1) Economic sanctions.
(2) Diplomacy.
(3) Additional deployment of ballistic or cruise missile
defense capabilities, or other United States capabilities
that would offset any potential Russian military advantage
from such a failure.
(4) Redeployment of United States nuclear forces beyond the
levels required by the New START Treaty, and the associated
costs and impacts on United States operations.
(5) Legal countermeasures available under other treaties
between the United States and Russia, including under the
Treaty on Open Skies, done at Helsinki March 24, 1992, and
entered into force January 1, 2002.
(c) New START Treaty.--In this section, 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 at Prague April 8, 2010, and entered into force
February 5, 2011.

Amendment No. 91 Offered by Mr. Walker of North Carolina

At the end of subtitle G of title XII, add the following
new section:

SEC. 12_. REPORT ON NAVAL PORT OF CALL EXCHANGES BETWEEN THE
UNITED STATES AND TAIWAN.

(a) Report Required.--Not later than September 1, 2018, the
Secretary of Defense shall submit to the appropriate
committees of Congress a report on the following:
(1) An assessment of the feasibility and advisability
regarding ports of call by the United States Navy at ports on
the island of Taiwan.
(2) An assessment of the feasibility and advisability of
the United States to receiving ports of call by the Republic
of China navy in Hawaii, Guam, and other appropriate
locations.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.

[[Page H5850]]

Mr. SMITH of Washington. Mr. Chairman, I reserve the balance of my
time.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Fitzpatrick).
Mr. FITZPATRICK. Mr. Chairman, perfluorinated compounds, namely PFOA
and PFOS, have been found in public and private drinking water wells in
communities surrounding over 600 military installations nationwide,
including several in my own district, impacting 70,000 Pennsylvanians.
While the military does not dispute its responsibility for the water
contamination, the response thus far has been unacceptable. For all of
our constituents, they all have the right to safe, clean drinking
water, and they deserve to know if PFOS or PFOA have compromised their
long-term health.
The bipartisan amendment I have introduced instructs the Secretary of
Defense to consult with the Agency for Toxic Substances and Disease
Registry to carry out a study on any health effects experienced by
those exposed to PFOS and PFOA at military installations or former
military installations.
While this study alone will not fix the serious concerns about water
contamination, it will provide us with critical information about the
health impact these unregulated chemicals may have, and aid the Federal
Government in conjunction with State and local agencies to reverse the
contamination and protect the health and welfare of our residents.
Mr. Chairman, I urge my colleagues to support this amendment.
Mr. SMITH of Washington. Mr. Chair, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Poe).
Mr. POE of Texas. Mr. Chair, I thank Chairman Thornberry for yielding
time.
Mr. Chair, Pakistan has been supporting all kinds of terrorist groups
for years, including those with American blood on their hands. But
instead of penalizing Pakistan, the government has been rewarding them
with hundreds of millions of dollars in U.S. aid. Some of that money
goes to support terrorists.
Previously, we placed conditions on military aid to Pakistan, but
these conditions are only focused on Pakistan cracking down on one
terrorist group, the Haqqani Network. Meanwhile, Pakistan is aiding and
abetting a long list of terrorists in the region, including the Taliban
in Afghanistan.

{time} 1000

My amendment No. 100 places a new condition on any aid to Pakistan.
The condition requires the administration to certify that Pakistan is
not providing military, financial, or logistical support to any
terrorists operating in Pakistan or Afghanistan.
This forces Pakistan to make a long overdue choice: either go after
terrorists or lose millions of dollars of American aid.
And that is just the way it is.
Mr. SMITH of Washington. Mr. Chairman, I continue to reserve the
balance of my time.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 2 minutes to the
distinguished gentleman from Michigan (Mr. Bishop).
Mr. BISHOP of Michigan. Mr. Chairman, I thank Chairman Thornberry for
his leadership on this matter.
The North Atlantic Treaty Organization was formed in the ashes of
World War II, bringing decades of considerable peace and prosperity.
Still, there are powers today that wish to challenge the order from
which millions throughout the world have benefited.
My amendment to the NDAA, amendment No. 98, is a straightforward and
simple amendment. It would call on all NATO allies to fulfill their
mutual defense commitments, secure national and regional security
interests, and recognize our NATO allies who are achieving those
objectives.
The underlying bill takes steps to strengthen our national defense on
many fronts. It improves our overseas contingency operations, provides
significant resources to rebuild our military, and increases funding
for initiatives to deter Russian aggression.
My amendment builds upon those principles. As we begin to rebuild our
military capability, it is time for our allies to do the same,
especially when it pertains to our NATO alliance.
For far too long, the United States has shared an unequal financial
burden in contributing to the global and regional security that NATO
provides. With new challenges from an increasing belligerent Russian
state, instability across the Middle East and North Africa, and
emerging cybersecurity threats, it is time for all allies to honor
their commitment and invest in defense spending.
In order for NATO to be completely effective, all NATO members must
meet their GDP commitment for defense spending and investment. This is
out of fairness--for our effort to evenly share this responsibility and
fairness to American taxpayers.
My amendment calls on the President to demand that our NATO allies
honor their mutual defense commitment they agreed to by committing 2
percent of their gross domestic product to defense spending and
research and to secure their national and regional security interests.
Only 5 of 29 member nations currently honor these commitments. While 24
NATO members fail to meet their NATO commitment, my amendment also
recognizes the few NATO allies who actually achieve those objectives.
Full commitment from our NATO allies will make a notable difference
in our effort to achieve peace around the globe. We must share equally
the necessary burden of peace through strength.
The Acting CHAIR. Without objection, the gentleman from Virginia (Mr.
Scott) will control the time of the gentleman from Washington (Mr.
Smith).
There was no objection.
Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my
time.
Mr. THORNBERRY. Mr. Chairman, I yield back the balance of my time.
Ms. ROSEN. Mr. Chair, I rise in support of Congressman Lamborn's
amendment to the National Defense Authorization Act to require the
President, the Secretary of Defense, the Secretary of State, and the
Director of National Intelligence to report to Congress on the use of
commercial aircraft by the Government of Iran for illicit activities. I
am proud to be the lead Democratic co-sponsor of this bipartisan
amendment, along with Reps. Lamborn, Roskam, Zeldin, and Sherman.
As we are all aware, U.S. firms have reached multi-billion-dollar
agreements to sell or lease hundreds of aircraft to Iran, supposedly to
help bring the country's fleet into the 21st century. I am deeply
concerned, however, that these aircraft, intended for civilian use,
could instead be used for nefarious purposes, such as transporting
fighters to Syria or weapons to Iran's proxies, Hamas and Hezbollah.
Iran is the world's leading sponsor of terrorism, with a longstanding
record of human rights violations. Its support of radical groups
throughout the Middle East poses a threat both to our greatest ally in
the region, Israel, and also to U.S. interests.. For this reason, we
must keep a watchful eye on Iran's actions, including how it uses dual
use exports from the United States.
If Iran is indeed only using American-made commercial aircraft for
legitimate purposes, there should be no concern that a report
confirming this would have an adverse effect on American trade. If Iran
is using aircraft to conduct illicit activities, we must be made aware,
and we must hold Iran accountable.
I am also proud to have co-sponsored another amendment to the
National Defense Authorization Act that will help hold Iran accountable
for it actions. This bipartisan amendment, offered by my Nevada
colleague, Rep. Kihuen, would extend a presidential reporting
requirement to ensure that we have an integrated strategy between the
Administration and Congress to deter Iran's nuclear weapons program.
Two years ago today, the United States, China, France, Germany,
Russia, the United Kingdom, the European Union, and Iran agreed to the
Joint Comprehensive Plan Of Action (JCPOA), which aimed to ensure that
Iran's nuclear program would be exclusively peaceful and that Iran
would never obtain a nuclear weapon. I was not a Member of Congress
when the JCPOA came to the floor for Congressional approval, but had I
been, I would have opposed the agreement. However, I have said since
before I first came to Congress that now that the JCPOA is the law of
the land, the United States must demand that Iran abide by it
completely, and that any cheating or subversion should be dealt with
swiftly.
Both the Lamborn and Kihuen Amendments that I have co-sponsored are
manifestations of this principle. If Iran is directly violating the
JCPOA by developing a nuclear weapons program, the Administration and
Congress must be ready to respond. And if Iran is violating

[[Page H5851]]

the spirit of the JCPOA by taking advantage of new streams of commerce
to wage war in the Middle East, it should not matter what financial
ties U.S. companies have to the regime.
For these reasons, I urge my colleagues to vote for the National
Defense Authorization Act, which includes both the Lamborn and Kihuen
Amendments.
Mr. ENGEL. Mr. Speaker, I would like to thank Armed Services Chairman
Thornberry and Ranking Member Smith for their support of my amendment
to direct the Secretary of Defense to report on military cooperation
between Serbia and Russia. I would also like to thank the gentleman
from Alabama, Mr. Aderholt, for cosponsoring the amendment.
Countries of the Balkans are a part of Europe. Period. From the
former Yugoslavia, three have already entered NATO and two are now part
of the European Union. In the wider Balkans, even more countries have
joined NATO and the EU and others want to be part of both . . . . all,
except for Serbia, that is, which is unwilling to put itself on a path
to future NATO membership.
Frankly, Serbia is not only keeping NATO at arms' length. As we
speak, it is continuing to rearm with Russian weapons. In a deal
reached on December 21 of last year, Russia agreed to give Serbia six
surplus MiG-29 `Fulcrum' fighter aircraft, 30 T-72 tanks, and 30 BRDM-2
armored reconnaissance vehicles. Rather than forcing Belgrade to pay
for these items worth more than $600 million on the open market, the
Kremlin just gave them to Belgrade. And, now Serbia is seeking Russian-
made S-300 anti-aircraft missiles. If I were sitting in one of Serbia's
neighbors, most of which are NATO members, I don't think I would be
comfortable with Belgrade's tilt toward Moscow.
Even more, only last month, Serbia joined Russia and Belarus in what
the countries' called `Slavic Brotherhood' drills very close to NATO-
member Poland. This is only the latest in a series of military
exercises where Serbian forces are training with Russian troops.
According to RFE/RL, ``The first were held in 2015 in Russia's
Krasnodar Krai, which is close to Western-leaning Georgia and Ukraine's
Russian-controlled Crimean Peninsula. The second were held in November
2016 in Serbia, while NATO was staging a civil emergency drill in
neighboring Montenegro.''
If Serbia wants to become part of the West, this isn't the way to get
there. Frankly, I'm growing increasingly concerned with the choices
Belgrade is making on military and security matters. This is why I
wrote today's amendment. We need to take a closer look at Russian-
Serbian military ties and judge their implications for US national
security policy, Serbia's membership in NATO's Partnership for Peace,
and the impact on Serbia's neighbors.
I know that Vice President Pence is meeting with Serbian President
Vucic on Monday. This occasion represents a good opportunity to present
our U.S. concerns about Belgrade's direction on security policy and a
variety of other matters.
Mr. Chair, again, I thank the Chairman and Ranking member for their
support, and I look forward to seeing the report required by the
amendment.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chair, I am proud to have
introduced the Apollo I Memorial Amendment to H.R. 2810, the National
Defense Authorization Act for Fiscal Year 2018. This year is the 50th
Anniversary of the Apollo I spacecraft fire that claimed the lives of
three American heroes. With this Amendment we ensure that these three
courageous astronauts, who gave their lives in service to our great
nation, will be appropriately honored.
On January 27, 1967, Astronauts Virgil I. ``Gus'' Grissom, Edward H.
White II, and Roger B. Chaffee were killed in an electrical fire that
broke out inside their Apollo I Command Module on Launch Pad 34 at the
Kennedy Space Center in Cape Canaveral, Florida. The accident led to a
detailed internal investigation and congressional hearings. As a result
of their sacrifice, NASA made needed changes to the Apollo program
which ultimately resulted in the successful Apollo 11 landing on the
moon two years later.
My Amendment requires the Secretary of the Army, in consultation with
the Administrator of the National Aeronautics and Space Administration
(NASA), to construct a memorial marker at Arlington National Cemetery
in their honor. This marker corrects an unfortunate omission, namely,
that these three fearless astronauts, who were set to be the ones to
fly the first Apollo mission into space, have not received a memorial
at Arlington as was done for the Space Shuttle Challenger and Columbia
crews. As Arlington National Cemetery is where we recognize heroes who
have passed in the service of our Nation, it is fitting that on the
50th anniversary of the launchpad accident we acknowledge the sacrifice
of the Apollo I Astronauts.
Mr. Chair, it is past time to install a memorial marker at Arlington
so that current and future Americans never forget their sacrifice as we
continue to reach for the stars.
Before closing, I would like to thank my colleagues on both sides of
the aisle who supported the original bill from which this Amendment was
drawn, H.R. 703, the Apollo Memorial Act. I would also like to express
my deep appreciation to both Mr. Hollingsworth of Indiana and Mr. Posey
of Florida who both offered to cosponsor this Amendment.
I hope my colleagues on both sides of the aisle will continue to come
together to support this amendment honoring these heroes.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.

Amendments En Bloc No. 5 Offered by Mr. Thornberry of Texas

Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 440, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 5 consisting of amendment Nos. 92, 93, 94, 95,
96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, and 107 printed in
House Report 115-217, offered by Mr. Thornberry of Texas:

amendment no. 92 offered by Mr. Engel of new york

At the end of subtitle H of title XII, add the following
new section:

SEC. 12_. NOTICE OF CHANGES TO THE LEGAL AND POLICY
FRAMEWORKS GUIDING THE UNITED STATES' USE OF
MILITARY FORCE AND RELATED NATIONAL SECURITY
OPERATIONS.

(a) Notice Required.--Not later than 30 days after the date
on which a change is made to any of the legal or policy
frameworks described in the report entitled ``Report on the
Legal and Policy Frameworks Guiding the United States Use of
Military Force and Related National Security Operations''
prepared by the national security departments and agencies
and published on December 5, 2016, the President shall notify
the appropriate congressional committees of such change,
including the legal, factual, and policy justification for
such change.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
(2) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives;
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives.

amendment no. 93 offered by Mr. Ted Lieu of california

At the end of subtitle H of title XII, add the following
new section:

SEC. 12_. REPORT ON MILITARY ACTION OF SAUDI ARABIA AND ITS
COALITIONS PARTNERS IN YEMEN.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of Defense and the Secretary of State shall jointly
submit the appropriate congressional committees a report on
military action of Saudi Arabia and its coalitions partners
in Yemen.
(b) Matters to Be Included.--The report required by
subsection (a) shall include a description of the following:
(1) The extent to which the Government of Saudi Arabia and
its coalition partners in Yemen are abiding by their ``No
Strike List and Restricted Target List''.
(2) Roles played by United States military personnel with
respect to operations of such coalition partners in Yemen.
(3) Progress made by the Government of Saudi Arabia in
improving its targeting capabilities.
(4) Progress made by such coalition partners to implement
the recommendations of the Joint Incident Assessment Team and
participation if any by the United States in the
implementation of such recommendations.
(5) Progress made toward implementation of United Nations
Security Council Resolution 2216 (2015) or any successor
United Nations Security Council resolution relating to the
conflict in Yemen.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Termination.--This section shall terminate on--
(1) the date that is 2 years after the date of the
enactment of this Act, or

[[Page H5852]]

(2) the date on which the Secretary of Defense and
Secretary of State jointly certify to the appropriate
congressional committees that the conflict in Yemen has come
to a conclusion,

whichever occurs earlier.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate 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.

amendment no. 94 offered by Mr. crowley of new york

Page 525, line 19, strike the period and insert ``,
including respect for human rights.''.

amendment no. 95 offered by Mr. gallagher of wisconsin

At the end of subtitle G of title XII, add the following
new section:

SEC. 12_. ASSESSMENT ON UNITED STATES DEFENSE IMPLICATIONS OF
CHINA'S EXPANDING GLOBAL ACCESS.

(a) Assessment.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, shall assess the foreign
military and non-military activities of the People's Republic
of China which could affect the regional and global national
security and defense interests of the United States.
(2) Elements.--The assessment required by paragraph (1)
shall evaluate the following:
(A) China's use of military and non-military means in the
Indo-Asia-Pacific region and globally, including tourism,
media, influence campaigns, investment projects,
infrastructure, and access to foreign ports and military
bases, and whether such means could affect United States
national security or defense interests, including operational
access.
(B) The implications, if any, of such means for the
military force posture, access, training, and logistics of
both the United States and China.
(C) The United States strategy and policy for mitigating
any harmful effects resulting from such means.
(D) The resources required to implement such strategy and
policy, and the mitigation plan to address any gaps in
capabilities or resources necessary for such implementation.
(E) Measures to bolster the roles of allies, partners, and
other countries to implement such strategy and policy.
(F) Any other matters the Secretary of Defense or the
Secretary of State determines to be appropriate.
(3) Report required.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report on the assessment
required under subsection (b).
(B) Form.--The report required by this paragraph may be
submitted unclassified or classified form.

amendment no. 96 offered by Mr. yoho of florida

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

SEC. 12__. NORMALIZING THE TRANSFER OF DEFENSE ARTICLES AND
DEFENSE SERVICES TO TAIWAN.

(a) Sense of Congress.--It is the sense of Congress that
any requests from the Government of Taiwan for defense
articles and defense services should receive a case-by-case
review by the Secretary of Defense, in consultation with the
Secretary of State, that is consistent with the standard
processes and procedures in an effort to normalize the arms
sales process with Taiwan.
(b) Report.--
(1) In general.--Not later than 120 days after the date on
which the Secretary of Defense receives a Letter of Request
from Taiwan with respect to the transfer of a defense article
or defense service to Taiwan, the Secretary, in consultation
with the Secretary of State, shall submit to the appropriate
congressional committees a report that includes--
(A) the status of such request;
(B) if the transfer of such article or service would
require a certification or report to Congress pursuant to any
applicable provision of section 36 of the Arms Export Control
Act (22 U.S.C. 2776), the status of any Letter of Offer and
Acceptance the Secretary of Defense intends to issue with
respect to such request; and
(C) an assessment of whether the transfer of such article
or service would be consistent with United States obligations
under the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.).
(2) Elements.--Each report required under paragraph (1)
shall specify the following:
(A) The date the Secretary of Defense received the Letter
of Request.
(B) The value of the sale proposed by such Letter of
Request.
(C) A description of the defense article or defense service
proposed to be transferred.
(D) The view of the Secretary of Defense with respect to
such proposed sale and whether such sale would be consistent
with defense plans.
(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of Defense, in coordination with the Secretary of
State, shall provide a briefing to the appropriate
congressional committees with respect to the security
challenges faced by Taiwan and the military cooperation
between the United States and Taiwan, including a description
of any requests from Taiwan for the transfer of defense
articles or defense services and the status, whether signed
or unsigned, of any Letters of Offer and Acceptance with
respect to such requests.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(2) Defense article; defense service.--The terms ``defense
article'' and ``defense service'' have the meanings given
such terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
(3) Letter of request; letter of offer and acceptance.--The
terms ``Letter of Request'' and ``Letter of Offer and
Acceptance'' have the meanings given such terms for purposes
of Chapter 5 of the Security Assistance Management Manual of
the Defense Security Cooperation Agency, as in effect on the
date of the enactment of this Act.

amendment no. 97 offered by Mr. duncan of south carolina

At the end of subtitle H of title XII, add the following:

SEC. 12__. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE
REGION.

It is the sense of Congress that--
(1) the security, stability, and prosperity of the Western
Hemisphere region are vital to the national interests of the
United States;
(2) the United States should maintain a military capability
in the Western Hemisphere region that is able to project
power, build partner capacity, deter acts of aggression, and
respond, if necessary, to regional threats or to threats to
the national security of the United States by the activities
of Iran, China, Russia, North Korea, transnational criminal
organizations, or terrorist organizations in the region;
(3) continuing efforts by the Department of Defense to
commit additional assets and increase investments to the
Western Hemisphere are necessary to maintain a robust United
States commitment to the region;
(4) the Secretary of Defense should--
(A) assess the current United States force posture in the
Western Hemisphere to ensure that the United States maintains
an appropriate forward presence in the region;
(B) prioritize--
(i) intelligence, surveillance, and reconnaissance;
(ii) maritime patrol aircraft to support detection and
monitoring missions;
(iii) efforts to disrupt and degrade transregional and
transnational threat networks; and
(iv) when possible, efforts to support the mission of the
Department of Homeland Security, as requested, in monitoring
individuals identified by the Secretary of Homeland Security
as ``special interest aliens'' or as ``foreign terrorist
fighters''; and
(C) enhance regional force readiness through joint training
and exercises; and
(5) the United States should continue to engage in the
Western Hemisphere by strengthening alliances and
partnerships, working with regional institutions, addressing
the shared challenges of illicit trafficking of humans,
drugs, and other contraband, transnational criminal
organizations, and foreign terrorist fighters, and supporting
the rule of law and democracy in the region.

amendment no. 98 offered by Mr. bishop of michigan

At the end of subtitle H of title XII, add the following:

SEC. 12__. SENSE OF CONGRESS RELATING TO INCREASES IN DEFENSE
CAPABILITIES OF UNITED STATES ALLIES.

It is the sense of Congress that the President, in
furtherance of increased unity, equitable sharing of the
common defense burden, and international stability, should--
(1) encourage all member countries of the North Atlantic
Treaty Organization (``NATO allies'') to fulfill their
commitments to levels and composition of defense expenditures
as agreed upon at the NATO 2014 Wales Summit and NATO 2016
Warsaw Summit;
(2) call on NATO allies to finance, equip, and train their
armed forces to fulfill their national and regional security
interests; and
(3) recognize NATO allies that are meeting their defense
spending commitments or otherwise providing adequately for
their national and regional security interests.

amendment no. 99 offered by Mr. kelly of pennsylvania

At the end of subtitle H of title XII, add the following
new section:

SEC. 12XX. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT
THE ARMS TRADE TREATY.

(a) In General.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2018 for the Department of Defense may be
obligated or expended to fund a Secretariat or any

[[Page H5853]]

other international organization established to support the
implementation of the Arms Trade Treaty, to sustain domestic
prosecutions based on any charge related to the Treaty, or to
implement the Treaty until the Senate approves a resolution
of ratification for the Treaty and implementing legislation
for the Treaty has been enacted into law.
(b) Rule of Construction.--Nothing in this section shall be
construed to preclude the Department of Defense from
assisting foreign countries in bringing their laws,
regulations, and practices related to export control up to
United States standards.

amendment no. 100 offered by Mr. engel of new york

At the end of subtitle H of title XII, add the following
new section:

SEC. 12_. CULTURAL HERITAGE PROTECTION COORDINATOR.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate an employee of the Department of Defense to serve
concurrently as the Coordinator for Cultural Heritage
Protection (in this section referred to as the
``Coordinator'').
(b) Duties.--The Coordinator shall have the following
duties:
(1) The Coordinator shall be responsible for coordinating
existing obligations of the Department of Defense for the
protection of cultural heritage, including the 1954 Hague
Convention for the Protection of Cultural Property in the
Event of Armed Conflict, and other obligations for the
protection of cultural heritage.
(2) The Coordinator shall convene a coordinating committee
of entities within the Department of Defense that have the
responsibility or capacity for protecting cultural heritage.
(c) Coordinating Committee.--The coordinating committee
convened pursuant to subsection (b)(2) shall--
(1) meet not less than annually;
(2) coordinate with the Cultural Heritage Coordinating
Committee convened by the Department of State; and
(3) solicit consultation and coordination with other
Federal agencies and nongovernmental organizations, including
the U.S. Committee of the Blue Shield, as well as other
expert and stakeholder organizations, as appropriate for the
national security interests of the United States.

amendment no. 101 offered by Mr. soto of florida

At the end of subtitle B of title XVI, add the following
new section:

SEC. 1623. REPORT ON SPACE-BASED NUCLEAR DETECTION.

(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, the Chairman
of the Joint Chiefs of Staff, the Secretary of Energy, and
the Secretary of State shall jointly submit to the
congressional defense committees, the Permanent Select
Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate a
report on space-based nuclear detection.
(b) Elements.--The report under subsection (a) shall
include, at a minimum, the following:
(1) A description of the space-based nuclear detection
program (including the space-based atmospheric burst
reporting system).
(2) The strategic plan, including with respect to current
and planned space platforms, to host the relevant payloads
for such program.
(3) The current and planned national security requirements
for space-based nuclear detection, including--
(A) an attribution of such requirements to specific
missions of the departments and agencies of the Federal
Government; and
(B) how such requirements compare to past requirements.
(4) How current and future funding for the space-based
nuclear detection program is being provided by each such
department or agency to meet each mission requirement.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.

amendment no. 102 offered by Mr. fitzpatrick of pennsylvania

At the end of subtitle D of title XVI, add the following
new section:

SEC. 16__. DEFINITION OF DETERRENCE IN THE CONTEXT OF CYBER
OPERATIONS.

(a) In General.--The Secretary of Defense shall--
(1) develop a definition of the term ``deterrence'' as such
term is used in the context of the cyber operations of the
Department of Defense; and
(2) assess how the definition developed under paragraph (1)
affects the overall cyber strategy of the Department.
(b) Inclusion of Other Activities.--The definition of the
term ``deterrence'' developed under subsection (a) may
include activities, capability efforts, and operations other
than cyber activities, cyber capability efforts, and cyber
operations.

amendment no. 103 offered by Mr. franks of arizona

Page 687, line 13, strike ``Tamir interceptors'' and all
that follows through ``such interceptors'' on line 15 and
insert ``system components for the Iron Dome Defense short-
range rocket defense program, through the coproduction of
such system components''.
Page 689, line 6, strike ``to procure'' and all that
follows through ``System,'' on line 7 and insert ``for the
David's Sling Weapon System Program, of which not more than
$120,000,000 may be used to procure the David's Sling Weapon
System,''.
Page 689, line 11, strike ``for the'' and all that follows
through ``Program,'' on line 12 and insert ``for the Arrow
Weapon System, including the Arrow 3 Upper Tier System, of
which not more than $120,000,000 may be used to procure the
Arrow 3 Upper Tier Interceptor System,''

amendment no. 104 offered by Mr. lamborn of colorado

At the end of subtitle F of title XVI, add the following
new section:

SEC. 1694. BOOST PHASE BALLISTIC MISSILE DEFENSE.

(a) Initial Operational Deployment.--The Secretary of
Defense shall ensure that an effective interim kinetic or
directed energy boost phase ballistic missile defense
capability is available for initial operational deployment
not later than December 31, 2020.
(b) Plan.--Together with the budget of the President
submitted to Congress under section 1105(a) of title 31,
United States Code, for fiscal year 2019, the Secretary of
Defense shall submit to the congressional defense committees
a plan to achieve the requirement in subsection (a). Such
plan shall include--
(1) the budget requirements;
(2) a robust test schedule;
(3) a plan to develop an enduring boost phase ballistic
missile defense capability, including cost and test schedule.

amendment no. 105 offered by Mr. young of alaska

Add at the end of title XVI the following new subtitle:

Subtitle H--Advancing America's Missile Defense Act of 2017

SEC. 1699D. SHORT TITLE.

This subtitle may be cited as the ``Advancing America's
Missile Defense Act of 2017''.

SEC. 1699E. SENSE OF CONGRESS ON CURRENT STATE OF UNITED
STATES MISSILE DEFENSE, FUTURE INVESTMENT, AND
ACCELERATING CAPABILITIES TO OUTPACE CURRENT
THREATS.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should use the upcoming Ballistic
Missile Defense Review (BMDR) and the Missile Defeat Review
(MDR) to accelerate the development of new and existing means
to sustain and increase the capacity, capability, and
reliability of the ground-based midcourse defense element of
the ballistic missile defense system and other missile
defense programs.
(b) Acceleration of Development of Certain Advanced Missile
Defense Technologies Toward Fielding.--
(1) In general.--To the degree practicable, the Director of
the Missile Defense Agency shall use the policies of the
Department of Defense to accelerate the development, testing,
and fielding of the redesigned kill vehicle, the multi-object
kill vehicle, the C3 booster, a space-based sensor layer, an
airborne laser on unmanned aerial vehicles, and a potential
additional missile defense site, including the completion of
any outstanding environmental impact statements (EISs) for an
additional missile defense site on the East Coast or in the
Midwest regions of the United States.
(2) Priority.--The Director shall prioritize the
development of capabilities listed in paragraph (1) subject
to annual authorization and appropriation of funding.
(3) Development.--The Director shall use sound acquisition
processes and program management to develop the capabilities
set forth in paragraph (1).

SEC. 1699F. AUTHORIZATION TO INCREASE CURRENT GROUND-BASED
MIDCOURSE DEFENSE CAPACITY BY 28 GROUND-BASED
INTERCEPTORS.

(a) Increase in Capacity.--The Secretary of Defense shall,
subject to the annual authorization of appropriations and the
annual appropriation of funds for National Missile Defense,
increase the number of United States ground-based
interceptors by up to 28.
(b) Report to Congress.--
(1) In general.--Unless otherwise directed or recommended
by the BMDR, not later than 90 days after the date of the
enactment of this Act, the Director of the Missile Defense
Agency shall submit to the congressional defense committees a
report on infrastructure requirements and costs associated to
increase the number of ground-based interceptors at Missile
Field 1 and Missile Field 2 at Fort Greely to 20 ground-based
interceptors each.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An analysis of the strategic, operational, and tactical
benefits of adding additional ground-based interceptors at
each missile field.
(B) A detailed description of the infrastructure needed and
costs associated with expanding each missile field.
(C) An identification of any environmental, technical, or
logistical barriers to expanding each missile field.
(D) Any analysis of alternatively using Missile Field 4 and
Missile Field 5 to increase the number of ground-based
interceptors.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.

[[Page H5854]]

SEC. 1699G. MISSILE DEFENSE AGENCY REPORT ON INCREASING
NUMBER OF GROUND-BASED INTERCEPTORS UP TO 100.

(a) Sense of Congress.--It is the sense of Congress that it
is the policy of the United States to maintain and improve,
with the allies of the United States, an effective, robust
layered missile defense system capable of defending the
citizens of the United States residing in territories and
States of the United States, allies of the United States, and
deployed Armed Forces of the United States.
(b) Report to Congress.--
(1) In general.--Unless otherwise directed or recommended
by the BMDR, not later than 90 days after the date of the
enactment of this Act, the Director of the Missile Defense
Agency shall submit to the congressional defense committees a
report on the costs and benefits of increasing the capacity
of the ground-based midcourse defense element of the
ballistic missile defense system.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An identification of potential sites--new or existing--
to allow for the increase of up to 100 ground-based
interceptors.
(B) An analysis of the strategic, operational, tactical,
and cost benefits of each site.
(C) A description of any environmental, legal, or tactical
challenges associated with each site.
(D) A detailed description of the infrastructure needed and
costs associated with each site.
(E) A summary of any completed or outstanding environmental
impact statements (EIS) on each site.
(F) An operational evaluation and cost analysis of the
deployment of transportable ground-based interceptors,
including an identification of potential sites, including in
the eastern United States and at Vandenberg Air Force Base,
and an examination of any environmental, legal, or tactical
challenges associated with such deployments, including to any
sites identified in subparagraph (A).
(G) A determination of the appropriate fleet mix of ground-
based interceptor kill vehicles and boosters to maximize
overall system effectiveness and increase its capacity and
capability, including the costs and benefits of continued
inclusion of capability enhancement II (CE-II) Block 1
interceptors after the fielding of the redesigned kill
vehicle.
(H) A description of the planned improvements to homeland
ballistic missile defense sensor and discrimination
capabilities and an assessment of the expected operational
benefits of such improvements to homeland ballistic missile
defense.
(I) The costs and benefits of supplementing ground-based
midcourse defense elements with other, more distributed,
elements, including both Aegis ships and Aegis Ashore
installations with Standard Missile-3 Block IIA and other
interceptors in Hawaii and at other locations for homeland
missile defense.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.

SEC. 1699H. EVALUATION AND EVOLUTION OF TERRESTRIAL GROUND-
BASED MIDCOURSE DEFENSE SENSORS.

(a) Report to Congress.--
(1) In general.--Unless otherwise directed or recommended
by the BMDR, not later than 90 days after the date of the
enactment of this Act, the Director of the Missile Defense
Agency, in coordination with the Secretary of the Air Force,
shall submit to the congressional defense committees a report
on the status of the integrated layers of missile defense
radars.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A detailed analysis of the expected improvements
resulting from the integration of the Long Range
Discrimination Radar into the missile defense system
architecture of the United States, including--
(i) any adjustments to homeland missile defense tactics,
techniques, and procedures;
(ii) possible adjustments to ground-based midcourse defense
shot-doctrine and required interceptor capacity;
(iii) possibilities for direct integration with Fort
Greely's Command and Control node; and
(iv) impacts on regional missile defense systems including
Aegis Ballistic Missile Defense, Aegis Ashore, and Terminal
High Altitude Area Defense.
(B) A detailed comparison of the capabilities of Long Range
Discrimination Radar and the COBRA DANE radar, including--
(i) the unique capabilities of each radar;
(ii) the overlapping capabilities of each radar; and
(iii) the advantages and disadvantages of each radar's
location.
(C) A modernization plan and costs for the long-term
continued operations and maintenance of the COBRA DANE radar
or a plan to replace its capability if COBRA DANE cannot
remain operational, and the costs associated with each plan.
(b) Assessment by Comptroller General of the United
States.--Not later than 90 days after the date on which the
Director submits the report under subsection (a)(1), the
Comptroller General of the United States shall--
(1) complete a review of the plan required by subsection
(a)(2)(C); and
(2) submit to the congressional defense committees a report
on such review that includes the findings and recommendations
of the Comptroller General.
(c) Form.--The reports submitted subsections (a) and (b)
shall be submitted in unclassified form, but may include a
classified annex.

SEC. 1699I. AUTHORIZATION FOR MORE GROUND-BASED MIDCOURSE
DEFENSE TESTING.

(a) Sense of Congress.--It is the sense of Congress that--
(1) at a minimum, the Missile Defense Agency should
continue to flight test the ground-based midcourse defense
element at least once each fiscal year;
(2) the Department of Defense should allocate increased
funding to homeland missile defense testing to ensure that
our defenses continue to evolve faster than the threats
against which they are postured to defend while pursuing a
robust acquisition process;
(3) in order to rapidly innovate, develop, and field new
technologies, the Director of the Missile Defense Agency
should continue to focus testing campaigns on delivering
increased capabilities to the Armed Forces as quickly as
possible; and
(4) the Director of the Missile Defense Agency should seek
to establish a more prudent balance between risk mitigation
and the more rapid testing pace needed to quickly develop and
deliver new capabilities to the Armed Forces.
(b) Report to Congress.--
(1) In general.--Unless otherwise directed or recommended
by the BMDR, not later than 90 days after the date of the
enactment of this Act, the Director of the Missile Defense
Agency shall submit to the congressional defense committees a
revised missile defense testing campaign plan that
accelerates the development and deployment of new missile
defense technologies.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A detailed analysis of the costs and benefits of
accelerating each following programs:
(i) Redesigned kill vehicle.
(ii) Multi-object kill vehicle.
(iii) Configuration-3 booster.
(iv) Lasers mounted on small unmanned aerial vehicles.
(v) Space-based missile defense sensor architecture.
(vi) Such additional technologies as the Director considers
appropriate.
(B) A new deployment timeline for each of the programs in
listed in subparagraph (A) or a detailed description of why
the current timeline for deployment technologies under those
programs is most suitable.
(C) An identification of any funding or policy restrictions
that would slow down the deployment of the technologies under
the programs listed in subparagraph (A).
(D) A risk assessment of the potential cost-overruns and
deployment delays that may be encountered in the expedited
development process of the capabilities under paragraph (1).
(c) Report on Funding Profile.--The Director shall include
with the budget justification materials submitted to Congress
in support of the budget of the Department of Defense for
fiscal year 2018 (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) a report on the funding profile necessary for the new
testing campaign plan required by subsection (b)(1).

amendment no. 106 offered by Mr. hunter of california

Page 711, beginning line 3, strike ``Except as provided in
subsection (b), the'' and insert ``The''.
Page 711, strike lines 7 through 15 and insert the
following:
(b) Certification.--Not later than 30 days after the date
of the enactment of this Act, the Service Acquisition
Executive responsible for each covered Distributed Common
Ground System shall certify to the appropriate congressional
committees that the procurement process for increments of the
system procured after the date of the enactment of this Act
will be carried out in accordance with section 2377 of title
10, United States Code.

amendment no. 107 offered by Mr. rogers of alabama

At the end of title XXII, add the following new section:

SEC. 2207. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2016 PROJECT.

In the case of the authorization contained in the table in
section 2201(b) of the National Defense Authorization Act for
Fiscal Year 2016 (division B of Public Law 114-92; 129 Stat.
1150) for construction of an Aegis Ashore Missile Defense
Complex at RedziKowo Base, Poland, the Secretary of the Navy
may construct a 6,180 square meter multipurpose facility, for
the purposes of providing additional berthing space, using
amounts available for the project pursuant to the
authorization of appropriations in section 2204 of such Act.

The Acting CHAIR. Pursuant to House Resolution 440, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I inform my friend from Washington I
have no speakers on this en bloc package, and I reserve the balance of
my time.

[[Page H5855]]

Mr. SMITH of Washington. Mr. Chairman, I don't have any speakers
either, and I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I urge support, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.

Amendments En Bloc No. 6 Offered by Mr. Thornberry of Texas

Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 440, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 6 consisting of amendment Nos. 108, 109, 110,
111, 112, 113, 114, 115, 116, 117, 118, 119, 120, and 121 printed in
House Report 115-217, offered by Mr. Thornberry of Texas:

amendment no. 108 Offered by Mr. Simpson of Idaho

Insert after section 2822 the following new section (and
redesignate the succeeding provisions accordingly):

SEC. 2823. LAND CONVEYANCE, MOUNTAIN HOME AIR FORCE BASE,
IDAHO.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to the City of Mountain Home, Idaho (in this
section referred to as the ``City'') all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 4.25 miles of railroad spur located near
Mountain Home Air Force Base, Idaho, as further described in
subsection (c), for the purpose of economic development.
(b) Consideration.--
(1) Consideration required.--As consideration for the land
conveyed under subsection (a), the City shall pay to the
Secretary an amount equal to the fair market value of the
land, as determined by an appraisal approved by the
Secretary. The City shall provide an amount that is
acceptable to the Secretary, whether by cash payment, in-kind
consideration as described under paragraph (2), or a
combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facility or infrastructure under
the jurisdiction of the Secretary.
(3) Treatment of consideration received.--Consideration in
the form of cash payment received by the Secretary under
paragraph (1) shall be deposited in the separate fund in the
Treasury described in section 572(a)(1) of title 40, United
States Code.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary of the Air Force
shall publish a final map and legal description of the
property to be conveyed under subsection (a), except that the
Secretary may correct minor errors in the map and legal
description after its initial publication.
(2) Availability.--The map and legal description under this
subsection shall be on file and available for public
inspection.
(d) Payment of Costs of Conveyance.--
(1) Payment authorized.--The Secretary of the Air Force may
require the City to cover the costs to be incurred by the
Secretary, or to reimburse the Secretary for the costs
incurred by the Secretary, in carrying out the conveyance
under subsection (a), including survey costs, the costs of
environmental documentation, and other administrative costs
relating to the conveyance (other than costs for
environmental remediation of the property conveyed). If
amounts are collected from the City in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Reservation of Use by Secretary.--After the conveyance
under subsection (a), the City shall allow the Secretary of
the Air Force to temporarily use, for urgent reasons of
national defense and at no cost to the Secretary, all or a
portion of the property conveyed under subsection (a).
(f) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.

amendment no. 109 Offered by Mr. Bishop of Utah

Insert after section 2825 the following new section (and
redesignate the succeeding sections accordingly):

SEC. 2826. REMOVAL OF CERTAIN DEED RESTRICTIONS AND
REVERSIONS ASSOCIATED WITH CONVEYANCE OF
PROPERTY OF FORMER DEFENSE DEPOT OGDEN, UTAH.

(a) Negotiations to Remove Restrictions and Reversions.--As
soon as practicable after the date of the enactment of this
Act, the Secretary of the Interior shall enter into
negotiations with the City of Ogden, Utah, and Weber County,
Utah, on agreements to remove deed restrictions and
reversionary provisions on the remaining property of the
former Defense Depot Ogden.
(b) Contents of Agreement.--The agreements entered into
pursuant to subsection (a) shall include such terms and
conditions as may be agreed to by the Secretary of the
Interior and the City of Ogden and Weber County (as the case
may be), except that the following terms and conditions shall
apply:
(1) The Secretary may not remove the deed restrictions and
reversionary provisions on the property of the former Defense
Depot Ogden until there is a ratified agreement between the
Secretary and the City of Ogden or Weber County (as the case
may be) to encumber other specific properties owned by the
City or County with the same appropriate reversionary
interests in favor of the United States as are in effect with
respect to the property of the former Defense Depot Ogden as
of the date of the enactment of this Act.
(2) The properties of the City of Ogden or Weber County (as
the case may be) that are encumbered pursuant to paragraph
(1) shall have approximately equal value to the property of
the former Defense Depot Ogden for which the deed
restrictions and reversionary provisions are removed under
the agreement.
(3) The City of Ogden and Weber County shall pay the costs
(except any costs for environmental remediation of the
property) to be incurred by the Secretary, or to reimburse
the Secretary for such reasonable and customary
administrative expenses incurred by the Secretary, to carry
out the agreement with respect to the City or County (as the
case may be), including survey and appraisal costs. If
amounts are collected from the City of Ogden or Weber County
in advance of the Secretary incurring the actual costs, and
the amount collected exceeds the costs actually incurred by
the Secretary to carry out the agreement with respect to the
City or County, the Secretary shall refund the excess amount
to the City or County.

amendment no. 110 Offered by Mrs. Bustos of Illinois

Add at the end of subtitle B of title XXVIII the following:

SEC. 28__. CERTIFICATION RELATED TO CERTAIN ACQUISITIONS OR
LEASES OF REAL PROPERTY.

Section 2662(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking the period at the end and
inserting the following: ``, as well as the certification
described in paragraph (5).''; and
(2) by adding at the end the following:
``(5) For purposes of paragraph (2), the certification
described in this paragraph with respect to an acquisition or
lease of real property is a certification that the Secretary
concerned--
``(A) evaluated the feasibility of using space in property
under the jurisdiction of the Department of Defense to
satisfy the purposes of the acquisition or lease; and
``(B) determined that--
``(i) space in property under the jurisdiction of the
Department of Defense is not reasonably available to be used
to satisfy the purposes of the acquisition or lease;
``(ii) acquiring the property or entering into the lease
would be more cost-effective than the use of the Department
of Defense property; or
``(iii) the use of the Department of Defense property would
interfere with the ongoing military mission of the
property.''.

amendment no. 111 Offered by Mr. Brat of Virginia

At the end of subtitle B of title XXVIII (page 854, after
line 24), add the following:

SEC. 2818. IMPROVED PROCESS FOR DISPOSAL OF DEPARTMENT OF
DEFENSE SURPLUS REAL PROPERTY LOCATED OVERSEAS.

(a) Petition to Acquire Surplus Property.--2687a of title
10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Petition Process for Disposal of Overseas Surplus
Real Property.--(1) The Secretary of Defense shall establish
a process by which a foreign government may request the
transfer of surplus real property or improvements under the
jurisdiction of the Department of Defense in the foreign
country.
``(2) Upon the receipt of a petition under this subsection,
the Secretary shall determine within 90 days whether the
property or improvement subject to the petition is surplus.
If surplus, the Secretary shall seek to enter into an
agreement with the foreign government within one year for the
disposal of the property.
``(3) If real property or an improvement is determined not
to be surplus, the Secretary

[[Page H5856]]

shall not be obligated to consider another petition involving
the same property or improvement for five years beginning on
the date on which the initial determination was made.''.
(b) Additional Use of Department of Defense Overseas
Military Facility Investment Recovery Account.--Section
2687a(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``property disposal
agreement,'' after ``forces agreement,''; and
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) military readiness programs.''.
(c) Reporting Requirement.--Section 2687a(a) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) A report under paragraph (1) also shall specify the
following:
``(A) The number of petitions received under subsection (g)
from foreign governments requesting the transfer of surplus
real property or improvements under the jurisdiction of the
Department of Defense overseas.
``(B) The status of each petition, including whether
reviewed, denied, or granted.
``(C) The implementation status of each granted
petition.''.

amendment no. 112 Offered by Mr. Rice of South Carolina

Add at the end of subtitle G of title XXVIII the following
new section:

SEC. 2863. PERMITTING MACHINE ROOM-LESS ELEVATORS IN
DEPARTMENT OF DEFENSE FACILITIES.

(a) In General.--The Secretary of Defense shall issue
modifications to all relevant construction and facilities
specifications to ensure that machine room-less elevators
(MRLs) are not prohibited in buildings and facilities
throughout the Department of Defense, including modifications
to the Unified Facilities Guide Specifications (UFGS), the
Naval Facilities Engineering Command Interim Technical
Guidance, and the Army Corps of Engineers Engineering and
Construction Bulletin.
(b) Conforming to Best Practices.--In addition to the
modifications required under subsection (a), the Secretary
may issue further modifications to conform generally with
commercial best practices as reflected in the safety code for
elevators and escalators as issued by the American Society of
Mechanical Engineers.
(c) Deadlines.--The Secretary shall promulgate interim MRL
standards not later than 180 days after the date of the
enactment of this Act, and shall issue final and formal MRL
specifications not later than 1 year after the date of the
enactment of this Act.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue a report to
the congressional defense committees on the integration and
utilization of MRLs, including information on quantity,
location, problems, and successes.

amendment no. 113 Offered by Mr. Ben Ray Lujan of New Mexico

At the end of subtitle B of title XXXI, add the following
new section:

SEC. 3124. PLUTONIUM CAPABILITIES.

(a) Report.--Not later than 30 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
shall submit to the congressional defense committees, the
Secretary of Defense, and the Comptroller General of the
United States a report on the recommended alternative
endorsed by the Administrator for recapitalization of
plutonium science and production capabilities of the nuclear
security enterprise. The report shall identify the
recommended alternative endorsed by the Administrator and
contain the analysis of alternatives, including costs, upon
which the Administrator relied in making such endorsement.
(b) Certification.--Not later than 60 days after the date
on which the Secretary of Defense receives the notification
under subsection (a), the Chairman of the Nuclear Weapons
Council shall submit to the congressional defense committees
the written certification of the Chairman regarding whether
the recommended alternative endorsed by the Administrator--
(1) is acceptable to the Secretary of Defense and the
Nuclear Weapons Council and meets the requirements of the
Secretary for plutonium pit production capacity and
capability;
(2) is likely to meet the pit production timelines and
milestones required by section 4219 of the Atomic Energy
Defense Act (50 U.S.C. 2538a);
(3) is likely to meet pit production timelines and
requirements responsive to military requirements;
(4) is cost effective and has reasonable near-term and
lifecycle costs that are minimized, to the extent
practicable, as compared to other alternatives, and has
tested and documented the sensitivity of the cost estimates
for each alternative to risks and changes in key assumptions;
(5) contains minimized and manageable risks as compared to
other alternatives;
(6) can be acceptably reconciled with any differences in
the conclusions made by the Office of Cost Assessment and
Program Evaluation of the Department of Defense in the
business case analysis of plutonium pit production capability
issued in 2013; and
(7) has documented the assumptions and constraints used in
the analysis of alternatives.
(c) Failure to Certify.--If the Chairman is unable to
submit the certification under subsection (b), the Chairman
shall submit to the congressional defense committees and the
Administrator written notification describing why the
Chairman is unable to make such certification and what steps
the Administrator should take to improve the plan of the
Administrator to recapitalize plutonium pit production
capacity and capability to enable certification.
(d) Assessment.--Not later than 120 days after the date on
which the Comptroller General receives the notification under
subsection (a), the Comptroller General shall provide to the
congressional defense committees a briefing containing the
assessment of the Comptroller General of the analysis of
alternatives conducted by the Administrator to select a
preferred alternative for recapitalizing plutonium science
and production capabilities.

amendment no. 114 Offered by Mr. Larsen of Washington

At the end of subtitle B of title XXXI, add the following
new section:

SEC. 3124. PLAN FOR VERIFICATION, DETECTION, AND MONITORING
OF NUCLEAR WEAPONS AND FISSILE MATERIAL.

(a) Findings and Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) A January 2014 Defense Science Board report found that
``The nuclear future will not be a linear extrapolation of
the past. . . [and] [t]he technologies and processes designed
for current treaty verification and inspections are
inadequate to future monitoring realities''.
(B) Section 3133 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291) required an interagency plan for
nuclear monitoring of nuclear weapons and fissile material,
and section 3132 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) required an update
of such plan. In both instances, the reports submitted failed
to answer the congressional requirements, and instead
provided only a brief summary of the National Security
Council structure and processes.
(2) Sense of congress.--It is the sense of Congress that
verification, detection, and monitoring of nuclear weapons
and fissile material should be a priority for national
security, and that the reports submitted to date do not
reflect this priority, or the current and planned initiatives
related to nuclear verification and detection.
(b) Plan.--The President, in consultation with the
Secretary of State, the Secretary of Defense, the Secretary
of Energy, the Secretary of Homeland Security, and the
Director of National Intelligence, shall develop a plan for
verification and monitoring relating to the potential
proliferation of nuclear weapons, components of such weapons,
and fissile material.
(c) Elements.--The plan developed under subsection (b)
shall include the following:
(1) A plan and road map for verification, detection and
monitoring, with respect to policy, operations, and research,
development, testing, and evaluation, including--
(A) identifying requirements;
(B) costs and funding requirements over 10 years for such
nuclear verification, detection and monitoring; and
(C) identifying and integrating roles, responsibilities,
and planning for such nuclear verification, detection and
monitoring.
(2) A detailed international engagement plan for building
cooperation and transparency, including bilateral and
multilateral efforts, to improve inspections, detection, and
monitoring.
(3) A detailed description of--
(A) current and planned research and development efforts to
improve monitoring, detection, and in-field inspection and
analysis capabilities, including persistent surveillance,
remote monitoring, and rapid analysis of large data sets,
including open-source data; and
(B) measures to coordinate technical and operational
requirements early in the process.
(4) Engagement of relevant departments and agencies of the
Federal Government and the military departments (including
the Open Source Center and the United States Atomic Energy
Detection System), national laboratories, industry, and
academia.
(d) Designation of DOE.--The President shall designate the
Department of Energy as the lead agency for development of
the plan under subsection (b).
(e) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Energy, acting
through the Administrator for Nuclear Security, shall provide
to the appropriate congressional committees an interim
briefing on the plan under subsection (b).
(f) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2018
for the Department of Defense for supporting the Executive
Office of the President, $10,000,000 may not be obligated or
expended until the date on which the President submits to the
appropriate congressional committees the plan under
subsection (g)(1).
(g) Submission.--

[[Page H5857]]

(1) Deadline.--Not later than April 15, 2018, the President
shall submit to the appropriate congressional committees the
plan developed under subsection (b).
(2) Form.--The plan under subsection (b) shall be
transmitted in unclassified form, but, consistent with the
protection of intelligence sources and methods, may include a
classified annex.
(h) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives.
(3) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives.
(5) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce of the
House of Representatives.

amendment no. 115 Offered by Mr. Carbajal of California

At the end of subtitle C of title XXXI, add the following
new section:

SEC. 3139. PLAN TO FURTHER MINIMIZE THE USE OF HIGHLY
ENRICHED URANIUM FOR MEDICAL ISOTOPES.

(a) Plan.--The Secretary of Energy, in consultation with
the Secretary of State, shall develop and assess a plan,
including with respect to the benefits, risks, costs, and
opportunities of the plan, to--
(1) take additional actions to promote the wider
utilization of molybdenum-99 and technetium-99m produced
without the use of highly enriched uranium targets, such as,
at a minimum, by--
(A) eliminating the availability of highly enriched uranium
for Mo-99 by buying back U.S.-origin highly enriched uranium
in raw or target form from global Mo-99 suppliers; and
(B) restricting or placing financial penalties on the
import of Mo-99 produced with highly enriched uranium
targets;
(2) work with global molybdenum suppliers and regulators to
reduce the proliferation hazard from reprocessing waste from
medical isotope production containing U.S.-origin highly
enriched uranium; and
(3) ensure an adequate supply of molybdenum-99 and
technetium-99 at all times, and both assess and mitigate any
risks to such supply during a transition to production
without the use of highly enriched uranium.
(b) Submission.--
(1) In general.--Not later than April 1, 2018, the
Secretary of Energy shall submit to the appropriate
congressional committees a report containing the plan and
assessment under subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(C) the Committee on Foreign Relations and the Committee on
Energy and Natural Resources of the Senate.

amendment no. 116 Offered by Mr. Hunter of California

At the end of title XXXV add the following:

SEC. __. FOREIGN SPILL PROTECTION.

(a) Short Title.--This section may be cited as the
``Foreign Spill Protection Act of 2017''.
(b) Liability of Owners and Operators of Foreign
Facilities.--
(1) Oil pollution control act amendments.--
(A) Definitions.--Section 1001 of the Oil Pollution Act of
1990 (33 U.S.C. 2701) is amended--
(i) in paragraph (26)(A)--

(I) in clause (ii), by striking ``onshore or offshore
facility, any person'' and inserting ``onshore facility,
offshore facility, or foreign offshore unit or other facility
located seaward of the exclusive economic zone, any person or
entity''; and
(II) in clause (iii), by striking ``offshore facility, the
person who'' and inserting ``offshore facility or foreign
offshore unit or other facility located seaward of the
exclusive economic zone, the person or entity that''; and

(ii) in paragraph (32)--

(I) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively;
(II) by inserting after subparagraph (C) the following:

``(D) Foreign facilities.--In the case of a foreign
offshore unit or other facility located seaward of the
exclusive economic zone, any person or other entity owning or
operating the facility, and any leaseholder, permit holder,
assignee, or holder of a right of use and easement granted
under applicable foreign law for the area in which the
facility is located.''; and

(III) in subparagraph (G), as so redesignated, by striking
``or offshore facility, the persons who'' and inserting ``,
offshore facility, or foreign offshore unit or other facility
located seaward of the exclusive economic zone, the persons
or entities that''.

(B) Actions on behalf of fund.--Section 1015(c) of the Oil
Pollution Act of 1990 (33 U.S.C. 2715(c)) is amended, in the
third sentence, by adding before the period at the end the
following: ``or other facility located seaward of the
exclusive economic zone''.
(2) Federal water pollution control act amendments.--
Section 311(a)(11) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(a)(11)) is amended--
(A) by striking ``and any facility'' and inserting ``any
facility''; and
(B) by inserting ``, and, for the purposes of applying
subsections (b), (c), (e), and (o), any foreign offshore unit
(as defined in section 1001 of the Oil Pollution Act) or any
other facility located seaward of the exclusive economic
zone'' after ``public vessel''.
(c) Continuation Pay.--For providing continuation pay under
section 356 of title 37, United States Code, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, to the ``Retired Pay'' account under the
heading ``Department of Homeland Security-Coast Guard'' in
the applicable appropriations Acts for the Department of
Homeland Security--
(1) $3,286,277 for fiscal year 2018; and
(2) $3,713,232 for fiscal year 2019.

amendment no. 117 Offered by Mr. Moulton of Massachusetts

At the end of subtitle C of title XII, add the following
new section:

SEC. 12_. STRATEGY FOR SYRIA AND IRAQ.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of State, submit to the
appropriate congressional committees a strategy for Syria and
Iraq.
(b) Elements.--The strategy required by paragraph (1) shall
include the following:
(1) A description of the political and military objectives
and end states for Syria and Iraq.
(2) A description of the plan for achieving the political
and military objectives and end states for Syria and Iraq,
including--
(A) with respect to Syria, a plan for political transition;
(B) with respect to Iraq--
(i) a plan for political reform and reconciliation among
ethnic groups and political parties; and
(ii) an assessment of the required future size and
structure of the Iraqi Security Forces, including irregular
forces; and
(C) a description of the roles and responsibilities of
United States allies and partners and other countries in the
region in establishing regional stability.
(3) A description of the military conditions that must be
met for the Islamic State of Iraq and Syria to be considered
defeated.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.

amendment no. 118 Offered by Mr. Langevin of Rhode Island

Page 409, after line 2, insert the following new section:

SEC. 1058. REPORT ON THE NATIONAL BIODEFENSE ANALYSIS AND
COUNTERMEASURES CENTER.

(a) Report.--Not later than December 31, 2017, the
Secretary of Defense shall submit to the appropriate
Congressional committees a report, prepared in consultation
with the officials listed in subsection (b), on the National
Biodefense Analysis and Countermeasures Center (referred to
in this section as the ``NBACC'') containing the following
information:
(1) The functions of the NBACC.
(2) The end users of the NBACC, including those whose
assets may be managed by other agencies.
(3) The cost and mission impact for each user identified
under paragraph (2) of any potential closure of the NBACC,
including an analysis of the functions of the NBACC that
cannot be replicated by other departments and agencies of the
Federal Government.
(4) In the case of closure of the NBACC, a transition plan
for any essential functions currently performed by the NBACC
to ensure mission continuity, including the storage of
samples needed for ongoing criminal cases.
(b) Consultation.--The officials listed in this subsection
are the following:
(1) The Secretary of Homeland Security.
(2) The Director of the Federal Bureau of Investigation.
(3) The Attorney General.
(4) The Director of National Intelligence.
(5) As determined by the Secretary of Homeland Security,
the leaders of other offices that utilize the NBACC.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
(d) Appropriate Congressional Committees Defined.--For
purposes of this section, the term ``appropriate
Congressional Committees'' means the Committees on
Appropriations of the Senate and the House of
Representatives, the Committees on Armed Services of the
Senate and the House of Representatives, the Committee on
Homeland Security of the House of Representatives, the
Committee on Homeland Security and Government Affairs of the
Senate, the Committees on Judiciary of the Senate and the

[[Page H5858]]

House of Representatives, and the Committee on Oversight and
Government Reform of the House of Representatives.

amendment no. 119 Offered by Mrs. Comstock of Virginia

At the end of subtitle B of title XVI, add the following
new section:

SEC. 16__. SENSE OF CONGRESS ON NEW COMMERCIAL SATELLITE
SERVICING ACTIVITIES.

It is the sense of Congress that--
(1) Government funding and support is an important element
in fostering the development of a robust marketplace of new
commercial satellite servicing activities; and
(2) the Federal Government should ensure that in its
actions it does not unduly or artificially distort
competition in the market for new commercial satellite
servicing activities.

amendment no. 120 Offered by Mr. Davidson of Ohio

At the end of subtitle H of title XII, add the following
new section:

SEC. 12_. PROHIBITION ON USE OF FUNDS TO CONDUCT MILITARY
OPERATIONS IN YEMEN.

(a) Prohibition.--No amounts authorized to be appropriated
by this Act or otherwise made available to the Department of
Defense for fiscal year 2018 may be made available to conduct
military operations in Yemen.
(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit the following:
(1) Activities carried out in full compliance with the
Authorization for Use of Military Force (Public Law 107-40;
50 U.S.C. 1541 note).
(2) The provision of humanitarian assistance.
(3) The defense of United States Armed Forces.
(4) Support for freedom of navigation operations.

amendment no. 121 Offered by Mr. Marino of Pennsylvania

At the end of title VIII (page 323, after line 4), add the
following new section:

SEC. 871. REPORT ON SOURCING OF TUNGSTEN AND TUNGSTEN POWDERS
FROM DOMESTIC PRODUCERS.

(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
procurement of tungsten and tungsten powders for military
applications.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An overview of the quantities and countries of origin
of tungsten and tungsten powders that are procured by the
Department of Defense or prime contractors of the Department
for military applications.
(2) An evaluation of the effects on the Department if
domestic-produced tungsten and tungsten powders are given
priority.
(3) An evaluation of the effects on the Department if
tungsten and tungsten powders are required to be procured
from only domestic producers.
(4) An estimate of any costs associated with domestic
sourcing requirements related to tungsten and tungsten
powders.

The Acting CHAIR. Pursuant to House Resolution 440, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Ohio (Mr. Davidson).
Mr. DAVIDSON. Mr. Chairman, I rise in support of my amendment No. 80
as en bloc No. 4.
My amendment encourages collaboration between the FAA and DOD on
unmanned aircraft systems so that the FAA may leverage the unique
capabilities and insights of the DOD. These are important activities as
the FAA moves forward with incorporating unmanned systems into the
national airspace.
The efforts highlighted in my amendment are already ongoing
activities between the FAA and the DOD, but more work needs to be done,
as documented in a 2014 joint report to Congress.
The Air Force Research Laboratory located at Wright-Patterson Air
Force Base, AFRL, in particular, has expertise in these sense-and-avoid
technologies. AFRL is planning to conduct unmanned aircraft research
activities at Springfield, Ohio's, Air National Guard base in Ohio's
Eighth District, upon FAA approval.
I am proud of our airmen and the work conducted at both Springfield
and Wright-Patterson and to offer this amendment to help the FAA make
good use of the capabilities located there.
I also rise in support of my amendment No. 120 as part of this en
bloc package.
The Acting CHAIR. The time of the gentleman has expired.
Mr. THORNBERRY. Mr. Chairman, I yield the gentleman an additional 30
seconds.
Mr. DAVIDSON. My amendment is critical for ensuring Congress reclaims
its war-making powers by prohibiting funding for U.S. operations in
Yemen that are not in compliance with the 2001 AUMF. I am concerned
about any U.S. operations in Yemen that are outside the scope of the
current AUMF and have no identifiable authorization from Congress.
My amendment is very simple. If the military operation is within the
scope of the 2001 AUMF, it is permissible. If it has not been
authorized by Congress, then it is not permissible.
I look forward to working with the chairman and my colleagues in the
Senate to ensure this provision is adopted in the final NDAA conference
report.
Mr. SMITH of Washington. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I urge support of this bill. I want to begin by
thanking the chairman and all of the members of the committee. As has
been noted many times, this is the most bipartisan committee in
Congress; and I think, once again, even in difficult circumstances, we
have proved that this year. That is, in large part, due to the
leadership of Chairman Thornberry. I thank him for that.
I also thank our staff, which does an unbelievable job. There are
hundreds, if not thousands of amendments, that come at them. They
manage that. You see the very few that actually come through either in
committee or on the floor. They work through literally thousands of
ideas and do an amazing job, so I really want to thank our staff for
their great work.
In particular, I want to thank Vickie Plunkett. This will be her last
markup. She is retiring. She has done a fabulous job for our staff. She
basically exemplifies everything I just said about how great our staff
is, how they work in a bipartisan manner and do a great job to serve
our country. So, I thank Vickie for her incredible service to our
committee and to the country.
Mr. Chairman, I think this is a good bill that we should support
because, make no mistake about it, what the chairman and many others
have said is true: we face a complex threat environment. The U.S.
national security is at risk.
I take Mr. Nolan from Minnesota's point that spending a lot of money
on wars that we didn't need to engage in does cost us at home, and that
point is valid, but so is the point that we face threats we must
confront.
North Korea is testing intercontinental ballistic missiles. It is no
doubt that their goal is to develop a nuclear missile, capable of
striking the U.S.
Being from the West Coast--and they always say that it could hit
Seattle. I don't know why they don't talk about any other city on the
West Coast. It could hit a lot of different places. We need to be
worried about that. We need to be prepared to stop that.
Russia continues to undermine not just our elections, but democracy
itself, across Europe, and even down in the Middle East and Africa. We
need to be prepared to confront that.
We face a terrorist threat. 9/11 killed 3,000 people in this country
because we weren't ready to prevent it. The groups that supported that
attack have not gone away; they have metastasized.
Now, I will completely agree with some of my friends on the left, who
think that the terrorism threat is often overblown. I think it is often
also a mistake to demonize the Muslim religion. And even though I know
some people don't do that, they simply want to confront groups like al-
Qaida and ISIS, Steve Bannon, who works right next to the White House,
has said that Islam is a totalitarian ideology of subjugation, it is
not a religion. He thinks all Muslims are a threat.
To the extent that we adopt a national security policy that views the
world that way, we make the problem worse. That is what ISIS wants;
that is what al-Qaida wants. They want a clash of civilizations. We
should not want that. They have killed more Muslims than any other
religion on Earth. Muslims have the biggest stake in this. We must work
with them, not against them, to confront that terrorist threat that
ISIS and al-Qaida and others present.
On the broader budget issue, as I mentioned a couple of times, the
first 6 months of this year, we had a number

[[Page H5859]]

of folks in the Pentagon come over and spell out all kinds of nightmare
scenarios about every bad thing that could conceivably happen--some of
ones that I mentioned, and hundreds of others that I haven't. And I
understand that. That is their job. Their job is to worry about what
could come at us.

But, past a certain point, that isn't helpful. We need a plan, we
need a strategy to confront this, and we need to make choices. That is
the one thing that I am still concerned about with this bill. It really
doesn't make choices. It continues to spend money in a variety of
different places, without a recognition of finite resources and choices
that need to be made about how to confront the threats that are most
dangerous to us--how to spend that money in the best way possible. That
is something that I think we need to work on going forward.
We also have the budget problem that I described. And I won't give
the same full speech that I gave before, but I will simplify it and say
that there is a consensus in Congress and in the country that we need
to balance the budget without raising taxes and without cutting any
programs that people might like. That doesn't work. It simply is not
possible. It doesn't add up.
That is why we don't have a budget resolution. Any budget resolution
that the Republican Congress could put on the floor will fail to meet
some of the promises that they, and others, have made. We have got to
be honest about that, because this bill, again, is $72 billion over the
budget caps. It is actually $91 billion over the budget caps, if you
add in--well, sorry, $81 billion over the budget caps, if you add in
the money that we took from OCO to put into the base.
So, if we do not raise the budget caps, this goes away and leaves us,
once again, in the land of uncertainty for the Department of Defense.
We have to make choices on the budget going forward so that we don't
leave the Defense Department in the lurch, not knowing how much money
that they are going to have. So, we still don't have a budget
resolution in front of us.
And, lastly, I do want to point out that the rest of the budget does
matter. The chairman and I have had a little bit of an argument about
this: we are the Armed Services Committee, we should pay attention to
that; you know, don't sacrifice our troops for the sake of domestic--he
always says political priorities. That is the one word in his argument
that I find not really appropriate.
There is nothing political about it. It is a policy choice. It is
basically deciding what domestic priorities are important.
And, make no mistake about it, the discretionary budget is a zero-sum
game. I mentioned yesterday the President's budget: a $54 billion plus-
up for defense, and $54 billion cut from nondefense discretionary. So
don't tell me that one thing doesn't have anything to do with the
other.
But even the so-called budget resolution, the budget agreement that
the House Republicans have come up with, but have not yet dared to put
to a vote, has a $72 billion plus-up for defense, and a $5 billion cut
for domestic spending. So, again, the two are absolutely connected.
What are we talking about with domestic spending? I won't go through
all of it. I will just mention a couple of things.
Yesterday, I mentioned our infrastructure. Bridges are collapsing all
across the country. I saw a big story yesterday about how the Memorial
Bridge is about to fall down. We have incredible infrastructure needs
that lead to the strength of our country that are connected, just like
national defense is to the strength of this Nation.
But another example, the Fred Hutchinson Cancer Research Center--it
is close to my district, it is in Seattle--is doing incredible research
right now, that figured out how to not use chemotherapy but actually go
in, take out the white blood cells that aren't working, get them to
work, and send them back in to successfully fight cancer. This has
worked for blood cancers. They just started studies on lung cancer.
But, basically, we could cure cancer, without going through the hell of
chemo. The President's budget would cut Fred Hutchinson's funding by
over two-thirds.
I don't think curing cancer is a political agenda. That is a very
real need that has an incredible impact on the lives of Americans, just
like national security. It is like making sure that North Korea doesn't
hit us with a nuclear weapon, making sure that terrorist groups don't
attack us. Curing cancer, stopping bridges from collapsing, these are
priorities.

{time} 1015

Because we are not making budget choices, these are priorities that
get pushed aside. And if you plus-up defense and take it from
nondefense discretionary, then you are having that very real impact.
Now, I am not going to say it has to be dollar for dollar. I think it
probably should be, but we can negotiate around that. But to simply gut
the nondefense discretionary budget to plus-up defense does not make
this country safer.
We heard yesterday, hey, in a time of war, you make domestic
sacrifices. And we have all read about World War II, all the domestic
sacrifices that were made at that time. I get that.
But you know what else you do in a time of war? Well, you don't cut
taxes. You raise them. Prior to 2001, we had never gone to war without
raising taxes or issuing war bonds or, basically, asking for more
money. But that, of course, we cannot do.
Again, I will say I care enough about the national security of this
country, I would raise taxes to pay for it instead of simply adding to
the deficit or stopping the ability of somebody like the Fred
Hutchinson Cancer Research Center from finding a cure for cancer. That
is the choice that I would make. These choices are not being made in
this budget resolution, and I think that places us at risk.
Lastly, the nondefense discretionary budget is the State Department,
it is USAID, it is the Department of Homeland Security. If you are
going to have a national security strategy, it can't just be the
military. And you know who will tell you that more often than anybody?
The military. They don't want to bear the entire burden.
General Secretary Mattis had the best quote on this. If you are going
to cut diplomacy, if you are going to cut development, you better give
me four more divisions because that is how many more wars I am going to
have to fight.
So to say we are going to add all this money to defense, and defense
is so important, and if you are against it because of other priorities,
then you just don't care about the troops, is incredibly disingenuous
because all of these other things matter to the national security of
this country. And all we are getting out of the majority right now is
an effort to plus-up defense at the expense of everything else.
I say an effort because they haven't actually voted on it yet. It
hasn't actually happened. And it is more likely than not that this
bill--good, though, it is--and the great work that has been done on a
number of different policy divisions that don't have anything to do
with the money, the good work on acquisition reform to try to make sure
we get more for the money that we spend, all of that is in jeopardy
because this bill has at least $72 billion in it over the budget caps
that is, more likely than not, not going to be there come October 1 or
the end of this year.
So if we don't make the choices on the budget that reflect the
priorities of the entire country, that actually reflect the budget
numbers, then we are doing a disservice to the men and women who serve
our country.
It is a good bill. It is going to be better once we figure out the
budget issues and actually start making the choices that are necessary
to make us stronger in every aspect of society.
Mr. Chairman, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I fully agree with the gentleman from Washington when
he expresses his appreciation to the members of our committee. Each one
of the 62 members of our committee has contributed to the bill that is
here before us today and, as the Chair knows, we have had more
amendments considered over the last 3 days than ever before for a
National Defense Authorization bill. So Members of the whole body have
contributed in many ways.

[[Page H5860]]

I also agree with the gentleman that our staff on both sides of the
aisle, led by Jenness Simler and Paul Arcangeli, have done a terrific
job in helping to manage this process and to shape and guide what has
been historic levels of interest by Members on particular provisions.
Mr. Chairman, I think that you would find among our committee
virtually, if not unanimous, agreement on two points. One is we live in
an increasingly dangerous world. The second one is we have done deep
damage to our military because of the budgets cuts, the continuing
resolutions, the erratic nature of funding over the last few years.
Certainly, the members of our committee who go out and actually talk
to the people who serve have heard, seen, witnessed firsthand airplanes
that can't fly, ships that can't sail, training that has not gone on,
movers--we are trying to save money for the military, so we are hiring
cut-rate movers, and members of the military are experiencing
incredible damage to their household goods as they are shuffled about
from place to place involuntarily. Sometimes there are movers with
criminal records who can't actually get on the military base they are
supposed to be delivering to. I mean, just example after example of how
these cuts have affected the men and women who serve.
And as Secretary Mattis says, the only reason we are doing so well
around the world is because they have sucked it up and borne the
burden. Deep damage that this bill starts to reverse.
I appreciate all the Members who support fixing our planes, getting
the training, having ships that sail, better missile defense, all the
things that are in this bill.
I am not going to engage in a detailed discussion about the budget.
The gentleman and I discuss this frequently.
I would just say, Mr. Chairman, I believe the first obligation of the
Federal Government is to defend the country. Article I, section 8 says
that Congress has the power and the responsibility to raise and support
armies, provide and maintain navies, provide the rules and regulations
for the military forces of the United States. That is our job, and I
think that is our first job.
So I agree that some of the cuts that have been proposed in other
domestic programs, discretionary programs, are inappropriate, and we
ought to evaluate each of them on their merits. And that continues to
be my point when it comes to defense.
We evaluate our obligations to the country and to the men and women
who serve, based on the merits of this argument. We don't tie it to
other domestic programs. We do not say we are only going to increase
defense to fix our planes if we can increase the EPA an equal amount.
We don't tie it to other things.
The obligations to the men and women who risk their lives stand on
their own, and that, at least in my view, is our first obligation.
Now, when we start talking about budgets, we get into all sorts of
conversations about how mandatory spending is really where more than
two-thirds of the budget is; how that is what has been growing; how
defense is down to about 16 percent of the budget, and as it has been
shrinking, the deficit has been going up. Obviously, defense is not the
cause when it comes to deficits.
We can also, when we talk about tax, start talking about economic
growth and this lackluster growth that the economy has suffered, at
least over the last 8 years, and the need to get things going to help
with the deficit.
Lots of issues to discuss, but the issue before us today is how we
fulfill our responsibilities to the men and women who serve and to the
country that is relying on us to protect them from missiles, to help
protect them from terrorist attacks, to support the men and women who
are actually performing those missions.
I think this bill advances that cause. A number of Members on both
sides of the aisle have contributed to it. I think and hope it deserves
the support of most all Members of the House, and I urge support for
this en bloc package.
Mr. Chairman, I yield back the balance of my time.
Mr. CARBAJAL. Mr. Chair, as we prepare to vote on the final passage
of the National Defense Authorization Act I am extremely concerned
about the lack of discussion and debate on the issue of Russia.
As a member of the House Armed Services Committee, I have heard from
the leaders of our military and there is no question about the threat
Russia poses to our national security.
It is alarming to me that a number of amendments, which purpose was
to gain better situational awareness on various Russian activities,
were not debated on the floor this week.
Despite the fact that Russia has continuously attacked and interfered
with our country's democratic process, while continuing to threaten the
democracy and sovereignty of other states, this body has decided to
avoid a robust discussion on the concerning actions of Russia.
Mr. Chair, it is obvious that we have not adequately addressed the
threat Russia poses to our nation.
Reasonable amendments like mine that would have assessed Russia's
disinformation and propaganda activities along with its support for
separatist activities were not made in order. Mr. Chair, why would we
not want more information on these concerning activities?
My amendment would have also assessed the suppressive democratic
conditions in Russia. Is this body no longer concerned about human
rights?
I believe it is the responsibility of Congress to fully understand
and assess the threats other countries pose on our national security.
I have no doubt that my colleagues on the other side of the aisle
will agree with me that Russia has demonstrated to be a threat to the
security of our nation. As such why aren't we doing more to address
this threat?
Mr. Chair, this Congress needs to have a discussion on how we can
most effectively combat the aggressive actions of Russia, and it is
disappointing that we were unable to do this during the consideration
of the National Defense Authorization Act.
Mrs. BUSTOS. Mr. Chair, I rise in support of my amendment to cut
waste and strengthen our military installations.
This amendment would require the Department of Defense to ensure that
there is not usable space available on a military installation before
entering into expensive leases or purchasing additional property.
To put this into context, you wouldn't lease space in a parking lot
if you already had room in your own garage to park your car.
This amendment is needed because, while asking for another round of
base realignments and closures, the Department of Defense leased more
than 6,000 buildings in fiscal year 2015 instead of using available
space that it already owns.
That sounds like a waste to me.
My Congressional district is home to the Rock Island Arsenal, and
we're proud to have it as part of our community.
It houses the Army's only remaining foundry and employs more than
6,000 hardworking people.
But like many of our military installations, it has room for more.
We should be using facilities like the Arsenal to their full
potential, especially when it means we can reduce overall costs.
That's why I'm offering this amendment today.
I want to thank my bipartisan cosponsors Congressmen Paul Gosar, Dave
Loebsack and Walter Jones for their support of this amendment.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.

Amendment No. 122 Offered by Ms. Tenney

The Acting CHAIR. It is now in order to consider amendment No. 122
printed in House Report 115-217.
Ms. TENNEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle C of title VIII, add the following
new section:

SEC. 860A. ADDITION OF DOMESTICALLY PRODUCED STAINLESS STEEL
FLATWARE TO THE BERRY AMENDMENT.

(a) In General.--Section 2533a(b) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(3) Stainless steel flatware.''.
(b) Effective Date.--Section 2533a(b)(3) of title 10,
United States Code, as added by subsection (a), shall apply
with respect to contracts entered into after the date
occurring one year after the date of the enactment of this
Act.

The Acting CHAIR. Pursuant to House Resolution 440, the gentlewoman
from New York (Ms. Tenney) and a Member opposed each will control 5
minutes.

[[Page H5861]]

The Chair recognizes the gentlewoman from New York.
Ms. TENNEY. Mr. Chairman, my constituents are discouraged. They are
fed up with political elites who have failed to represent them, and
with special interest groups who, too often, put impractical dogma
before practical policy.
In the Rust Belt region I represent in upstate New York, the impact
of this has been devastating: devastating job losses, economic
stagnation, and the massive out-migration of people and jobs, the
largest in the Nation.
In my district, Mr. Chairman, decline has bred despair, which has
spurred a host of other problems. In light of all this, I was elected
to Congress with a strong mission to reverse the tide and to revitalize
our upstate communities to the greatness and innovation they once
experienced.
I am the voice for my constituents who have been left behind, and I
am fighting to bring my district back on path toward individual
prosperity and economic revival.
Mr. Chairman, my amendment uniquely achieves both. There is nothing
new or groundbreaking about my amendment. Simply put, it reinstates a
domestic sourcing provision for stainless steel flatware that was in
law for 30 years without issue. My amendment adds stainless steel
flatware back into the Berry amendment.
For 30 years, American-made flatware was covered under Berry.
However, the provision was removed in 2006 after Oneida Limited, the
only Berry-compliant manufacturer, ceased domestic operations.
In the void left by Oneida's departure came Sherrill Manufacturing, a
company in my district that, since 2008, has produced 100 percent
American-made flatware. And since 2008, Sherrill has been among the top
providers of flatware to the Department of Defense and GSA, fulfilling
more than $6.8 million in Federal contracts over an 8-year period.
All these products are being produced in the formerly closed factory
using refurbished Oneida Limited equipment, and also providing jobs for
many of the same employees who lost their jobs from Oneida's closure
after decades of service to that same closed factory. In fact, GSA has
repeatedly found Sherrill's flatware to be offered at fair and
reasonable prices, which is why the agency already purchases flatware
from Sherrill, independent of any domestic sourcing requirement.
Some domestic sourcing requirements may raise costs. No evidence has
been submitted to support the claim that my amendment will do that.
This alone should allay any concerns that taxpayers would be on the
hook for overly expensive flatware, should my amendment be adopted. But
if it isn't enough, then there is this:
My amendment retains all existing waivers under Berry, which means
that, if Sherrill's flatware becomes too expensive or is of poor
quality or insufficient quality, the DOD can find other sources.
Ultimately, Mr. Chairman, whenever we can create domestic sourcing
opportunities that reduce our military's dependence on imported goods
and strengthen domestic supply chains without significantly raising
procurement costs, we should. And this is what my amendment does.
Reinstating the Berry amendment's domestic sourcing requirement
represents a clear continuity in Federal procurement policy, not a
stark divergence. As I said, this provision was in effect for 30 years.
Thus far, there is one Berry-compliant manufacturer that happens to
be in my district and there should not be a problem with that, as we
hope many more producers return to the United States, where their
businesses were founded to provide robust competition.
I also support this amendment for the simple reason that it is good
policy. It gives a leg up to a robust domestic supply chain that spans
five States while reducing our military's logistical dependence on
imports.
Moreover, for the 30-year history of the Berry amendment's flatware
provision, there was only ever one domestic producer. Under the Berry
amendment, this is all that is required. And in Sherrill's case, we
know it is a producer that has a track record of offering flatware at
market rates.
Mr. Chairman, in districts like mine across the country that have
rusted-out factories that line the landscapes of far too many of my
communities, today we have an opportunity to fix this problem and
restore the once great Empire State and our Nation to the manufacturing
strength it once enjoyed. I urge my colleagues to support this
bipartisan measure.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Illinois (Mr. Lipinski), my colleague, for some comments.
Mr. LIPINSKI. Mr. Chairman, I rise in support of this amendment, and
I want to make one thing perfectly clear. American taxpayers want their
tax dollars to go to putting Americans to work. This amendment means
buy American and hire American. So I just want everyone to be clear. We
hear a lot about Buy American, Hire American. This is what this
amendment would do, and I urge all my colleagues to support this
amendment.
Ms. TENNEY. Mr. Chairman, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I claim time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I have tremendous respect and admiration for the
gentlewoman from New York and her efforts to represent her district,
her people, and try to make life better. It kind of relates to some of
the conversations Mr. Smith and I were just having about tax policy,
about industrial policy, about regulations, about how we have, in this
country, become less competitive internationally than we should.
However, I must oppose this amendment because the bottom line is that
it is not a matter of national security where the DOD buys its knives,
forks, and spoons.

{time} 1030

If Members needed further evidence of the wide range of issues which
we deal with in the National Defense Authorization Act, this bill is a
key example.
I think the gentlewoman accurately described the history. The Berry
amendment was passed in 1940 to make sure that food and textiles were
procured from the United States to support our military efforts.
In the 1970s, they put in a specialty metals provision, and attached
to that was a comma that said ``including flatware.'' So then it turned
out there wasn't anybody here at home that made flatware because of
these international competitive issues, and DOD came to us more than a
decade ago and said, ``Would you please get rid of that portion of the
Berry amendment?'' and we did.
Now the question is: Are we going to start adding back specific sorts
of items which DOD may buy and say you can only buy it from one place,
whether or not it is critical to our country's national security?
Now, the gentlewoman mentioned that GSA is buying some spoons and
knives and so forth from this manufacturer, and that is great. If we
do, I hope that happens, and I hope more jobs come to her district. But
to put into Federal law that the only place the Department of Defense
can buy its knives and forks and spoons is from this one company, I
think, starts to get us into micromanagement of industries and takes us
away from the focus of this bill, which should be the troops, what is
the best thing for them.
So with all my admiration for the gentlewoman, I oppose this
amendment. We cannot go down the road of adding category after category
after category of items to help our districts at the expense of our
troops and the best use of dollars when it is not a matter of vital
national security. I just don't think that the knives and forks we use
qualify as vital national security.
Mr. Chair, I oppose the amendment, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New York (Ms. Tenney).
The amendment was rejected.

Announcement by the Acting Chair

The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will

[[Page H5862]]

now resume on those amendments printed in House Report 115-217 on which
further proceedings were postponed, in the following order:
Amendment No. 13 by Mr. Franks of Arizona.
Amendment No. 15 by Mr. Lamborn of Colorado.
Amendment No. 17 by Mr. Byrne of Alabama.
Amendment No. 18 by Mr. Hunter of California.
Amendment No. 43 by Mr. McGovern of Massachusetts.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.

Amendment No. 13 Offered by Mr. Franks of Arizona

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Arizona
(Mr. Franks) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 208,
noes 217, not voting 8, as follows:

[Roll No. 372]

AYES--208

Abraham
Aderholt
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Comer
Conaway
Cook
Cramer
Crawford
Culberson
Davidson
Davis, Rodney
Denham
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Farenthold
Ferguson
Fleischmann
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Garrett
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jordan
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Lance
Latta
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Noem
Norman
Nunes
Olson
Palazzo
Palmer
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Rutherford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Valadao
Wagner
Walberg
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (IA)
Zeldin

NOES--217

Adams
Aguilar
Amash
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Buchanan
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Collins (NY)
Comstock
Connolly
Conyers
Cooper
Correa
Costa
Costello (PA)
Courtney
Crist
Crowley
Cuellar
Curbelo (FL)
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
Dent
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Hill
Himes
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lewis (MN)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meehan
Meng
Moore
Moulton
Murphy (FL)
Nadler
Neal
Newhouse
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Reichert
Rice (NY)
Richmond
Ros-Lehtinen
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Russell
Ryan (OH)
Sanchez
Sanford
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Soto
Speier
Stivers
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (AK)

NOT VOTING--8

Bilirakis
Cleaver
Cummings
Jones
Labrador
Meeks
Napolitano
Scalise

{time} 1057

Messrs. THOMPSON of Mississippi, VARGAS, Ms. SINEMA, Messrs.
NEWHOUSE, TROTT, FITZPATRICK, PETERSON, Mrs. TORRES, Messrs. FASO, and
LANGEVIN changed their vote from ``aye'' to ``no.''
Mrs. MIMI WALTERS of California changed her vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 15 Offered by Mr. Lamborn

The Acting CHAIR (Mr. Collins of Georgia). The unfinished business is
the demand for a recorded vote on the amendment offered by the
gentleman from Colorado (Mr. Lamborn) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 235,
noes 189, not voting 9, as follows:

[Roll No. 373]

AYES--235

[[Page H5863]]

McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Newhouse
Noem
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Ruiz
Ruppersberger
Russell
Rutherford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin

NOES--189

Adams
Aguilar
Amash
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Conyers
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Matsui
McCollum
McEachin
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pearce
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Rush
Ryan (OH)
Sanchez
Sanford
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sires
Slaughter
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOT VOTING--9

Bilirakis
Cleaver
Cummings
Jones
Labrador
Lamborn
Meeks
Napolitano
Scalise

{time} 1101

So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 17 Offered by Mr. Byrne

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Alabama
(Mr. Byrne) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 374]

AYES--244

Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Castor (FL)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Farenthold
Faso
Ferguson
Fleischmann
Flores
Fortenberry
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Garamendi
Garrett
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hastings
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (FL)
Newhouse
Noem
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Schweikert
Scott, Austin
Sessions
Shea-Porter
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (TX)
Smucker
Soto
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Vargas
Vela
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Wasserman Schultz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin

NOES--181

Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Conyers
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Fitzpatrick
Foster
Fudge
Gabbard
Gallego
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Heck
Higgins (NY)
Himes
Hoyer
Huffman
Jayapal
Jeffries
Johnson (GA)
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meng
Moore
Moulton
Murphy (PA)
Nadler
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Sensenbrenner
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (NJ)
Smith (WA)
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Titus
Tonko
Torres
Tsongas
Veasey
Velazquez
Visclosky
Walz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOT VOTING--8

Bilirakis
Cleaver
Cummings
Jones
Labrador
Meeks
Napolitano
Scalise

[[Page H5864]]

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1105

So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 18 Offered by Mr. Hunter

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Hunter) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 375]

AYES--234

Abraham
Aderholt
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Garrett
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Newhouse
Noem
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin

NOES--190

Adams
Aguilar
Amash
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Conyers
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOT VOTING--9

Bilirakis
Cleaver
Cummings
Jones
Labrador
Meeks
Napolitano
Perlmutter
Scalise

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1108

Ms. PELOSI changed her vote from ``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 43 Offered by Mr. McGovern

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from
Massachusetts (Mr. McGovern) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 376]

AYES--424

Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barragan
Barton
Bass
Beatty
Bera
Bergman
Beyer
Biggs
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Buck
Bucshon
Budd
Burgess
Bustos
Butterfield
Byrne
Calvert
Capuano
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Cheney
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Correa
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Crowley
Cuellar
Culberson
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Doyle, Michael F.
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Ellison
Emmer
Engel
Eshoo
Espaillat
Estes (KS)
Esty (CT)
Evans
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Fudge
Gabbard
Gaetz
Gallagher
Gallego
Garamendi
Garrett
Gianforte
Gibbs
Gohmert
Gomez
Gonzalez (TX)
Goodlatte
Gosar
Gottheimer
Gowdy
Granger
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guthrie
Gutierrez
Hanabusa
Handel
Harper
Harris
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Higgins (NY)
Hill
Himes
Holding
Hollingsworth
Hoyer
Hudson

[[Page H5865]]

Huffman
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lewis (MN)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marchant
Marino
Marshall
Massie
Mast
Matsui
McCarthy
McCaul
McClintock
McCollum
McEachin
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meng
Messer
Mitchell
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Neal
Newhouse
Noem
Nolan
Norcross
Norman
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Pallone
Palmer
Panetta
Pascrell
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pocan
Poe (TX)
Poliquin
Polis
Posey
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Rice (SC)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Rosen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce (CA)
Ruiz
Ruppersberger
Rush
Russell
Rutherford
Ryan (OH)
Sanchez
Sanford
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stewart
Stivers
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin

NOT VOTING--9

Bilirakis
Cleaver
Cummings
Graves (GA)
Jones
Labrador
Meeks
Napolitano
Scalise

Announcement by the Acting Chair

The Acting CHAIR (Mr. Simpson) (during the vote). There is 1 minute
remaining.

{time} 1112

Mr. CONYERS changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIR. There being no further amendments, under the rule,
the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Collins of Georgia) having assumed the chair, Mr. Simpson, Acting Chair
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
2810) to authorize appropriations for fiscal year 2018 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, and, pursuant to House Resolution 440, he reported the
bill, as amended by House Resolution 431, back to the House with sundry
further amendments adopted in the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any further amendment reported from
the Committee of the Whole? If not, the Chair will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.

Motion to Recommit

Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, I have a
motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Ms. MICHELLE LUJAN GRISHAM of New Mexico. I am opposed in its current
form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Ms. Michelle Lujan Grisham of New Mexico moves to recommit
H.R. 2810 to the Committee on Armed Services with
instructions to report the same back to the House forthwith,
with the following amendment:
At the end of subtitle D of title X, insert the following
new section 1039:

SEC. 1039. RULE OF CONSTRUCTION REGARDING USE OF DEPARTMENT
OF DEFENSE FUNDING OF A BORDER WALL.

None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2018 for the
Department of Defense may be used to plan, develop, or
construct any barriers, including walls or fences, along the
international border of the United States.

The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, this is the
final amendment to the bill, which will not kill the bill or send it
back to committee. If adopted, the bill will immediately proceed to
final passage, as amended.
The National Defense Authorization Act has passed Congress 56 years
in a row, and that is a testament to the collaborative, bipartisan work
the Armed Services Committee has done to support our troops who put
themselves in harm's way every single day to defend our country.
This year, the House Armed Services Committee adopted an amendment
introduced by Congressman Gallego to ensure that none of the funds
meant to support our troops and safeguard our Nation's security can be
used for building President Trump's border wall.
The amendment was debated, amended, and ultimately adopted without
objection by every single member of the Armed Services Committee.
If you ask the people who know the border the best, whether it is
companies, lawmakers, border communities, trade groups, economists, or
law enforcement officials--both Republicans and Democrats--most agree
that building a wall is unnecessary, impractical, ineffective, and,
frankly, a complete waste of time and taxpayer money.
Furthermore, the United States already maintains approximately 650
miles of border fence in areas that most effectively stop the
unauthorized entry of people, vehicles, drugs, arms, and other illicit
items.
Instead of a costly border wall between the U.S. and Mexico, the
Armed Services Committee chose to fully fund military healthcare, raise
the pay of military personnel, and improve our Nation's cybersecurity.
They agreed that President Trump's ongoing effort to build a wall is
wasteful and has absolutely nothing to do with advancing U.S. national
security interests.
I want to emphasize that this amendment incorporated both Democratic
and Republican ideas, and passed unanimously in a bipartisan manner.
But late Tuesday night, House Republican leadership stripped
Congressman Gallego's amendment from the NDAA with the use of a
glaringly undemocratic, procedural gimmick to help Trump fulfill his
campaign promise.
Republican leadership's actions to unilaterally open the door for
funding the wall through the use of this defense bill is an insult to
every single member of the Armed Services Committee, to our democratic
principles, and to the spirit of bipartisanship.
They chose to undermine the unanimous judgment of the Armed Services
Committee without the courage to test their proposal with a vote or
even a debate on the floor.
You may hear my colleague on the other side of the aisle claim that
prohibiting the construction of the wall doesn't fall within the
jurisdiction of the Defense Department. However, I am not sure why the
8 members of the Rules Committee believe that they are more qualified
to judge what should be included in the NDAA than the 61 members of the
Armed Services Committee or the 435 Members of this deliberative body
as a whole.

[[Page H5866]]

Further, I am not sure why the Rules Committee thought that a
discriminatory amendment preventing the Department of Defense from
providing medically necessary healthcare services to transgendered
military personnel was more appropriate for debate than preventing
Trump from usurping funds intended for our troops.
You may also hear that my Republican colleagues claim that President
Trump can't use any funds in the NDAA to start construction of the wall
anyway. But that is not true. Under title 10, the Secretary of Defense
could transfer funding for that purpose this afternoon if he wanted,
all without approval of Congress.
Mr. Speaker, the only way this body can guarantee that Trump cannot
use Department of Defense funds to construct the border wall is to put
that prohibition in the bill explicitly. The only way we can do that is
by passing my motion to recommit to restore Congressman Gallego's
bipartisan amendment in the bill and ensure that our troops are not
robbed to pay for a border wall.
But I want to be clear: the adoption of this amendment will not
prevent passage of the underlying bill. If the amendment is adopted, it
will be incorporated into the bill and the bill will immediately be
voted upon.
We all have an opportunity to stand united to support our Nation's
servicemembers and to protect hard-earned taxpayer dollars from the
President's political pipe dream.
Mr. Speaker, I urge my colleagues to support my final amendment, and
I yield back the balance of my time.
Mr. THORNBERRY. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Speaker, this is a procedural motion that, in my
view, should be rejected.
We could spend all day and night arguing provisions that prohibit
what is not in the bill. There is nothing in this bill that authorizes
a border wall. The focus of the bill is the men and women who serve our
Nation in the military and the national security of the United States.
And that is what I want to take a moment to talk about.
I would suggest that all of us think back just to the events of the
last 10 days. On July 4, North Korea launched what most observers
believe is an intercontinental ballistic missile capable of reaching
parts of the United States. And we know they already have nuclear
weapons.
On July 9, Iraqi Prime Minister al-Abadi went into Mosul to celebrate
the ousting of ISIS with U.S. advisers, U.S. airpower, and U.S.
intelligence.
Also, this week, the Chinese navy conducted drills in the
Mediterranean on their way to conduct joint exercises with the Russians
in the Balkans.
This is just a taste of the world we live in, and there are
provisions in this bill that address every one of these incidents, from
more missile defense to getting more ships in the water faster and
cheaper, to supporting our efforts against ISIS, al-Qaida, and
terrorist groups.

But there is another event this week that I hope we all keep in mind.
On Monday, July 10, a KC-130 crashed on its way across the country,
resulting in the death of 15 marines and one sailor. We do not know
what caused this crash, but the early evidence indicates that there was
a catastrophic failure when it was cruising at altitude.
It will be fully investigated. But in the meantime, I think we always
have to remember that, even on routine training missions, even on
routine deployments, the men and women who serve are risking their
lives for us. We owe them the best equipment, in the best shape, with
the best training that our Nation can provide. Unfortunately, that is
not what they have been getting.
This year, our committee has heard testimony that, under the budget
caps, the Army is outranged, outgunned, and outdated. More than half
the Navy aircraft cannot fly. More than half the planes in the Air
Force qualify for an antique license in the State of Virginia. More
than half the planes the Navy has can't fly. Unfortunately, accident
rates are going up.
Sometimes I have heard the argument that: Well, we are not going to
give them any more money until they can pass an audit or they can do
this and that or the other thing.
But as everybody rushes out to get on their airplanes, just think
about this: What if the board of directors of your airline decided that
they are not going to spend any more money repairing planes until there
is a bookkeeping problem solved in headquarters?
Yet that is exactly what we have been doing to our military. We have
not been giving them the planes and other equipment in good repair.
Every year for 55 straight years, Congresses and Presidents of both
parties have passed into law a National Defense Authorization Act.
There is a lot of credit to go around, including the Members on both
sides of this aisle who have contributed to this product. I am very
grateful for what they have done. But what I am really grateful for are
the men and women who serve and inspire us, the men and women who are
counting on us.
Mr. Speaker, I would just say, whatever our differences on other
issues, which we will have time to debate in another time and place,
whatever our differences about what is in or not in this bill, we need
to put those differences aside and continue to support the men and
women who serve and defend us. Let's not let them down.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.

Recorded Vote

Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, I demand a
recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 190,
noes 235, not voting 8, as follows:

[Roll No. 377]

AYES--190

Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Conyers
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOES--235

Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)

[[Page H5867]]

Barletta
Barr
Barton
Bergman
Biggs
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Culberson
Curbelo (FL)
Davidson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Estes (KS)
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Garrett
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Lance
Latta
Lewis (MN)
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (PA)
Newhouse
Noem
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin

NOT VOTING--8

Bilirakis
Cleaver
Cummings
Jones
Labrador
Meeks
Napolitano
Scalise

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.

{time} 1132

So the motion to recommit was rejected.
The result of the vote was announced as above recorded.

personal explanation

Mr. CLEAVER. Mr. Speaker, I regrettably missed votes on July 12
through 14, 2017. I regrettably had to attend and preside over the
funeral of a good friend and civic leader in Kansas City.
Had I been present I would have voted as follows on H.R. 23:
``Yes'' on rollcall 351 On Motion to Recommit with Instructions:
Gaining Responsibility on Water Act
``No'' on rollcall 352 On Passage: Gaining Responsibility on Water
Act
``No'' on rollcall 353 Motion to Adjourn
``No'' on rollcall 354 On ordering the Previous Question
``No'' on rollcall 355 On Agreeing to the Resolution H. Res. 440
For H.R. 2810 Had I been present I would have voted as follows:
``No'' on rollcall 356 Conaway Amendment 2
``No'' on rollcall 357 Polis, Lee Amendment
``Yes'' on rollcall 358 Jayapal/Pocan Amendment 5
``Yes'' on rollcall 359 Nadler Amendment 6
``Yes'' on rollcall 360 Blumenauer Amendment 8
``Yes'' on rollcall 361 Aguilar Amendment 10
``No'' on rollcall 362 Rogers (AL) Amendment 88
``Yes'' on rollcall 363 Garamendi Amendment 12
``Yes'' on rollcall 364 Blumenauer Amendment 13
``No'' on rollcall 365 McClintock Amendment 14
``Yes'' on rollcall 366 Garamendi/Hunter amendment 1
``No'' on rollcall 367 Buck amendment 3
``No'' on rollcall 368 Buck/Perry amendment 4
``No'' on rollcall 369 Hartzler amendment 10
``No'' on rollcall 370 Gosar amendment 5
``Yes'' on rollcall 371 Rooney, Murphy amendment 6
``No'' on rollcall 372 Franks Amendment 13
``No'' on rollcall 373 Lamborn Amendment 15
``No'' on rollcall 374 Frankel, Byrne Amendment 17
``No'' on rollcall 375 Hunter, Wilson Amendment 18
``Yes'' on rollcall 376 McGovern, Emmer Amendment 43
``Yes'' on rollcall 377 Motion to Recommit H.R. 2810
``Yes'' on rollcall 378 Final Passage of H.R. 2810

personal explanation

Mr. BILIRAKIS. Mr. Speaker, because of a funeral of a family member,
I was not present on Friday, July 14, for votes during National Defense
Authorization Act of 2017. Had I been here I would have voted in the
following manner.
Rollcall Vote 372--``Yea''
Rollcall Vote 373--``Yea''
Rollcall Vote 374--``Yea''
Rollcall Vote 375--``Yea''
Rollcall Vote 376--``Yea''
Rollcall Vote 377--MTR--``Nay''
Rollcall Vote 378--Final Passage--``Yea''

Announcement by Committee on Rules Regarding Amendment Process on H.R.
218, H.R. 2910, and H.R. 2883

Mr. SESSIONS. Mr. Speaker, the Rules Committee issued announcements
outlining the amendment process for three measures that likely will be
before the Rules Committee next week.
An amendment deadline has been set for Tuesday, July 18, at 10 a.m.,
for H.R. 218, the King Cove Road Land Exchange Act; H.R. 2910, the
Promoting Interagency Coordination for Review of Natural Gas Pipelines
Act; and H.R. 2883, the Promoting Cross-Border Energy Infrastructure
Act.
The text of these measures is available on the Rules Committee
website. Feel free to contact me or a member of the Rules Committee if
Members have any questions.
The SPEAKER pro tempore. Without objection, 5-minute voting will
continue.
There was no objection.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Mr. THORNBERRY. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 344,
noes 81, not voting 8, as follows:

[Roll No. 378]

AYES--344

Abraham
Aderholt
Aguilar
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Beatty
Bera
Bergman
Beyer
Biggs
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blunt Rochester
Bost
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Buck
Bucshon
Budd
Burgess
Bustos
Byrne
Calvert
Carbajal
Cardenas
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Cheney
Clay
Clyburn
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Cook
Cooper
Correa
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Cuellar
Culberson
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Duffy
Duncan (SC)
Dunn
Emmer
Engel
Estes (KS)
Esty (CT)
Evans
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Gaetz
Gallagher
Gallego
Garamendi
Gianforte
Gibbs
Gonzalez (TX)
Goodlatte
Gosar
Gottheimer
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Grothman
Guthrie
Hanabusa
Handel
Harper
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Higgins (NY)
Hill
Himes
Holding
Hollingsworth
Hoyer
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce (OH)
Kaptur
Katko
Keating
Kelly (MS)
Kelly (PA)
Kihuen
Kilmer
Kind
King (IA)
King (NY)
Kinzinger
Knight
Krishnamoorthi

[[Page H5868]]

Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawson (FL)
Lewis (MN)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Long
Loudermilk
Love
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marchant
Marino
Marshall
Mast
McCarthy
McCaul
McCollum
McEachin
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Messer
Mitchell
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Newhouse
Noem
Nolan
Norcross
Norman
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Palmer
Panetta
Pascrell
Paulsen
Pearce
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Poe (TX)
Poliquin
Posey
Quigley
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Rosen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce (CA)
Ruiz
Ruppersberger
Rush
Russell
Rutherford
Ryan (OH)
Sanford
Sarbanes
Schiff
Schneider
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sewell (AL)
Shea-Porter
Shimkus
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Smucker
Soto
Stefanik
Stewart
Stivers
Suozzi
Taylor
Tenney
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Torres
Trott
Turner
Upton
Valadao
Veasey
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin

NOES--81

Adams
Amash
Barragan
Bass
Blumenauer
Bonamici
Butterfield
Capuano
Carson (IN)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Cohen
Conyers
Crowley
DeFazio
DeGette
DeSaulnier
Doyle, Michael F.
Duncan (TN)
Ellison
Eshoo
Espaillat
Fudge
Gabbard
Garrett
Gohmert
Gomez
Griffith
Grijalva
Gutierrez
Harris
Huffman
Jayapal
Jeffries
Johnson (GA)
Kelly (IL)
Kennedy
Khanna
Kildee
Lawrence
Lee
Levin
Lewis (GA)
Lofgren
Lowenthal
Massie
Matsui
McClintock
McGovern
Meng
Moore
Nadler
Neal
Pallone
Payne
Pocan
Polis
Price (NC)
Raskin
Richmond
Sanchez
Schakowsky
Schrader
Serrano
Sherman
Slaughter
Speier
Swalwell (CA)
Takano
Thompson (CA)
Tonko
Tsongas
Vargas
Vela
Velazquez
Visclosky
Watson Coleman
Welch
Yarmuth

NOT VOTING--8

Bilirakis
Cleaver
Cummings
Jones
Labrador
Meeks
Napolitano
Scalise

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.

{time} 1139

So the bill was passed.
The result of the vote was announced as above recorded.
The title of the bill was amended so as to read: ``A bill to
authorize appropriations for fiscal year 2018 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.''.
A motion to reconsider was laid on the table.

personal explanation

Mrs. NAPOLITANO. Mr. Speaker, I was absent during rollcall votes No.
356 through No. 378 due to my spouse's health situation in California.
Had I been present, I would have voted ``no'' on the Conaway Amendment,
``yea'' on the Polis Amendment, ``yea'' on the Jayapal Amendment,
``yea'' on the Nadler Amendment, ``yea'' on the Blumenauer Amendment,
``yea'' on the Aguilar Amendment, ``no'' on the Rogers Amendment,
``yea'' on the Garamendi Amendment, ``yea'' on the Blumenauer Amendment
No. 13, ``no'' on the McClintock Amendment, ``yea'' on the Garamendi
Amendment, ``no'' on the Buck Amendment, ``no'' on the Perry Amendment,
``no'' on the Harztler Amendment, ``no'' on the Gosar Amendment, ``no''
on the Rooney Amendment, ``no'' on the Franks Amendment, ``no'' on the
Lamborn Amendment, ``no'' on the Byrne Amendment, ``no'' on the Hunter
Amendment, and ``yea'' on the McGovern Amendment. I would have also
voted ``yea'' on the Motion to Recommit. I would have also voted ``no''
on final passage of H.R. 2810--National Defense Authorization Act of
Fiscal Year 2018.

____________________