[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4440-S4606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 392. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 2816. TREATMENT AS IN-KIND CONSIDERATION OF FINANCIAL 
                   SUPPORT AND SERVICES PROVIDED BY FINANCIAL 
                   INSTITUTIONS ON LAND LEASED ON MILITARY 
                   INSTALLATIONS.

       Section 2667 of title 10, United States Code, is amended--
       (1) in subsection (b)(4), by inserting ``, except as 
     otherwise provided in subsection (c)(4),'' after ``amount 
     that''; and
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4)(A) In the case of a lease under this section that is 
     entered into during the period described in subparagraph (C) 
     with an insured depository institution chartered by the 
     Federal Government or a State, the Secretary concerned may 
     deem financial support and services provided by the insured 
     depository institution to members of the armed forces, 
     civilian employees of the Department of Defense, and their 
     dependents as sufficient in-kind consideration to cover all 
     lease, services, and utilities costs assessed with regard to 
     the leased property.
       ``(B) The Secretary concerned may renegotiate the terms of 
     a lease under this section that was entered into prior to the 
     period described in subparagraph (C) with an insured 
     depository institution to apply subparagraph (A) to the lease 
     as if such subparagraph were in effect at the time the 
     Secretary entered into the lease.
       ``(C) The period described in this subparagraph is the 
     period that begins on the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2018 and 
     ends on September 30, 2023.''.
                                 ______
                                 
  SA 393. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle J of title VIII, add the following:

     SEC. 899D. USE OF COMMERCIAL ITEMS FOR PHYSICAL ACCESS 
                   CONTROL SYSTEMS OR IDENTITY MANAGEMENT SYSTEMS.

       (a) In General.--The procurement process for any covered 
     Physical Access Control System or Identity Management System 
     shall be carried out in accordance with section 2377 of title 
     10, United States Code.
       (b) Certification.--Not later than 30 days after the date 
     of the enactment of this Act, the Service Acquisition 
     Executive responsible for each covered Physical Access 
     Control System or Identity Management System shall certify to 
     the congressional defense committees that the procurement 
     process for any covered Physical Access Control System or 
     Identity Management 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.
       (c) Covered Physical Access Control System or Identity 
     Management System Defined.--In this section, the term 
     ``covered Physical Access Control System or Identity 
     Management System'' includes the following:
       (1) The Defense Biometric Identification System (DBIDS).
       (2) The Automated Installation Entry (AIE) system.
       (3) The Biometric Automated Access Control System (BAACS).
       (4) The Navy Access Control Management System (NACMS).
                                 ______
                                 
  SA 394. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE 
                   INSTALLATION ACCESS CONTROL INITIATIVES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the congressional defense 
     committees a report evaluating Department of Defense 
     installation access control initiatives.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of Department of Defense requirements for 
     managing access to military installations and the extent to

[[Page S4441]]

     which the Department has taken an enterprise-wide approach to 
     developing those requirements and identifying capability 
     gaps.
       (2) A description of capabilities (processes and systems) 
     that are in place at military installations that currently 
     meet these requirements.
       (3) A summary of which options, including business process 
     reengineering, the development or acquisition of business 
     systems, and the acquisition of commercial solutions, are 
     being are being pursued to close those gaps.
       (4) A description of how the Department of Defense is 
     assessing which options to pursue in terms of cost, schedule, 
     and potential performance and to what extent the Department's 
     assessments follow directives under the Federal Acquisition 
     Regulation and Defense Supplement to the Federal Acquisition 
     Regulation to consider commercial products and services.
                                 ______
                                 
  SA 395. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. USE OF ROBOTIC SERVICING OF GEOSYNCHRONOUS 
                   SATELLITES PROGRAM OF DEFENSE ADVANCED RESEARCH 
                   PROJECTS AGENCY.

       (a) Retention of Ownership.--The Secretary of Defense shall 
     ensure that the United States retains all ownership of and 
     rights to systems developed under the robotic servicing of 
     geosynchronous satellites program of the Defense Advanced 
     Research Projects Agency.
       (b) Prohibition on Operation by Contractor.--The Secretary 
     may not transfer ownership or the operation of systems 
     resulting from the robotic servicing of geosynchronous 
     satellites program to a commercial entity.
       (c) Use of Program.--The Secretary may use the robotic 
     servicing of geosynchronous satellites program only if--
       (1) such use services assets of the United States; and
       (2) the Secretary determines that such use is more cost 
     effective than any commercial alternative.
                                 ______
                                 
  SA 396. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   UNITED STATES INTERESTS IN THE FREELY 
                   ASSOCIATED STATES.

       (a) Report Required.--Not later than December 1, 2018, the 
     Comptroller General of the United States shall submit to the 
     congressional defense committees a report setting forth the 
     results of a study, conducted by the Comptroller General for 
     purposes of the report, on United States security and foreign 
     policy interests in the Freely Associated States of the 
     Republic of Palau, the Republic of the Marshall Islands, and 
     the Federated States of Micronesia.
       (b) Elements.--The study required pursuant to subsection 
     (a) shall address the following:
       (1) The role of the Compacts of Free Association in 
     promoting United States defense and foreign policy interests, 
     and the status of the obligations of the United States and 
     the Freely Associated States under the Compacts of Free 
     Association.
       (2) The economic assistance practices of the People's 
     Republic of China in the Freely Associated States, and the 
     implications of such practices for United States defense and 
     foreign policy interests in the Freely Associated States and 
     the Pacific region.
       (3) The economic assistance practices of other countries in 
     the Freely Associated States, as determined by the 
     Comptroller General, and the implications of such practices 
     for United States defense and foreign policy interests in the 
     Freely Associated States and the Pacific region.
       (4) Any other matters the Comptroller General considers 
     appropriate.
       (c) Consultation.--The Comptroller General shall consult in 
     the preparation of the report with other departments and 
     agencies of the United States Government, including elements 
     of the intelligence community.
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified for, but may include a classified 
     annex.
                                 ______
                                 
  SA 397. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 2803. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS 
                   APPLICABLE TO UNSPECIFIED MINOR MILITARY 
                   CONSTRUCTION AUTHORITIES.

       Section 2805 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Adjustment of Dollar Limitations for Location.--Each 
     fiscal year, the Secretary concerned shall adjust the dollar 
     limitations specified in this section applicable to an 
     unspecified minor military construction project to reflect 
     the area construction cost index for military construction 
     projects published by the Department of Defense during the 
     prior fiscal year for the location of the project.''.
                                 ______
                                 
  SA 398. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1049. ACCESS OF VETERANS SERVICE ORGANIZATIONS TO 
                   MILITARY INSTALLATIONS IN THE UNITED STATES FOR 
                   SUPPORT OF PROVISION OF PRESEPARATION 
                   COUNSELING AND RELATED BENEFITS TO MEMBERS OF 
                   THE ARMED FORCES.

       (a) Access To Be Authorized.--
       (1) In general.--Under regulations prescribed by the 
     Secretary of Defense for purposes of this section, commanders 
     of military installations in the United States shall permit 
     representatives of veterans service organization reasonable 
     and regular access to such military installations in order to 
     permit such representatives to support and facilitate efforts 
     of the Department of Defense to provide preseparation 
     counseling and related benefits under chapter 58 of title 10, 
     United States Code, to members of the Armed Forces stationed 
     at such installations.
       (2) Scope of access.--Any access to an installation under 
     this subsection shall occur only in a manner fully consistent 
     with the maintenance of security and safety at such 
     installation.
       (b) Veterans Service Organizations.--For purposes of this 
     section, veterans service organizations are organizations 
     recognized by the Secretary of Veterans Affairs pursuant to 
     section 5902 of title 38, United States Code.
       (c) Regulations.--In prescribing regulations for purposes 
     of this section, the Secretary of Defense shall avoid the 
     following:
       (1) The recommendation or endorsement of a particular 
     veterans service organization over another veterans service 
     organization in the support or facilitation of efforts 
     described in subsection (a).
       (2) The encouragement, support, or other suggestion that a 
     member of the Armed Forces seek membership in a veterans 
     service organization.
       (d) Commencement of Access.--Access to installations under 
     this section shall commence upon the date specified by the 
     Secretary of Defense in the regulations prescribed for 
     purposes of this section, which date shall be not later than 
     one year after the date of the enactment of this Act.
                                 ______
                                 
  SA 399. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 2803. REVITALIZATION OF JUNGLE OPERATIONS TRAINING 
                   RANGES.

       (a) Authority.--For the revitalization of jungle operations 
     training ranges under the jurisdiction of the Secretary of 
     the Army, the Secretary may obligate and expend--
       (1) from appropriations available to the Secretary for 
     operation and maintenance, amounts necessary to carry out an 
     unspecified minor military construction project costing not 
     more than $6,600,000, notwithstanding section 2805(c) of 
     title 10, United States Code; or
       (2) from appropriations available to the Secretary for 
     military construction not otherwise authorized by law, 
     amounts necessary to carry out an unspecified minor military 
     construction project costing not more than $6,600,000.
       (b) Notification Requirement.--When a decision is made to 
     carry out an unspecified

[[Page S4442]]

     minor military construction project to which subsection (a) 
     is applicable, the Secretary shall notify in writing the 
     congressional defense committees of that decision, of the 
     justification for the project, and of the estimated cost of 
     the project in accordance with section 2805(b) of title 10, 
     United States Code.
       (c) Sunset.--The authority to carry out a project under 
     subsection (a) shall expire at the close of September 30, 
     2019.
                                 ______
                                 
  SA 400. Mr. McCAIN (for himself and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Beginning on page 35, strike lines 8 through 23 and insert 
     the following:
       ``(3) Applicable annual inflation factor.--In paragraph 
     (2), the term `applicable annual inflation factor' means, for 
     a fiscal year--
       ``(A) for each of the 1903A enrollee categories described 
     in subparagraphs (C), (D), and (E) of subsection (e)(2), the 
     percentage increase in the medical care component of the 
     consumer price index for all urban consumers (U.S. city 
     average) from September of the previous fiscal year to 
     September of the fiscal year involved, plus 1 percentage 
     point; and
       ``(B) for each of the 1903A enrollee categories described 
     in subparagraphs (A) and (B) of subsection (e)(2), the 
     percentage increase in the medical care component of the 
     consumer price index for all urban consumers (U.S. city 
     average) from September of the previous fiscal year to 
     September of the fiscal year involved, plus 2 percentage 
     points.
                                 ______
                                 
  SA 401. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       Beginning on page 10, strike lines 21 and all that follows 
     through page 11, line 5, and insert the following:
       (ii) in subparagraph (B)(ii)--

       (I) in subclause (IV), by striking the semicolon and 
     inserting ``; and'';
       (II) in subclause (V), by striking ``2018 is 90 percent; 
     and'' and inserting ``2018 and each subsequent year is 90 
     percent.''; and
       (III) by striking subclause (VI).

                                 ______
                                 
  SA 402. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Strike section 107 and insert the following:

     SEC. 107. MEDICAID EXPANSION.

       (a) In General.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (1) in section 1902 (42 U.S.C. 1396a)--
       (A) in subsection (a)(10)(A)--
       (i) in clause (i)(VIII), by inserting ``and ending December 
     31, 2019,'' after ``2014,''; and
       (ii) in clause (ii), in subclause (XX), by inserting ``and 
     ending December 31, 2017,'' after ``2014,'', and by adding at 
     the end the following new subclause:
       ``(XXIII) beginning January 1, 2020, who are expansion 
     enrollees (as defined in subsection (nn)(1));''; and
       (B) by adding at the end the following new subsection:
       ``(nn) Expansion Enrollees.--
       ``(1) In general.--In this title, the term `expansion 
     enrollee' means an individual--
       ``(A) who is under 65 years of age;
       ``(B) who is not pregnant;
       ``(C) who is not entitled to, or enrolled for, benefits 
     under part A of title XVIII, or enrolled for benefits under 
     part B of title XVIII;
       ``(D) who is not described in any of subclauses (I) through 
     (VII) of subsection (a)(10)(A)(i); and
       ``(E) whose income (as determined under subsection (e)(14)) 
     does not exceed 133 percent of the poverty line (as defined 
     in section 2110(c)(5)) applicable to a family of the size 
     involved.
       ``(2) Application of related provisions.--Any reference in 
     subsection (a)(10)(G), (k), or (gg) of this section or in 
     section 1903, 1905(a), 1920(e), or 1937(a)(1)(B) to 
     individuals described in subclause (VIII) of subsection 
     (a)(10)(A)(i) shall be deemed to include a reference to 
     expansion enrollees.''; and
       (2) in section 1905 (42 U.S.C. 1396d)--
       (A) in subsection (y)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``, with respect to'' and all that follows through ``shall be 
     equal to'' and inserting ``and that has elected to cover 
     newly eligible individuals before March 1, 2017, with respect 
     to amounts expended by such State before January 1, 2020, for 
     medical assistance for newly eligible individuals described 
     in subclause (VIII) of section 1902(a)(10)(A)(i), and, with 
     respect to amounts expended by such State after December 31, 
     2019, and before January 1, 2030, for medical assistance for 
     expansion enrollees (as defined in section 1902(nn)(1)), 
     shall be equal to the higher of the percentage otherwise 
     determined for the State and year under subsection (b) 
     (without regard to this subsection) and'';
       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (iii) by striking subparagraph (E) and inserting the 
     following new subparagraphs:
       ``(E) 90 percent for calendar quarters in 2020;
       ``(F) 88 percent for calendar quarters in 2021;
       ``(G) 86 percent for calendar quarters in 2022;
       ``(H) 84 percent for calendar quarters in 2023;
       ``(I) 82 percent for calendar quarters in 2024;
       ``(J) 80 percent for calendar quarters in 2025;
       ``(K) 78 percent for calendar quarters in 2026;
       ``(L) 76 percent for calendar quarters in 2027;
       ``(M) 74 percent for calendar quarters in 2028; and
       ``(N) 72 percent for calendar quarters in 2029.''; and
       (iv) by adding after and below subparagraph (H) (as added 
     by clause (iii)), the following flush sentence:
     ``The Federal medical assistance percentage determined for a 
     State and year under subsection (b) shall apply to 
     expenditures for medical assistance to newly eligible 
     individuals (as so described) and expansion enrollees (as so 
     defined), in the case of a State that has elected to cover 
     newly eligible individuals before March 1, 2017, for calendar 
     quarters after 2029, and, in the case of any other State, for 
     calendar quarters (or portions of calendar quarters) after 
     February 28, 2017.''; and
       (B) in subsection (z)(2)--
       (i) in subparagraph (A)--

       (I) by inserting ``through 2023'' after ``each year 
     thereafter''; and
       (II) by striking ``shall be equal to'' and inserting ``and, 
     for periods after December 31, 2019 and before January 1, 
     2024, who are expansion enrollees (as defined in section 
     1902(nn)(1)) shall be equal to the higher of the percentage 
     otherwise determined for the State and year under subsection 
     (b) (without regard to this subsection) and''; and

       (ii) in subparagraph (B)(ii)--

       (I) in subclause (IV), by striking the semicolon and 
     inserting ``; and'';
       (II) in subclause (V), by striking ``2018 is 90 percent; 
     and'' and inserting ``2018 and each subsequent year through 
     2029 is 90 percent.''; and
       (III) by striking subclause (VI).

       (b) Sunset of Medicaid Essential Health Benefits 
     Requirement.--Section 1937(b)(5) of the Social Security Act 
     (42 U.S.C. 1396u-7(b)(5)) is amended by adding at the end the 
     following: ``This paragraph shall not apply after December 
     31, 2019.''.
                                 ______
                                 
  SA 403. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       Strike section 112 and insert the following:

     SEC. 112. MEDICAID EXPANSION.

       (a) In General.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (1) in section 1902 (42 U.S.C. 1396a)--
       (A) in subsection (a)(10)(A)--
       (i) in clause (i)(VIII), by inserting ``and ending December 
     31, 2019,'' after ``2014,''; and
       (ii) in clause (ii), in subclause (XX), by inserting ``and 
     ending December 31, 2017,'' after ``2014,'', and by adding at 
     the end the following new subclause:
       ``(XXIII) beginning January 1, 2020, who are expansion 
     enrollees (as defined in subsection (nn)(1));''; and
       (B) by adding at the end the following new subsection:
       ``(nn) Expansion Enrollees.--
       ``(1) In general.--In this title, the term `expansion 
     enrollee' means an individual--
       ``(A) who is under 65 years of age;
       ``(B) who is not pregnant;
       ``(C) who is not entitled to, or enrolled for, benefits 
     under part A of title XVIII, or enrolled for benefits under 
     part B of title XVIII;
       ``(D) who is not described in any of subclauses (I) through 
     (VII) of subsection (a)(10)(A)(i); and
       ``(E) whose income (as determined under subsection (e)(14)) 
     does not exceed 133 percent of the poverty line (as defined 
     in section 2110(c)(5)) applicable to a family of the size 
     involved.
       ``(2) Application of related provisions.--Any reference in 
     subsection (a)(10)(G), (k), or (gg) of this section or in 
     section 1903, 1905(a), 1920(e), or 1937(a)(1)(B) to 
     individuals described in subclause (VIII) of subsection 
     (a)(10)(A)(i) shall be deemed to include a reference to 
     expansion enrollees.''; and
       (2) in section 1905 (42 U.S.C. 1396d)--
       (A) in subsection (y)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``, with respect to'' and all that follows through ``shall be 
     equal to'' and inserting ``and that has elected to cover 
     newly eligible individuals before March 1, 2017, with respect 
     to amounts expended by such State before January 1, 2020, for 
     medical assistance for newly eligible individuals

[[Page S4443]]

     described in subclause (VIII) of section 1902(a)(10)(A)(i), 
     and, with respect to amounts expended by such State after 
     December 31, 2019, and before January 1, 2030, for medical 
     assistance for expansion enrollees (as defined in section 
     1902(nn)(1)), shall be equal to the higher of the percentage 
     otherwise determined for the State and year under subsection 
     (b) (without regard to this subsection) and'';
       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (iii) by striking subparagraph (E) and inserting the 
     following new subparagraphs:
       ``(E) 90 percent for calendar quarters in 2020;
       ``(F) 88 percent for calendar quarters in 2021;
       ``(G) 86 percent for calendar quarters in 2022;
       ``(H) 84 percent for calendar quarters in 2023;
       ``(I) 82 percent for calendar quarters in 2024;
       ``(J) 80 percent for calendar quarters in 2025;
       ``(K) 78 percent for calendar quarters in 2026;
       ``(L) 76 percent for calendar quarters in 2027;
       ``(M) 74 percent for calendar quarters in 2028; and
       ``(N) 72 percent for calendar quarters in 2029.''; and
       (iv) by adding after and below subparagraph (H) (as added 
     by clause (iii)), the following flush sentence:
     ``The Federal medical assistance percentage determined for a 
     State and year under subsection (b) shall apply to 
     expenditures for medical assistance to newly eligible 
     individuals (as so described) and expansion enrollees (as so 
     defined), in the case of a State that has elected to cover 
     newly eligible individuals before March 1, 2017, for calendar 
     quarters after 2029, and, in the case of any other State, for 
     calendar quarters (or portions of calendar quarters) after 
     February 28, 2017.''; and
       (B) in subsection (z)(2)--
       (i) in subparagraph (A)--

       (I) by inserting ``through 2023'' after ``each year 
     thereafter''; and
       (II) by striking ``shall be equal to'' and inserting ``and, 
     for periods after December 31, 2019 and before January 1, 
     2024, who are expansion enrollees (as defined in section 
     1902(nn)(1)) shall be equal to the higher of the percentage 
     otherwise determined for the State and year under subsection 
     (b) (without regard to this subsection) and''; and

       (ii) in subparagraph (B)(ii)--

       (I) in subclause (IV), by striking the semicolon and 
     inserting ``; and'';
       (II) in subclause (V), by striking ``2018 is 90 percent; 
     and'' and inserting ``2018 and each subsequent year through 
     2029 is 90 percent.''; and
       (III) by striking subclause (VI).

       (b) Sunset of Medicaid Essential Health Benefits 
     Requirement.--Section 1937(b)(5) of the Social Security Act 
     (42 U.S.C. 1396u-7(b)(5)) is amended by adding at the end the 
     following: ``This paragraph shall not apply after December 
     31, 2019.''.
                                 ______
                                 
  SA 404. Ms. WARREN (for herself and Mr. Leahy) submitted an amendment 
intended to be proposed by her to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       Strike section 1070 and insert the following:

     SEC. ___. REPORTS ON CIVILIAN CASUALTIES IN CONNECTION WITH 
                   UNITED STATES MILITARY OPERATIONS.

       (a) Biannual Reports.--
       (1) In general.--Not later than April 1, 2018, and every 
     six months thereafter, the Secretary of Defense shall submit 
     to the congressional defense committees a report on civilian 
     casualties caused as a result of United States military 
     operations during the preceding six months.
       (2) Elements.--Each report under paragraph (1) shall set 
     forth the following:
       (A) A list of all the United States military operations 
     during the six month covered by such report that were 
     confirmed to have resulted in civilian casualties.
       (B) For each military operation listed pursuant to 
     subparagraph (A), the following:
       (i) The date.
       (ii) The location.
       (iii) The type of operation.
       (iv) The confirmed number of civilian casualties.
       (b) Annual Report.--Not later than April 1 each year, the 
     Secretary shall submit to the congressional defense 
     committees a report setting forth the following:
       (1) The information required under subsection (a)(2) for 
     the preceding year, including any changes to such information 
     as submitted previously in a report under subsection (a).
       (2) Details on trends of civilian casualties caused as a 
     result of United States military operations during the 
     preceding year, as well as changes made or intended to be 
     made to mitigate future civilian casualties as a result of 
     United States military operations.
       (c) Form.--Each report under this section shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Sunset.--The requirements to submit reports under this 
     section shall expire on the date that is five years after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 405. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. INCREASING COMPETITION IN MULTIPLE-AWARD TASK OR 
                   DELIVERY ORDER CONTRACTS AND CERTAIN FEDERAL 
                   SUPPLY SCHEDULE CONTRACTS.

       Section 3306(c) of title 41, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by inserting ``except as provided 
     in paragraph (3),'' before ``include cost or price''; and
       (B) in subparagraph (C), by inserting ``except as provided 
     in paragraph (3),'' before ``disclose to offerors''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Increasing competition for certain multiple-award 
     contracts and certain federal supply schedule contracts for 
     services acquired on an hourly rate.--If the head of an 
     executive agency issues a solicitation for two or more 
     contracts for services to be acquired on an hourly rate basis 
     under the authority of sections 4103 and 4106 of this title 
     (multiple award task or delivery order contracts) or section 
     152(3) of this title and section 501(b) of title 40 (Federal 
     Supply Schedule contracts), then--
       ``(A) when the contract or contracts feature individually 
     competed task or delivery orders based on or built up from 
     hourly rates, the contracting officer need not consider cost 
     or price as an evaluation factor for contract award;
       ``(B) the disclosure requirement of subparagraph (C) of 
     paragraph (1) shall not apply; and
       ``(C) cost or price to the Federal Government shall be 
     considered in conjunction with the issuance of any task 
     pursuant to section 4106(c) of this title.''.
                                 ______
                                 
  SA 406. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. PILOT PROGRAM ON APPOINTMENT OF GRADUATE AND 
                   UNDERGRADUATE STUDENTS IN POSITIONS IN THE 
                   DEFENSE ACQUISITION WORKFORCES OF THE MILITARY 
                   DEPARTMENTS.

       (a) Pilot Program Required.--The Secretary of Defense 
     shall, acting through the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics and the service 
     acquisition executives of the military departments, carry out 
     a pilot program to assess the feasibility and advisability of 
     appointing graduate and undergraduate students described in 
     subsection (b) to positions in the defense acquisition 
     workforce of the military departments in accordance with the 
     provisions of this section.
       (b) Graduate and Undergraduate Students.--
       (1) In general.--The graduate and undergraduate students 
     described in this subsection are individuals who--
       (A) are citizens of the United States;
       (B) are currently enrolled in a qualifying educational 
     institution on a full-time basis in a course of academic 
     study leading to a graduate degree or baccalaureate degree in 
     a field that is related to acquisition; and
       (C) are in good academic standing at the qualifying 
     educational institution concerned.
       (2) Qualifying educational institutions.--For purposes of 
     this subsection, a qualifying educational institution is any 
     educational institution awarding graduate or baccalaureate 
     degrees that is accredited by an appropriate accrediting body 
     recognized by the Secretary of Education.
       (c) Limitation.--The number of positions in the defense 
     acquisition workforce of a military department that are 
     filled under the pilot program in any fiscal year may not 
     exceed the number equal to one percent of the total number of 
     positions in the defense acquisition workforce of the 
     military department that are filled as of the end of the 
     preceding fiscal year.
       (d) Agreements.--
       (1) In general.--Each graduate or undergraduate student 
     selected for participation

[[Page S4444]]

     in the pilot program shall enter into an agreement with the 
     Under Secretary regarding participation in the pilot program.
       (2) Elements.--A graduate or undergraduate student shall 
     agree in the agreement under this subsection as follows:
       (A) To accept a term appointment with the Department of 
     Defense as described in subsection (e).
       (B) To obtain and maintain a security clearance at the 
     secret level or higher during participation in the pilot 
     program.
       (C) To successfully complete the course of academic study 
     of the student as described in subsection (b)(1)(B).
       (3) Participants.--Each graduate or undergraduate student 
     participating in the pilot program may be known as an 
     ``Acquisition Collegiate Program Intern'' or ``ACPI''.
       (e) Appointment.--
       (1) In general.--Each graduate or undergraduate student 
     participating in the pilot program shall be appointed to a 
     renewable term appointment in a position in the defense 
     acquisition workforce of a military department performing 
     such acquisition or acquisition-related duties, and for such 
     term, as the performance plan of the student under subsection 
     (h) shall specify.
       (2) Scope of appointment authority.--Appointments under the 
     pilot program may be made without regard to the provisions of 
     subchapter I of chapter 33 of title 5, United States Code.
       (f) Compensation.--
       (1) In general.--The rates of compensation for graduate and 
     undergraduate students in a position under the pilot program 
     pursuant to an initial appointment under the pilot program 
     shall be established in accordance with guidance issued by 
     the Secretary for purposes of the pilot program.
       (2) Funds.--Funds for the compensation of graduate and 
     undergraduate students appointed to positions under the pilot 
     program may be derived from amounts in the Department of 
     Defense Acquisition Workforce Development Fund.
       (g) Work Schedules.--The work schedule of a graduate or 
     undergraduate student participating in the pilot program 
     shall include a formal schedule of work and study designed to 
     ensure that periods of work do not interfere with the taking 
     of courses.
       (h) Performance Evaluation.--Each graduate or undergraduate 
     student participating in the pilot program shall be evaluated 
     for performance in the position to which appointed under the 
     pilot program using a performance plan issued to the student 
     upon appointment under the pilot program.
       (i) Promotion.--A graduate or undergraduate student 
     participating in the pilot program who performs successfully 
     in a position under the pilot program, and who otherwise 
     successfully meets all other requirements applicable to the 
     student under the pilot program, may be promoted.
       (j) Termination.--A graduate or undergraduate student 
     participating in the pilot program may be terminated from the 
     pilot program, and a position under the pilot program, for 
     misconduct, poor performance in position, or lack of 
     suitability for continuation in a position in the defense 
     acquisition workforce of a military department or any other 
     department, agency, organization, or element of the 
     Department of Defense.
       (k) Conversion to Competitive Service.--
       (1) In general.--The term appointment in a position under 
     the pilot program of a graduate or undergraduate student 
     participating in the pilot program may be converted on a 
     noncompetitive basis to a renewable term appointment in a 
     competitive service position upon the student's successful 
     completion of participation in the pilot program if the 
     student meets such conditions as the Secretary shall 
     establish at the commencement of the term appointment.
       (2) Scope of conversion.--A conversion under paragraph (1) 
     may be made to an appropriate position in any department, 
     agency, organization, or other element of the Department.
       (3) No right of employment.--Participation in the pilot 
     program confers no right on a student for further employment 
     by the Department of Defense in the competitive or excepted 
     service.
       (4) Accrual of career tenure.--The tenure of a student in a 
     position under the pilot program shall count the toward the 
     career tenure of the student in Department after a 
     conversation of the student's position under paragraph (1), 
     whether with or without an intervening term appointment in 
     the competitive service.
       (l) Termination.--
       (1) In general.--The authority to appoint graduate or 
     undergraduate students to positions under the pilot program 
     shall expire on the date that is five years after the date of 
     the enactment of this Act.
       (2) Effect on existing appointments.--The termination by 
     paragraph (1) of the authority referred to in that paragraph 
     shall not affect any appointment made under that authority 
     before the termination date specified in that paragraph in 
     accordance with the terms of such appointment.
                                 ______
                                 
  SA 407. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. EXPANSION OF AVAILABILITY FROM DEPARTMENT OF 
                   VETERANS AFFAIRS OF SEXUAL TRAUMA COUNSELING 
                   AND TREATMENT FOR MEMBERS OF THE RESERVE 
                   COMPONENTS.

       Section 1720D(a)(2)(A) of title 38, United States Code, is 
     amended--
       (1) by striking ``on active duty''; and
       (2) by inserting before the period at the end the 
     following: ``that was suffered by the member while serving on 
     active duty, active duty for training, or inactive duty 
     training''.
                                 ______
                                 
  SA 408. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill H.R. 1628, to provide for reconciliation 
pursuant to title II of the concurrent resolution on the budget for 
fiscal year 2017; which was ordered to lie on the table; as follows:

       Strike sections 123 through 139.
                                 ______
                                 
  SA 409. Mr. FLAKE (for himself, Mr. Paul, Mr. Donnelly, and Mr. 
Murphy) proposed an amendment to the bill H.R. 3298, to authorize the 
Capitol Police Board to make payments from the United States Capitol 
Police Memorial Fund to employees of the United States Capitol Police 
who have sustained serious line-of-duty injuries, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Wounded Officers Recovery 
     Act of 2017''.

     SEC. 2. PAYMENTS FROM UNITED STATES CAPITOL POLICE MEMORIAL 
                   FUND FOR EMPLOYEES KILLED IN THE LINE OF DUTY 
                   OR SUSTAINING SERIOUS LINE-OF-DUTY INJURIES.

       (a) Authorizing Payments From Fund.--Section 2 of Public 
     Law 105-223 (2 U.S.C. 1952) is amended--
       (1) in the section heading, by inserting ``AND CERTAIN 
     OTHER UNITED STATES CAPITOL POLICE EMPLOYEES'' before the 
     period at the end;
       (2) by striking ``Subject to the regulations'' and 
     inserting ``(a) In General.--Except to the extent used or 
     reserved for use under subsection (b) and subject to the 
     regulations''; and
       (3) by adding at the end the following new subsection:
       ``(b) Payments for Employees Killed in the Line of Duty or 
     Sustaining Serious Line-of-duty Injuries.--In addition to the 
     amounts paid under subsection (a), and in accordance with the 
     regulations issued under section 4(b), amounts in the Fund 
     may be paid to--
       ``(1) families of employees of the United States Capitol 
     Police who were killed in the line of duty; or
       ``(2) employees of the United States Capitol Police who 
     have sustained serious line-of-duty injuries.''.
       (b) Regulations of Capitol Police Board.--Section 4 of 
     Public Law 105-223 (2 U.S.C. 1954) is amended--
       (1) by striking ``The Capitol Police Board'' and inserting 
     ``(a) In General.--The Capitol Police Board''; and
       (2) by adding at the end the following new subsection:
       ``(b) Regulations Governing Payments for Employees Killed 
     in the Line of Duty or Sustaining Serious Line-of-duty 
     Injuries.--In carrying out subsection (a), the Capitol Police 
     Board shall issue specific regulations governing the use of 
     the Fund for making payments to families of employees of the 
     United States Capitol Police who were killed in the line of 
     duty and employees of the United States Capitol Police who 
     have sustained serious line-of-duty injuries (as authorized 
     under section 2(b)), including regulations--
       ``(1) establishing the conditions under which the family of 
     an employee or an employee is eligible to receive such a 
     payment;
       ``(2) providing for the amount, timing, and manner of such 
     payments; and
       ``(3) ensuring that any such payment is in addition to, and 
     does not otherwise affect, any other form of compensation 
     payable to the family of an employee or the employee, 
     including benefits for workers' compensation under chapter 81 
     of title 5, United States Code.''.
       (c) Treatment of Amounts Received in Response to Incident 
     of June 14, 2017.--The second sentence of section 1 of Public 
     Law 105-223 (2 U.S.C. 1951) is amended by striking ``deposit 
     into the Fund'' and inserting ``deposit into the Fund, 
     including amounts received in response to the shooting 
     incident at the practice for the Congressional Baseball Game 
     for Charity on June 14, 2017,''.
                                 ______
                                 
  SA 410. Mr. BOOKER (for himself, Mrs. Fischer, and Mrs. Gillibrand) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, 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,

[[Page S4445]]

to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike title XXXV and insert the following:
                  TITLE XXXV--MARITIME ADMINISTRATION

     SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

       (a) In General.--There are authorized to be appropriated to 
     the Department of Transportation for fiscal year 2018, to be 
     available without fiscal year limitation if so provided in 
     appropriations Acts, for programs associated with maintaining 
     the United States merchant marine, the following amounts:
       (1) For expenses necessary for operations of the United 
     States Merchant Marine Academy, $100,802,000, of which--
       (A) $75,751,000 shall be for Academy operations, 
     including--
       (i) the implementation of section 3514(b) of the National 
     Defense Authorization Act for Fiscal Year 2017, as added by 
     section 3508; and
       (ii) staffing, training, and other actions necessary to 
     prevent and respond to sexual harassment and sexual assault; 
     and
       (B) $25,051,000 shall remain available until expended for 
     capital asset management at the Academy.
       (2) For expenses necessary to support the State maritime 
     academies, $29,550,000, of which--
       (A) $2,400,000 shall remain available until September 30, 
     2018, for the Student Incentive Program;
       (B) $3,000,000 shall remain available until expended for 
     direct payments to such academies;
       (C) $22,000,000 shall remain available until expended for 
     maintenance and repair of State maritime academy training 
     vessels;
       (D) $1,800,000 shall remain available until expended for 
     training ship fuel assistance; and
       (E) $350,000 shall remain available until expended for 
     expenses to improve the monitoring of the service obligations 
     of graduates.
       (3) For expenses necessary to support the National Security 
     Multi-Mission Vessel Program, $36,000,000, which shall remain 
     available until expended.
       (4) For expenses necessary to support Maritime 
     Administration operations and programs, $58,694,000.
       (5) For expenses necessary to dispose of vessels in the 
     National Defense Reserve Fleet, $20,000,000, which shall 
     remain available until expended.
       (6) For expenses necessary for the loan guarantee program 
     authorized under chapter 537 of title 46, United States Code, 
     $33,000,000, of which--
       (A) $30,000,000 may be used for the cost (as defined in 
     section 502(5) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a(5))) of loan guarantees under the program; and
       (B) $3,000,000 may be used for administrative expenses 
     relating to loan guarantee commitments under the program.
       (b) Assistance for Small Shipyards and Maritime 
     Communities.--Section 54101(i) of title 46, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``2015 through 2017'' and inserting ``2018 through 2020'';
       (2) in paragraph (1), by striking ``$5,000,000'' and 
     inserting ``$7,500,000''; and
       (3) in paragraph (2), by striking ``$25,000,000'' and 
     inserting ``$27,500,000''.

     SEC. 3502. REMOVAL ADJUNCT PROFESSOR LIMIT AT UNITED STATES 
                   MERCHANT MARINE ACADEMY.

       Section 51317 of title 46, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``and'' at the end; and
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (2) by striking subsections (c) and (d).

     SEC. 3503. ACCEPTANCE OF GUARANTEES IN CONJUNCTION WITH 
                   PARTIAL DONATIONS FOR MAJOR PROJECTS OF THE 
                   UNITED STATES MERCHANT MARINE ACADEMY.

       (a) Guarantees.--Chapter 513 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 51320. Acceptance of guarantees with gifts for major 
       projects

       ``(a) Definitions.--In this section:
       ``(1) Major project.--The term `major project' means a 
     project estimated to cost at least $1,000,000 for--
       ``(A) the purchase or other procurement of real or personal 
     property; or
       ``(B) the construction, renovation, or repair of real or 
     personal property.
       ``(2) Major united states commercial bank.--The term `major 
     United States commercial bank' means a commercial bank that--
       ``(A) is an insured bank (as defined in section 3(h) of the 
     Federal Deposit Insurance Act (12 U.S.C. 1813(h)));
       ``(B) is headquartered in the United States; and
       ``(C) has total net assets of an amount considered by the 
     Maritime Administrator to qualify the bank as a major bank.
       ``(3) Major united states investment management firm.--The 
     term `major United States investment management firm' means--
       ``(A) any broker or dealer (as such terms are defined in 
     section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c));
       ``(B) any investment adviser or provider of investment 
     supervisory services (as such terms are defined in section 
     202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
     2)); or
       ``(C) a major United States commercial bank that--
       ``(i) is headquartered in the United States; and
       ``(ii) holds for the account of others investment assets in 
     a total amount considered by the Maritime Administrator to 
     qualify the bank as a major investment management firm.
       ``(4) Qualified guarantee.--The term `qualified guarantee', 
     with respect to a major project, means a guarantee that--
       ``(A) is made by 1 or more persons in connection with a 
     donation for the project of a total amount in cash or 
     securities that the Maritime Administrator determines is 
     sufficient to defray a substantial portion of the total cost 
     of the project;
       ``(B) is made to facilitate or expedite the completion of 
     the project in reasonable anticipation that other donors will 
     contribute sufficient funds or other resources in amounts 
     sufficient to pay for completion of the project;
       ``(C) is set forth as a written agreement providing that 
     the donor will furnish in cash or securities, in addition to 
     the donor's other gift or gifts for the project, any 
     additional amount that may become necessary for paying the 
     cost of completing the project by reason of a failure to 
     obtain from other donors or sources funds or other resources 
     in amounts sufficient to pay the cost of completing the 
     project; and
       ``(D) is accompanied by--
       ``(i) an irrevocable and unconditional standby letter of 
     credit for the benefit of the United States Merchant Marine 
     Academy that is in the amount of the guarantee and is issued 
     by a major United States commercial bank; or
       ``(ii) a qualified account control agreement.
       ``(5) Qualified account control agreement.--The term 
     `qualified account control agreement', with respect to a 
     guarantee of a donor, means an agreement among the donor, the 
     Maritime Administrator, and a major United States investment 
     management firm that--
       ``(A) ensures the availability of sufficient funds or other 
     financial resources to pay the amount guaranteed during the 
     period of the guarantee;
       ``(B) provides for the perfection of a security interest in 
     the assets of the account for the United States for the 
     benefit of the United States Merchant Marine Academy with the 
     highest priority available for liens and security interests 
     under applicable law;
       ``(C) requires the donor to maintain in an account with the 
     investment management firm assets having a total value that 
     is not less than 130 percent of the amount guaranteed; and
       ``(D) requires the investment management firm, whenever the 
     value of the account is less than the value required to be 
     maintained under subparagraph (C), to liquidate any noncash 
     assets in the account and reinvest the proceeds in Treasury 
     bills issued under section 3104 of title 31.
       ``(b) Acceptance Authority.--Subject to subsection (d), the 
     Maritime Administrator may accept a qualified guarantee from 
     a donor or donors for the completion of a major project for 
     the benefit of the United States Merchant Marine Academy.
       ``(c) Obligation Authority.--The amount of a qualified 
     guarantee accepted under this section shall be considered as 
     contract authority to provide obligation authority for 
     purposes of Federal fiscal and contractual requirements. 
     Funds available for a project for which such a guarantee has 
     been accepted may be obligated and expended for the project 
     without regard to whether the total amount of funds and other 
     resources available for the project (not taking into account 
     the amount of the guarantee) is sufficient to pay for 
     completion of the project.
       ``(d) Notice.--The Maritime Administrator may not accept a 
     qualified guarantee under this section for the completion of 
     a major project until 30 days after the date on which a 
     report of the facts concerning the proposed guarantee is 
     submitted to Congress.
       ``(e) Prohibition on Commingling Funds.--The Maritime 
     Administrator may not enter into any contract or other 
     transaction involving the use of a qualified guarantee and 
     appropriated funds in the same contract or transaction.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     513 of title 46, United States Code, is amended by adding at 
     the end the following:

``51320. Acceptance of guarantees with gifts for major projects.''.

     SEC. 3504. AUTHORITY TO PAY CONVEYANCE OR TRANSFER EXPENSES 
                   IN CONNECTION WITH ACCEPTANCE OF A GIFT TO THE 
                   UNITED STATES MERCHANT MARINE ACADEMY.

       Section 51315 of title 46, United States Code, is amended 
     by inserting at the end the following:
       ``(f) Payment of Expenses.--The Maritime Administrator may 
     pay all necessary expenses in connection with the conveyance 
     or transfer of a gift, devise, or bequest accepted under this 
     section.''.

[[Page S4446]]

  


     SEC. 3505. AUTHORITY TO PARTICIPATE IN FEDERAL, STATE OR 
                   OTHER RESEARCH GRANTS.

       (a) Research Grants.--Chapter 513 of title 46, United 
     States Code, as amended by sections 3503 through 3505, is 
     further amended by adding at the end the following:

     ``Sec. 51321. Grants for scientific and educational research

       ``(a) Defined Term.--In this section, the term `qualifying 
     research grant' is a grant that--
       ``(1) is awarded on a competitive basis by the Federal 
     Government (except for the Department of Transportation), a 
     State, a corporation, a fund, a foundation, an educational 
     institution, or a similar entity that is organized and 
     operated primarily for scientific or educational purposes; 
     and
       ``(2) is to be used to carry out a research project with a 
     scientific or educational purpose.
       ``(b) Acceptance of Qualifying Research Grants.--
     Notwithstanding any other provision of law, the United States 
     Merchant Marine Academy may compete for and accept qualifying 
     research grants if the work under the grant is to be carried 
     out by a professor or instructor of the United States 
     Merchant Marine Academy.
       ``(c) Administration of Grant Funds.--
       ``(1) Establishment of account.--The Maritime Administrator 
     shall establish a separate account for administering funds 
     received from research grants under this section.
       ``(2) Use of grant funds.--The Superintendent shall use 
     grant funds deposited into the account established pursuant 
     to paragraph (1) in accordance with applicable regulations 
     and the terms and conditions of the respective grants.
       ``(d) Related Expenses.--Subject to such limitations as may 
     be provided in appropriations Acts, appropriations available 
     for the United States Merchant Marine Academy may be used to 
     pay expenses incurred by the Academy in applying for, and 
     otherwise pursuing, a qualifying research grant.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     513 of title 46, United States Code, as amended by section 
     3504(b), is further amended by adding at the end the 
     following:

``51321. Grants for scientific and educational research.''.

     SEC. 3506. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME 
                   COMMUNITIES.

       Section 54101 of title 46, United States Code, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Awards.--
       ``(1) In general.--In providing assistance under the 
     program, the Administrator shall take into account--
       ``(A) the economic circumstances and conditions of maritime 
     communities;
       ``(B) projects that would be effective in fostering 
     efficiency, competitive operations, and quality ship 
     construction, repair, and reconfiguration; and
       ``(C) projects that would be effective in fostering 
     employee skills and enhancing productivity.
       ``(2) Timing of award.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Administrator shall award grants under this section not 
     later than 120 days after the date of the enactment of the 
     appropriations Act for the fiscal year concerned.
       ``(B) Reallocation of unused funds.--If a grant is awarded 
     under this section and, for any reason, the grant funds, or 
     any portion thereof, are not used by the grantee--
       ``(i) such funds shall remain available until expended; and
       ``(ii) the Administrator may use such unused funds to 
     award, in any fiscal year, another grant under this section 
     to an applicant who submitted an application under the 
     initial or any subsequent notice of availability of funds.''; 
     and
       (2) in subsection (c), by adding at the end the following:
       ``(3) Buy america.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Transportation shall not obligate any 
     funds authorized to be appropriated to carry out this chapter 
     unless the steel, iron, and manufactured products used in 
     such project are produced in the United States.
       ``(B) Exceptions.--The provisions of subparagraph (A) shall 
     not apply if the Secretary finds that--
       ``(i) their application would be inconsistent with the 
     public interest;
       ``(ii) such materials and products are not produced in the 
     United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(iii) inclusion of domestic material will increase the 
     cost of the overall project by more than 25 percent.''.

     SEC. 3507. DOMESTIC MARITIME CENTERS OF EXCELLENCE.

       (a) Designation Authority.--The Secretary of Transportation 
     is authorized to designate community and technical colleges 
     with a maritime training program and maritime training 
     centers operated by or under the supervision of a State, if 
     located in the United States along the Gulf of Mexico, 
     Atlantic Ocean, Pacific Ocean, Arctic Ocean, Bering Sea, Gulf 
     of Alaska, or Great Lakes, as centers of excellence for 
     domestic maritime workforce training and education.
       (b) Assistance.--
       (1) Types.--The Secretary may provide to an entity 
     designated as a center of excellence under subsection (a)--
       (A) technical assistance; and
       (B) surplus Federal equipment and assets.
       (2) Technical assistance.--The Secretary may provide 
     technical assistance under paragraph (1) to assist an entity 
     designated as a center of excellence under subsection (a) to 
     expand the capacity of the entity to train the domestic 
     maritime workforce of the United States, including by--
       (A) admitting additional students;
       (B) recruiting and training faculty;
       (C) expanding facilities;
       (D) creating new maritime career pathways; and
       (E) awarding students credit for prior experience, 
     including military service.

     SEC. 3508. ACCESS TO SATELLITE COMMUNICATION DEVICES DURING 
                   SEA YEAR PROGRAM.

       Section 3514 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328) is amended--
       (1) by striking ``Not later than'' and inserting the 
     following:
       ``(a) Vessel Operator Requirements.--Not later than''; and
       (2) by adding at the end the following:
       ``(b) Satellite Phone Access.--The Maritime Administrator 
     shall ensure that each student participating in the Sea Year 
     program is provided or has access to a functional satellite 
     communication device. A student may not be denied from using 
     such device whenever the student determines that such use is 
     necessary to prevent or report sexual harassment or 
     assault.''.

     SEC. 3509. ACTIONS TO ADDRESS SEXUAL HARASSMENT, DATING 
                   VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, 
                   AND STALKING AT THE UNITED STATES MERCHANT 
                   MARINE ACADEMY.

       (a) Required Policy.--Subsection (a) of section 51318 of 
     title 46, United States Code, as added by section 3510 of the 
     National Defense Authorization Act for Fiscal Year 2017 
     (Public Law 114-328; 130 Stat. 2782), is amended--
       (1) in paragraph (1), by striking ``harassment and sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, and stalking'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``harassment and sexual assault'' and inserting ``harassment, 
     dating violence, domestic violence, sexual assault, and 
     stalking'';
       (B) in subparagraph (A), by inserting ``domestic violence, 
     dating violence, stalking,'' after ``acquaintance rape,'';
       (C) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking 
     ``harassment or sexual assault,'' and inserting ``harassment, 
     dating violence, domestic violence, sexual assault, or 
     stalking,'';
       (ii) in clause (i), by striking ``harassment or sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking''; and
       (iii) in clause (iii), by striking ``criminal sexual 
     assault'' and inserting ``a criminal sexual offense'';
       (D) in subparagraph (D), by striking ``harassment or sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking'';
       (E) in subparagraph (E)--
       (i) in clause (i), by striking ``harassment or sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking'';
       (ii) in clause (ii), by striking ``sexual assault'' and 
     inserting ``sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking''; and
       (iii) in clause (iii), by striking ``harassment and sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking''; and
       (F) in subparagraph (F), by striking ``harassment or sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (4) by inserting after paragraph (2) the following:
       ``(3) Minimum training requirements for certain individuals 
     regarding sexual harassment, dating violence, domestic 
     violence, sexual assault, and stalking.--
       ``(A) Requirement.--The Maritime Administrator shall direct 
     the Superintendent of the United States Merchant Marine 
     Academy to develop a mandatory training program at the United 
     States Merchant Marine Academy for each individual who is 
     involved in implementing the Academy's student disciplinary 
     grievance procedures, including each individual who is 
     responsible for--
       ``(i) resolving complaints of reported sexual harassment, 
     dating violence, domestic violence, sexual assault, and 
     stalking;
       ``(ii) resolving complaints of reported violations of the 
     sexual misconduct policy of the Academy; or
       ``(iii) conducting an interview with a victim of sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, or stalking.
       ``(B) Consultation.--The Superintendent shall develop the 
     training program described in subparagraph (A) in 
     consultation with national, State, or local sexual assault, 
     dating violence, domestic violence, or stalking victim 
     advocacy, victim services, or prevention organizations.
       ``(C) Elements.--The training required by subparagraph (A) 
     shall include the following:

[[Page S4447]]

       ``(i) Information on working with and interviewing persons 
     subjected to sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking.
       ``(ii) Information on particular types of conduct that 
     would constitute sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking, regardless of gender, 
     including same-sex sexual harassment, dating violence, 
     domestic violence, sexual assault, or stalking.
       ``(iii) Information on consent and the effect that drugs or 
     alcohol may have on an individual's ability to consent.
       ``(iv) Information on the effects of trauma, including the 
     neurobiology of trauma.
       ``(v) Training regarding the use of trauma-informed 
     interview techniques, which means asking questions of an 
     individual who has been a victim of sexual harassment, dating 
     violence, domestic violence, sexual assault, or stalking in a 
     manner that is focused on the experience of the victim, does 
     not judge or blame the victim, and is informed by evidence-
     based research on the neurobiology of trauma.
       ``(vi) Training on cultural awareness regarding how dating 
     violence, domestic violence, sexual assault, or stalking may 
     impact midshipmen differently depending on their cultural 
     background.
       ``(vii) Information on sexual assault dynamics, sexual 
     assault perpetrator behavior, and barriers to reporting.
       ``(D) Implementation.--
       ``(i) Development and approval schedule.--The training 
     program required by subparagraph (A) shall be developed not 
     later than 90 days after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2018.
       ``(ii) Completion of training.--Each individual who is 
     required to complete the training described in subparagraph 
     (A) shall complete such training not later than--

       ``(I) 270 days after enactment of the National Defense 
     Authorization Act for Fiscal Year 2018; or
       ``(II) 180 days after starting a position with 
     responsibilities that include the activities described clause 
     (i), (ii), or (iii) of subparagraph (A).''; and

       (5) by inserting after paragraph (5), as so redesignated, 
     the following:
       ``(6) Consistency with the higher education act of 1965.--
     The Secretary shall ensure that the policy developed under 
     this subsection meets the requirements set out in paragraph 
     (8) of section 485(f) of the Higher Education Act of 1965 (20 
     U.S.C. 1092(f)(8)).''.
       (b) Minimum Procedures for Handling Reports of Sexual 
     Harassment, Dating Violence, Domestic Violence, Sexual 
     Assault, or Stalking.--Subsection (b) of section 51318 of 
     title 46, United States Code, as added by section 3510 of the 
     National Defense Authorization Act for Fiscal Year 2017 
     (Public Law 114-328; 130 Stat. 2782), is amended to read as 
     follows:
       ``(b) Development Program.--
       ``(1) In general.--The Maritime Administrator shall ensure 
     that the development program of the Academy includes a 
     section that--
       ``(A) describes the relationship between honor, respect, 
     and character development and the prevention of sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, and stalking at the Academy;
       ``(B) includes a brief history of the problem of sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, and stalking in the merchant marine, in the Armed 
     Forces, and at the Academy; and
       ``(C) includes information relating to reporting sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, and stalking, victims' rights, and dismissal for 
     offenders.
       ``(2) Minimum requirements to combat retaliation.--
       ``(A) Requirement for plan.--Not later than 90 days after 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2018, the Maritime 
     Administrator shall direct the Superintendent of the United 
     States Merchant Marine Academy to implement and maintain a 
     plan to combat retaliation against midshipmen at the United 
     States Merchant Marine Academy who report sexual harassment, 
     dating violence, domestic violence, sexual assault, or 
     stalking.
       ``(B) Violation of code of conduct.--The Superintendent 
     shall consider an act of retaliation against a midshipman at 
     the Academy who reports sexual harassment, dating violence, 
     domestic violence, sexual assault, or stalking as a Class I 
     violation of the Academy's Midshipman Regulations or 
     equivalent code of conduct.
       ``(C) Retaliation definition.--The Superintendent shall 
     work with the sexual assault prevention and response staff of 
     the Academy to define `retaliation' for purposes of this 
     subsection.
       ``(3) Minimum resource requirements.--
       ``(A) In general.--The Maritime Administrator shall ensure 
     the staff at the United States Merchant Marine Academy are 
     provided adequate and appropriate sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking 
     prevention and response training materials and resources. 
     Such resources shall include staff as follows:
       ``(i) Sexual assault response coordinator.
       ``(ii) Prevention educator.
       ``(iii) Civil rights officer.
       ``(iv) Staff member to oversee Sea Year.
       ``(B) Communication.--The Director of the Office of Civil 
     Rights of the Maritime Administration shall create and 
     maintain a direct line of communication to the sexual assault 
     response staff of the Academy that is outside of the chain of 
     command of the Academy.
       ``(4) Minimum training requirements.--The Superintendent 
     shall ensure that all cadets receive training on the sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, and stalking prevention and response sections of the 
     development program of the Academy, as described in paragraph 
     (1), as follows:
       ``(A) An initial training session, which shall occur not 
     later than 7 days after a cadet's initial arrival at the 
     Academy.
       ``(B) Additional training sessions, which shall occur 
     biannually following the cadet's initial training session 
     until the cadet graduates or leaves the Academy.''.
       (c) Aggregate Reporting.--Section 51318 of title 46, United 
     States Code, as added by section 3510 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2782), is amended by adding at the end the 
     following:
       ``(e) Data for Aggregate Reporting.--
       ``(1) In general.--No requirement related to 
     confidentiality in this section or section 51319 may be 
     construed to prevent a sexual assault response coordinator 
     from providing information for any report required by law 
     regarding sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking.
       ``(2) Identity protection.--Any information provided for a 
     report referred to in paragraph (1) shall be provided in a 
     manner that protects the identity of the victim or 
     witness.''.
       (d) Definitions.--Section 51318 of title 46, United States 
     Code, as added by section 3510 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2782), as amended by subsection (c), is further 
     amended by adding at the end the following:
       ``(f) Definitions.--In this section and section 51319:
       ``(1) Dating violence; domestic violence; stalking.--The 
     terms `dating violence', `domestic violence', and `stalking' 
     have the meanings given those terms is section 40002(a) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).
       ``(2) Sexual assault.--The term `sexual assault' means an 
     offense classified as a forcible or nonforcible sex offense 
     under the uniform crime reporting system of the Federal 
     Bureau of Investigation.''.
       (e) Conforming Amendments.--
       (1) Heading.--Section 51318 of title 46, United States 
     Code, as added by section 3510 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2782), is amended by striking the section heading 
     and inserting the following:

     ``Sec. 51318. Policy on sexual harassment, dating violence, 
       domestic violence, sexual assault, and stalking''.

       (2) Table of sections amendment.--The table of sections for 
     chapter 513 of title 46, United States Code, as amended by 
     subtitle A of title XXXV of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2774), is amended by striking the item relating to 
     section 51318 and inserting the following:

``51318. Policy on sexual harassment, dating violence, domestic 
              violence, sexual assault, and stalking.''.

     SEC. 3510. SEXUAL ASSAULT PREVENTION AND RESPONSE STAFF.

       (a) In General.--Section 51319 of title 46, United States 
     Code, as added by section 3511 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2785), is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Sexual Assault Response Coordinators.--
       ``(1) Requirement for coordinators.--The United States 
     Merchant Marine Academy shall employ or contract with at 
     least 1 full-time sexual assault response coordinator who 
     shall reside at or near the Academy. The Secretary of 
     Transportation may assign additional full-time or part-time 
     sexual assault response coordinators at the Academy as 
     necessary.
       ``(2) Selection criteria.--Each sexual assault response 
     coordinator shall be selected based on--
       ``(A) experience and a demonstrated ability to effectively 
     provide victim services related to sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking; 
     and
       ``(B) protection of the individual under applicable law to 
     provide privileged communication.
       ``(3) Confidentiality.--A sexual assault response 
     coordinator shall, to the extent authorized under applicable 
     law, provide confidential services to a midshipman who 
     reports being a victim of, or witness to, sexual harassment, 
     dating violence, domestic violence, sexual assault, or 
     stalking.
       ``(4) Training.--
       ``(A) Verification.--Not later than 90 days after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2018, the Maritime Administrator, in 
     consultation with the Director of the Maritime Administration 
     Office of Civil Rights, shall develop a process to verify 
     that each sexual assault response coordinator has completed 
     proper training.

[[Page S4448]]

       ``(B) Training requirements.--The training referred to in 
     subparagraph (A) shall include training in--
       ``(i) working with victims of sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking;
       ``(ii) the policies, procedures, and resources of the 
     Academy related to responding to sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking; 
     and
       ``(iii) national, State, and local victim services and 
     resources available to victims of sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking.
       ``(C) Completion of training.--A sexual assault response 
     coordinator shall complete the training referred to in 
     subparagraphs (A) and (B) not later than--
       ``(i) 270 days after enactment of the National Defense 
     Authorization Act for Fiscal Year 2018; or
       ``(ii) 180 days after starting in the role of sexual 
     assault response coordinator.
       ``(5) Duties.--A sexual assault response coordinator 
     shall--
       ``(A) confidentially receive a report from a victim of 
     sexual harassment, dating violence, domestic violence, sexual 
     assault, or stalking;
       ``(B) inform the victim of--
       ``(i) the victim's rights under applicable law;
       ``(ii) options for reporting an incident of sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, or stalking to the Academy and law enforcement;
       ``(iii) how to access available services, including 
     emergency medical care, medical forensic or evidentiary 
     examinations, legal services, services provided by rape 
     crisis centers and other victim service providers, services 
     provided by the volunteer sexual assault victim advocates at 
     the Academy, and crisis intervention counseling and ongoing 
     counseling;
       ``(iv) such coordinator's ability to assist in arranging 
     access to such services, with the consent of the victim;
       ``(v) available accommodations, such as allowing the victim 
     to change living arrangements and obtain accessibility 
     services;
       ``(vi) such coordinator's ability to assist in arranging 
     such accommodations, with the consent of the victim;
       ``(vii) the victim's rights and the Academy's 
     responsibilities regarding orders of protection, no contact 
     orders, restraining orders, or similar lawful orders issued 
     by the Academy or a criminal, civil, or tribal court; and
       ``(viii) privacy limitations under applicable law;
       ``(C) represent the interests of any midshipmen who reports 
     being a victim of sexual harassment, dating violence, 
     domestic violence, sexual assault, or stalking, even if such 
     interests are in conflict with the interests of the Academy;
       ``(D) advise the victim of, and provide written materials 
     regarding, the information described in subparagraph (B);
       ``(E) liaise with appropriate staff at the Academy, with 
     the victim's consent, to arrange reasonable accommodations 
     through the Academy to allow the victim to change living 
     arrangements, obtain accessibility services, or access other 
     accommodations;
       ``(F) maintain the privacy and confidentiality of the 
     victim, and shall not notify the Academy or any other 
     authority of the identity of the victim or the alleged 
     circumstances surrounding the reported incident unless--
       ``(i) otherwise required by applicable law;
       ``(ii) requested to do so by the victim who has been fully 
     and accurately informed about what procedures shall occur if 
     the information is shared; or
       ``(iii) notwithstanding clause (i) or clause (ii), there is 
     risk of imminent harm to other individuals;
       ``(G) assist the victim in contacting and reporting an 
     incident of sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking to the Academy or law 
     enforcement, if requested to do so by the victim who has been 
     fully and accurately informed about what procedures shall 
     occur if information is shared; and
       ``(H) submit to the Director of the Maritime Administration 
     Office of Civil Rights an annual report summarizing how the 
     resources supplied to the coordinator were used during the 
     prior year, including the number of victims assisted by the 
     coordinator.
       ``(b) Oversight.--
       ``(1) In general.--
       ``(A) Reporting.--Each sexual assault response coordinator 
     shall--
       ``(i) report directly to the Superintendent; and
       ``(ii) have concurrent reporting responsibility to the 
     Executive Director of the Maritime Administration on matters 
     related to the Maritime Administration and the Department of 
     Transportation and upon belief that the Academy leadership is 
     acting inappropriately regarding sexual assault prevention 
     and response matters.
       ``(B) Support.--The Maritime Administration Office of Civil 
     Rights shall provide support to the sexual assault response 
     coordinator at the Academy on all sexual harassment, dating 
     violence, domestic violence, sexual assault, or stalking 
     prevention matters.
       ``(2) Prohibition on investigation by the academy.--Any 
     request by a victim for an accommodation, as described in 
     subsection (a)(5)(F), made by a sexual assault response 
     coordinator shall not trigger an investigation by the 
     Academy, even if such coordinator deals only with matters 
     relating to sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking.
       ``(3) Prohibition on retaliation.--A sexual assault 
     response coordinator, victim advocate, or companion may not 
     be disciplined, penalized, or otherwise retaliated against by 
     the Academy for representing the interests of the victim, 
     even if such interests are in conflict with the interests of 
     the Academy.''.
       (b) Access of Academy Midshipmen to Department of Defense 
     SAFE Helpline.--
       (1) In general.--The Secretary of Transportation, acting 
     through the Superintendent of the United States Merchant 
     Marine Academy, and the Secretary of Defense shall jointly 
     provide for the access to and use of the Department of 
     Defense SAFE Helpline by midshipmen at the Merchant Marine 
     Academy.
       (2) Training.--The training provided to personnel of the 
     Department of Defense SAFE Helpline shall include training on 
     the resources available to midshipmen at the Merchant Marine 
     Academy in connection with sexual assault, sexual harassment, 
     domestic violence, dating violence, and stalking.
       (c) Repeal of Duplicate Requirement.--Subsection (c) of 
     section 51319 of title 46, United States Code, as 
     redesignated by subsection (a)(1)--
       (1) by striking paragraph (5);
       (2) redesignating paragraph (6) as paragraph (5); and
       (3) in paragraph (5), as so redesignated, by striking 
     ``(3), (4), and (5)'' and inserting ``(3) and (4)''.

     SEC. 3511. PROTECTION OF STUDENTS FROM SEXUAL ASSAULT ONBOARD 
                   VESSELS .

       (a) In General.--Chapter 513 of title 46, United States 
     Code, as amended by subtitle A of title XXXV of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328), is amended by adding at the end the following new 
     section:

     ``Sec. 51320. Protection of students from sexual assault 
       onboard vessels

       ``(a) Provision of Individual Satellite Communication 
     Devices During Sea Year.--
       ``(1) In general.--The Maritime Administrator shall ensure 
     that each midshipman at the United States Merchant Marine 
     Academy is provided a functional satellite communication 
     device during the midshipman's Sea Year.
       ``(2) Check-in.--Not less often than once each week, each 
     such midshipman shall check-in with designated personnel at 
     the Academy via the midshipman's personal satellite 
     communication device. A text message sent via the 
     midshipman's personal satellite device shall meet the 
     requirement for a weekly check-in for purposes of this 
     paragraph.
       ``(b) Riding Gangs.--The Maritime Administrator shall--
       ``(1) require the owner or operator of any commercial 
     vessel carrying a midshipman of the Academy to certify their 
     compliance with the International Convention for Safety of 
     Life at Sea, 1974, with annex, done at London November 1, 
     1974 (32 UST 47) and section 8106; and
       ``(2) ensure the Academy informs midshipmen preparing for 
     Sea Year of the obligations that vessel owners and operators 
     have to provide for the security of individuals aboard a 
     vessel under United States law, including chapter 81 and 
     section 70103(c).
       ``(c) Checks of Commercial Vessels.--
       ``(1) Requirement.--Not less frequently than biennially, 
     the staff of the United States Merchant Marine Academy or the 
     Maritime Administration shall conduct both random and 
     targeted unannounced checks of not less than 10 percent of 
     the commercial vessels that host a midshipman from the 
     Academy.
       ``(2) Removal of students.--If such staff determine that 
     such a commercial vessel is in violation of the sexual 
     assault policy developed by the Academy through such a check, 
     such staff are authorized to remove any midshipman of the 
     Academy from the vessel and report any such violation to the 
     company that owns the vessel.
       ``(d) Maintenance of Sexual Assault Training Records.--The 
     Maritime Administrator shall require each company or seafarer 
     union for a commercial vessel to maintain records of sexual 
     assault training for the crew and passengers of any vessel 
     hosting a midshipman from the Academy.
       ``(e) Sea Year Survey.--
       ``(1) Requirement.--The Maritime Administrator shall 
     require each midshipman from the Academy upon completion of 
     the midshipman's Sea Year to complete a survey regarding the 
     environment and conditions during the Sea Year.
       ``(2) Availability.--The Maritime Administrator shall make 
     available to the public for each year--
       ``(A) the questions used in the survey required by 
     paragraph (1); and
       ``(B) the aggregated data received from such surveys.''.
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 513 of title 46, United States Code, as amended by 
     subtitle A of title XXXV of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328), 
     is amended by adding at the end the following:

``51320. Protection of students from sexual assault onboard vessels.''.

     SEC. 3512. TRAINING REQUIREMENT FOR SEXUAL ASSAULT 
                   INVESTIGATORS.

       Each employee of the Office of Inspector General of the 
     Department of Transportation

[[Page S4449]]

     who conducts investigations and who is assigned to the 
     Regional Investigations Office in New York, New York--
       (1) to participate in specialized training in conducting 
     sexual assault investigations; and
       (2) to attend at least 1 Federal Law Enforcement Training 
     Center (FLETC) sexual assault investigation course, or 
     equivalent sexual assault investigation training course, as 
     determined by the Inspector General, each year.
                                 ______
                                 
  SA 411. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS 
                   BY THE UNITED STATES.

       (a) Limitation on Detention.--Section 4001 of title 18, 
     United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) No person shall be imprisoned or otherwise detained 
     by the United States except consistent with the 
     Constitution.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b)(1) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, 
     shall not be construed to authorize the imprisonment or 
     detention without charge or trial of a person apprehended in 
     the United States.
       ``(2) Paragraph (1) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2018.
       ``(3) This section shall not be construed to authorize the 
     imprisonment or detention of any person who is apprehended in 
     the United States.''.
       (b) Repeal of Authority of the Armed Forces of the United 
     States to Detain Covered Persons Pursuant to the 
     Authorization for Use of Military Force.--Section 1021 of the 
     National Defense Authorization Act for Fiscal Year 2012 
     (Public Law 112-81; 10 U.S.C. 801 note) is repealed.
                                 ______
                                 
  SA 412. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AND AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ RESOLUTION OF 2002.

       (a) Finding.--Congress finds that neither the Authorization 
     for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 
     note) or the Authorization for Use of Military Force Against 
     Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 
     note) authorize the use of military force against the Islamic 
     State in Iraq and al-Sham (ISIS).
       (b) Repeal.--Effective as of the date that is six months 
     after the date of the enactment of this Act, the following 
     are repealed:
       (1) The Authorization for Use of Military Force.
       (2) The Authorization for Use of Military Force Against 
     Iraq Resolution of 2002.
                                 ______
                                 
  SA 413. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SMALL BUSINESS HEALTH PLANS.

       (a) Tax Treatment of Small Business Health Plans.--A small 
     business health plan (as defined in section 801(a) of the 
     Employee Retirement Income Security Act of 1974) shall be 
     treated--
       (1) as a group health plan (as defined in section 2791 of 
     the Public Health Service Act (42 U.S.C. 300gg-91)) for 
     purposes of applying title XXVII of the Public Health Service 
     Act (42 U.S.C. 300gg et seq.) and title XXII of such Act (42 
     U.S.C. 300bb-1);
       (2) as a group health plan (as defined in section 
     5000(b)(1) of the Internal Revenue Code of 1986) for purposes 
     of applying sections 4980B and 5000 and chapter 100 of the 
     Internal Revenue Code of 1986; and
       (3) as a group health plan (as defined in section 733(a)(1) 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1191b(a)(1))) for purposes of applying parts 6 and 7 
     of title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1161 et seq.).
       (b) Rules.--Subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1021 et 
     seq.) is amended by adding at the end the following new part:

      ``PART 8--RULES GOVERNING SMALL BUSINESS RISK SHARING POOLS

     ``SEC. 801. SMALL BUSINESS HEALTH PLANS.

       ``(a) In General.--For purposes of this part, the term 
     `small business health plan' means a fully insured group 
     health plan, offered by a health insurance issuer in the 
     large group market, whose sponsor is described in subsection 
     (b).
       ``(b) Sponsor.--The sponsor of a group health plan is 
     described in this subsection if such sponsor--
       ``(1) is a qualified sponsor and receives certification by 
     the Secretary;
       ``(2) is organized and maintained in good faith, with a 
     constitution or bylaws specifically stating its purpose and 
     providing for periodic meetings on at least an annual basis;
       ``(3) is established as a permanent entity;
       ``(4) is established for a purpose other than providing 
     health benefits to its members, such as an organization 
     established as a bona fide trade association, franchise, or 
     section 7705 organization; and
       ``(5) does not condition membership on the basis of a 
     minimum group size.

     ``SEC. 802. FILING FEE AND CERTIFICATION OF SMALL BUSINESS 
                   HEALTH PLANS.

       ``(a) Filing Fee.--A small business health plan shall pay 
     to the Secretary at the time of filing an application for 
     certification under subsection (b) a filing fee in the amount 
     of $5,000, which shall be available to the Secretary for the 
     sole purpose of administering the certification procedures 
     applicable with respect to small business health plans.
       ``(b) Certification.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of this part, the Secretary shall prescribe by 
     interim final rule a procedure under which the Secretary--
       ``(A) will certify a qualified sponsor of a small business 
     health plan, upon receipt of an application that includes the 
     information described in paragraph (2);
       ``(B) may provide for continued certification of small 
     business health plans under this part;
       ``(C) shall provide for the revocation of a certification 
     if the applicable authority finds that the small business 
     health plan involved fails to comply with the requirements of 
     this part;
       ``(D) shall conduct oversight of certified plan sponsors, 
     including periodic review, and consistent with section 504, 
     applying the requirements of sections 518, 519, and 520; and
       ``(E) will consult with a State with respect to a small 
     business health plan domiciled in such State regarding the 
     Secretary's authority under this part and other enforcement 
     authority under sections 502 and 504.
       ``(2) Information to be included in application for 
     certification.--An application for certification under this 
     part meets the requirements of this section only if it 
     includes, in a manner and form which shall be prescribed by 
     the applicable authority by regulation, at least the 
     following information:
       ``(A) Identifying information.
       ``(B) States in which the plan intends to do business.
       ``(C) Bonding requirements.
       ``(D) Plan documents.
       ``(E) Agreements with service providers.
       ``(3) Requirements for certified plan sponsors.--Not later 
     than 6 months after the date of enactment of this part, the 
     Secretary shall prescribe by interim final rule requirements 
     for certified plan sponsors that include requirements 
     regarding--
       ``(A) structure and requirements for boards of trustees or 
     plan administrators;
       ``(B) notification of material changes; and
       ``(C) notification for voluntary termination.
       ``(c) Filing Notice of Certification With States.--A 
     certification granted under this part to a small business 
     health plan shall not be effective unless written notice of 
     such certification is filed by the plan sponsor with the 
     applicable State authority of each State in which the small 
     business health plan operates.
       ``(d) Expedited and Deemed Certification.--
       ``(1) In general.--If the Secretary fails to act on a 
     complete application for certification under this section 
     within 90 days of receipt of such complete application, the 
     applying small business health plan sponsor shall be deemed 
     certified until such time as the Secretary may deny for cause 
     the application for certification.
       ``(2) Penalty.--The Secretary may assess a penalty against 
     the board of trustees, plan administrator, and plan sponsor 
     (jointly and severally) of a small business health plan 
     sponsor that is deemed certified under paragraph (1) of up to 
     $500,000 in the event the Secretary determines that the 
     application for certification of such small business health 
     plan sponsor was willfully or with gross negligence 
     incomplete or inaccurate.

     ``SEC. 803. PARTICIPATION AND COVERAGE REQUIREMENTS.

       ``(a) Covered Employers and Individuals.--The requirements 
     of this subsection

[[Page S4450]]

     are met with respect to a small business health plan if, 
     under the terms of the plan--
       ``(1) each participating employer must be--
       ``(A) a member of the sponsor;
       ``(B) the sponsor; or
       ``(C) an affiliated member of the sponsor, except that, in 
     the case of a sponsor which is a professional association or 
     other individual-based association, if at least one of the 
     officers, directors, or employees of an employer, or at least 
     one of the individuals who are partners in an employer and 
     who actively participates in the business, is a member or 
     such an affiliated member of the sponsor, participating 
     employers may also include such employer; and
       ``(2) all individuals commencing coverage under the plan 
     after certification under this part must be--
       ``(A) active or retired owners (including self-employed 
     individuals with or without employees), officers, directors, 
     or employees of, or partners in, participating employers; or
       ``(B) the dependents of individuals described in 
     subparagraph (A).
       ``(b) Participating Employers.--In applying requirements 
     relating to coverage renewal, a participating employer shall 
     not be deemed to be a plan sponsor.
       ``(c) Prohibition of Discrimination Against Employers and 
     Employees Eligible to Participate.--The requirements of this 
     subsection are met with respect to a small business health 
     plan if--
       ``(1) under the terms of the plan, no participating 
     employer may provide health insurance coverage in the 
     individual market for any employee not covered under the 
     plan, if such exclusion of the employee from coverage under 
     the plan is based on a health status-related factor with 
     respect to the employee and such employee would, but for such 
     exclusion on such basis, be eligible for coverage under the 
     plan; and
       ``(2) information regarding all coverage options available 
     under the plan is made readily available to any employer 
     eligible to participate.

     ``SEC. 804. DEFINITIONS; RENEWAL.

       ``For purposes of this part:
       ``(1) Affiliated member.--The term `affiliated member' 
     means, in connection with a sponsor--
       ``(A) a person who is otherwise eligible to be a member of 
     the sponsor but who elects an affiliated status with the 
     sponsor, or
       ``(B) in the case of a sponsor with members which consist 
     of associations, a person who is a member or employee of any 
     such association and elects an affiliated status with the 
     sponsor.
       ``(2) Applicable state authority.--The term `applicable 
     State authority' means, with respect to a health insurance 
     issuer in a State, the State insurance commissioner or 
     official or officials designated by the State to enforce the 
     requirements of title XXVII of the Public Health Service Act 
     for the State involved with respect to such issuer.
       ``(3) Franchisor; franchisee.--The terms `franchisor' and 
     `franchisee' have the meanings given such terms for purposes 
     of sections 436.2(a) through 436.2(c) of title 16, Code of 
     Federal Regulations (including any such amendments to such 
     regulation after the date of enactment of this part) and, for 
     purposes of this part, franchisor or franchisee employers 
     participating in such a group health plan shall not be 
     treated as the employer, co-employer, or joint employer of 
     the employees of another participating franchisor or 
     franchisee employer for any purpose.
       ``(4) Health plan terms.--The terms `group health plan', 
     `health insurance coverage', and `health insurance issuer' 
     have the meanings given such terms in section 733.
       ``(5) Individual market.--
       ``(A) In general.--The term `individual market' means the 
     market for health insurance coverage offered to individuals 
     other than in connection with a group health plan.
       ``(B) Treatment of very small groups.--
       ``(i) In general.--Subject to clause (ii), such term 
     includes coverage offered in connection with a group health 
     plan that has fewer than 2 participants as current employees 
     or participants described in section 732(d)(3) on the first 
     day of the plan year.
       ``(ii) State exception.--Clause (i) shall not apply in the 
     case of health insurance coverage offered in a State if such 
     State regulates the coverage described in such clause in the 
     same manner and to the same extent as coverage in the small 
     group market (as defined in section 2791(e)(5) of the Public 
     Health Service Act) is regulated by such State.
       ``(6) Participating employer.--The term `participating 
     employer' means, in connection with a small business health 
     plan, any employer, if any individual who is an employee of 
     such employer, a partner in such employer, or a self-employed 
     individual who is such employer with or without employees (or 
     any dependent, as defined under the terms of the plan, of 
     such individual) is or was covered under such plan in 
     connection with the status of such individual as such an 
     employee, partner, or self-employed individual in relation to 
     the plan.
       ``(7) Section 7705 organization.--The term `section 7705 
     organization' means an organization providing services for a 
     customer pursuant to a contract meeting the conditions of 
     subparagraphs (A), (B), (C), (D), and (E) (but not (F)) of 
     section 7705(e)(2) of the Internal Revenue Code of 1986, 
     including an entity that is part of a section 7705 
     organization control group . For purposes of this part, any 
     reference to `member' shall include a customer of a section 
     7705 organization except with respect to references to a 
     `member' or `members' in paragraph (1).''.
       (c) Preemption Rules.--Section 514 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1144) is 
     amended by adding at the end the following:
       ``(f) The provisions of this title shall supersede any and 
     all State laws insofar as they may now or hereafter preclude 
     a health insurance issuer from offering health insurance 
     coverage in connection with a small business health plan 
     which is certified under part 8.''.
       (d) Plan Sponsor.--Section 3(16)(B) of such Act (29 U.S.C. 
     102(16)(B)) is amended by adding at the end the following new 
     sentence: ``Such term also includes a person serving as the 
     sponsor of a small business health plan under part 8.''.
       (e) Savings Clause.--Section 731(c) of such Act is amended 
     by inserting ``or part 8'' after ``this part''.
       (f) Treatment of Income From Small Business Health Plans.--
     Section 513 of the Internal Revenue Code of 1986 is amended 
     by adding at the end the following new subsection:
       ``(k) Small Business Health Plans.--The term `unrelated 
     trade or business' does not include the sponsoring of a small 
     business health plan (as defined in section 801 of the 
     Employee Retirement Income Security Act of 1974).''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act. The Secretary of Labor shall first issue all 
     regulations necessary to carry out the amendments made by 
     this section within 6 months after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 414. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TREATMENT OF DIRECT PRIMARY CARE SERVICE 
                   ARRANGEMENTS.

       (a) In General.--Section 223(c) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(6) Treatment of direct primary care service 
     arrangements.--An arrangement under which an individual is 
     provided coverage restricted to primary care services in 
     exchange for a fixed periodic fee or payment for such 
     services--
       ``(A) shall not be treated as a health plan for purposes of 
     paragraph (1)(A)(ii), and
       ``(B) shall not be treated as insurance for purposes of 
     subsection (d)(2)(B).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 415. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS 
                   ACCOUNT INCREASED.

       (a) Self-only Coverage.--Section 223(b)(2)(A) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``$2,250'' and inserting ``$10,800''.
       (b) Family Coverage.--Section 223(b)(2)(B) of the Internal 
     Revenue Code of 1986 is amended by striking ``$4,500'' and 
     inserting ``$29,500''.
       (c) Cost-of-living Adjustment.--Section 223(g) of the 
     Internal Revenue Code of 1986 is amended--
       (1) in paragraph (1), by striking ``subsections (b)(2) 
     and'' both places it appears and inserting ``subsection'',
       (2) in paragraph (1)(B), by striking ``determined by'' and 
     all that follows through `` `calendar year 2003'.'' and 
     inserting ``determined by substituting `calendar year 2003' 
     for `calendar year 1992' in subparagraph (B) thereof.'',
       (3) by redesignating paragraph (2) as paragraph (3),
       (4) by inserting ``or (2)'' after ``paragraph (1)'' in 
     paragraph (3), as so redesignated, and
       (5) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Contribution limits.--In the case of any taxable year 
     beginning after December 31, 2018, each dollar amount in 
     subsection (b)(2) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which such taxable 
     year begins, determined by substituting `2017' for `1992' in 
     subparagraph (B) thereof.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

[[Page S4451]]

  

                                 ______
                                 
  SA 416. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCREASED FMAP FOR STATES THAT ADOPT MEDICAL 
                   LIABILITY REFORM LEGISLATION.

       Section 1905 of the Social Security Act (42 U.S.C. 1396d) 
     is amended--
       (1) in subsection (b), in the first sentence, by striking 
     ``and (aa)'' and inserting ``(aa), and (ee)'';
       (2) in subsection (cc)--
       (A) by striking ``and (aa)'' and inserting ``(aa), and 
     (ee)''; and
       (B) by inserting ``(or, in the case of an increase under 
     subsection (ee), for the fiscal quarter occurring immediately 
     prior to the first fiscal quarter during which the State is 
     eligible for such increase)'' after ``December 31, 2009,''; 
     and
       (3) by adding at the end the following:
       ``(ee) Increased FMAP for Medical Liability Reform.--
       ``(1) In general.--For fiscal years beginning on or after 
     October 1, 2017, notwithstanding subsection (b), for a State 
     that is one of the 50 States or the District of Columbia and 
     meets the requirement of paragraph (2) for the entire fiscal 
     year, the Federal medical assistance percentage otherwise 
     determined under such subsection and subsections (y), (z), 
     and (aa) for the State and year shall be increased by 1 
     percentage point.
       ``(2) Limitations on noneconomic damages in medical 
     liability cases.--A State meets the requirement of this 
     paragraph if State law provides that, in any action on a 
     health care liability claim where judgment is rendered for a 
     claimant, regardless of the number of defendants against whom 
     judgment is rendered or the number of separate causes of 
     action on which the claim is based--
       ``(A) the maximum collective amount of noneconomic damages 
     recoverable from one or more physicians or health care 
     providers that are not health care institutions (inclusive of 
     all persons and entities associated with the physician or 
     provider for which vicarious liability theories may apply) 
     against whom judgment is rendered shall not exceed $250,000 
     for each claimant;
       ``(B) the maximum amount of noneconomic damages recoverable 
     from any single health care institution (inclusive of all 
     persons and entities associated with the institution for 
     which vicarious liability theories may apply) against whom 
     judgment is rendered shall not exceed $250,000 for each 
     claimant; and
       ``(C) the maximum collective amount of noneconomic damages 
     recoverable from all health care institutions (inclusive of 
     all persons and entities associated with the institution for 
     which vicarious liability theories may apply) against whom 
     judgment is rendered shall not exceed $500,000 for each 
     claimant.
       ``(3) Noneconomic damages.--In this subsection, the term 
     `noneconomic damages' means damages awarded for the purpose 
     of compensating a claimant for physical pain and suffering, 
     mental or emotional pain or anguish, loss of consortium, 
     disfigurement, physical impairment, loss of companionship and 
     society, inconvenience, loss of enjoyment of life, injury to 
     reputation, and all other nonpecuniary losses of any kind 
     other than exemplary or punitive damages.''.
                                 ______
                                 
  SA 417. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RECIPROCAL MARKETING APPROVAL FOR CERTAIN DRUGS, 
                   BIOLOGICAL PRODUCTS, AND DEVICES.

       The Federal Food, Drug, and Cosmetic Act is amended by 
     inserting after section 524A of such Act (21 U.S.C. 360n-1) 
     the following:

     ``SEC. 524B. RECIPROCAL MARKETING APPROVAL.

       ``(a) In General.--A covered product with reciprocal 
     marketing approval in effect under this section is deemed to 
     be subject to an application or premarket notification for 
     which an approval or clearance is in effect under section 
     505(c), 510(k), or 515 of this Act or section 351(a) of the 
     Public Health Service Act, as applicable.
       ``(b) Eligibility.--The Secretary shall, with respect to a 
     covered product, grant reciprocal marketing approval if--
       ``(1) the sponsor of the covered product submits a request 
     for reciprocal marketing approval; and
       ``(2) the request demonstrates to the Secretary's 
     satisfaction that--
       ``(A) the covered product is authorized to be lawfully 
     marketed in one or more of the countries included in the list 
     under section 802(b)(1);
       ``(B) absent reciprocal marketing approval, the covered 
     product is not approved or cleared for marketing, as 
     described in subsection (a);
       ``(C) the Secretary has not, because of any concern 
     relating to the safety or effectiveness of the covered 
     product, rescinded or withdrawn any such approval or 
     clearance;
       ``(D) the authorization to market the covered product in 
     one or more of the countries included in the list under 
     section 802(b)(1) has not, because of any concern relating to 
     the safety or effectiveness of the covered product, been 
     rescinded or withdrawn;
       ``(E) the covered product is not a banned device under 
     section 516; and
       ``(F) there is a public health or unmet medical need for 
     the covered product in the United States.
       ``(c) Safety and Effectiveness.--
       ``(1) In general.--The Secretary--
       ``(A) may decline to grant reciprocal marketing approval 
     under this section with respect to a covered product if the 
     Secretary affirmatively determines that the covered product--
       ``(i) is a drug that is not safe and effective; or
       ``(ii) is a device for which there is no reasonable 
     assurance of safety and effectiveness; and
       ``(B) may condition reciprocal marketing approval under 
     this section on the conduct of specified postmarket studies, 
     which may include such studies pursuant to a risk evaluation 
     and mitigation strategy under section 505-1.
       ``(2) Report to congress.--Upon declining to grant 
     reciprocal marketing approval under this section with respect 
     to a covered product, the Secretary shall--
       ``(A) include the denial in a list of such denials for each 
     month; and
       ``(B) not later than the end of the respective month, 
     submit the list to the Committee on Energy and Commerce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor and Pensions of the Senate.
       ``(d) Request.--A request for reciprocal marketing approval 
     shall--
       ``(1) be in such form, be submitted in such manner, and 
     contain such information as the Secretary deems necessary to 
     determine whether the criteria listed in subsection (b)(2) 
     are met; and
       ``(2) include, with respect to each country included in the 
     list under section 802(b)(1) where the covered product is 
     authorized to be lawfully marketed, as described in 
     subsection (b)(2)(A), an English translation of the dossier 
     issued by such country to authorize such marketing.
       ``(e) Timing.--The Secretary shall issue an order granting, 
     or declining to grant, reciprocal marketing approval with 
     respect to a covered product not later than 30 days after the 
     Secretary's receipt of a request under subsection (b)(1) for 
     the product. An order issued under this subsection shall take 
     effect subject to Congressional disapproval under subsection 
     (g).
       ``(f) Labeling; Device Classification.--During the 30-day 
     period described in subsection (e)--
       ``(1) the Secretary and the sponsor of the covered product 
     shall expeditiously negotiate and finalize the form and 
     content of the labeling for a covered product for which 
     reciprocal marketing approval is to be granted; and
       ``(2) in the case of a device for which reciprocal 
     marketing approval is to be granted, the Secretary shall--
       ``(A) classify the device pursuant to section 513; and
       ``(B) determine whether, absent reciprocal marketing 
     approval, the device would need to be cleared pursuant to 
     section 510(k) or approved pursuant to section 515 to be 
     lawfully marketed under this Act.
       ``(g) Congressional Disapproval of FDA Orders.--
       ``(1) In general.--A decision of the Secretary to decline 
     to grant reciprocal marketing approval under this section 
     shall not take effect if a joint resolution of disapproval of 
     the decision is enacted.
       ``(2) Procedure.--
       ``(A) In general.--Subject to subparagraph (B), the 
     procedures described in subsections (b) through (g) of 
     section 802 of title 5, United States Code, shall apply to 
     the consideration of a joint resolution under this 
     subsection.
       ``(B) Terms.--For purposes of this subsection--
       ``(i) the reference to `section 801(a)(1)' in section 
     802(b)(2)(A) of title 5, United States Code, shall be 
     considered to refer to subsection (c)(2); and
       ``(ii) the reference to `section 801(a)(1)(A)' in section 
     802(e)(2) of title 5, United States Code, shall be considered 
     to refer to subsection (c)(2).
       ``(3) Effect of congressional disapproval.--Reciprocal 
     marketing approval under this section with respect to the 
     applicable covered product shall take effect upon enactment 
     of a joint resolution of disapproval under this subsection.
       ``(h) Applicability of Relevant Provisions.--The provisions 
     of this Act shall apply with respect to a covered product for 
     which reciprocal marketing approval is in effect to the same 
     extent and in the same manner as such provisions apply with 
     respect to a product for which approval or clearance of an 
     application or premarket notification under section 505(c), 
     510(k), or 515 of this Act or section 351(a) of the Public 
     Health Service Act, as applicable, is in effect.
       ``(i) Fees for Request.--For purposes of imposing fees 
     under chapter VII, a request for reciprocal marketing 
     approval under this section shall be treated as an 
     application or premarket notification for approval or 
     clearance under section 505(c), 510(k), or 515 of

[[Page S4452]]

     this Act or section 351(a) of the Public Health Service Act, 
     as applicable.
       ``(j) Outreach.--The Secretary shall conduct an outreach 
     campaign to encourage the sponsors of covered products that 
     are potentially eligible for reciprocal marketing approval to 
     request such approval.
       ``(k) Covered Product Defined.--In this section, the term 
     `covered product' means a drug, biological product, or 
     device.''.
                                 ______
                                 
  SA 418. Mr. CRUZ (for himself and Mr. Heller) submitted an amendment 
intended to be proposed to amendment SA 267 proposed by Mr. McConnell 
to the bill H.R. 1628, to provide for reconciliation pursuant to title 
II of the concurrent resolution on the budget for fiscal year 2017; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. HEALTH INSURANCE COVERAGE OFFERED ACROSS STATE 
                   LINES.

       Subpart I of part B of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-41 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 2746. HEALTH INSURANCE COVERAGE OFFERED ACROSS STATE 
                   LINES.

       ``(a) In General.--A health insurance issuer that is 
     licensed in, and qualified to offer health insurance coverage 
     in, a primary State may offer such health insurance coverage 
     in a secondary State regardless of whether the issuer is 
     licensed to sell insurance in such secondary State. In 
     offering such health insurance coverage in the secondary 
     State, all laws governing health insurance coverage of the 
     primary State shall apply and the laws governing health 
     insurance coverage of the secondary State shall not apply.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Primary state.--The term `primary State' means, with 
     respect to health insurance coverage offered by a health 
     insurance issuer, the State designated by the issuer as the 
     State whose covered laws shall govern the health insurance 
     issuer in the sale of such coverage under this title. An 
     issuer, with respect to a particular policy, may designate 
     only one such State as its primary State with respect to all 
     such coverage it offers. Such an issuer may not change the 
     designated primary State with respect to health insurance 
     coverage once the policy is issued, except that such a change 
     may be made upon renewal of the policy. With respect to such 
     designated State, the issuer is deemed to be doing business 
     in that State.
       ``(2) Secondary state.--The term `secondary State' means, 
     with respect to health insurance coverage offered by a health 
     insurance issuer, any State that is not the primary State. In 
     the case of a health insurance issuer that is selling a 
     policy in, or to a resident of, a secondary State, the issuer 
     is deemed to be doing business in that secondary State.
       ``(3) State.--The term `State' means the 50 States and 
     includes the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Northern Mariana 
     Islands.''.
                                 ______
                                 
  SA 419. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     1. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT 
                   AND THE HEALTH CARE AND EDUCATION 
                   RECONCILIATION ACT OF 2010.

       (a) Patient Protection and Affordable Care Act.--Effective 
     on January 1, 2018, the Patient Protection and Affordable 
     Care Act (Public Law 111-148) is repealed and the provisions 
     of law amended or repealed by such Act are restored or 
     revived as if such Act had not been enacted.
       (b) Health Care and Education Reconciliation Act of 2010.--
     Effective on January 1, 2018, the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152) is repealed 
     and the provisions of law amended or repealed by such Act are 
     restored or revived as if such Act had not been enacted.
                                 ______
                                 
  SA 420. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. OPTIONAL MEDICAID PRICE TRANSPARENCY.

       (a) In General.--Section 1902 of the Social Security Act 
     (42 U.S.C. 1396a), as previously amended, is further amended 
     by adding at the end the following new subsection:
       ``(pp) Optional Medicaid Price Transparency.--
       ``(1) In general.--At the option of a State, the State may 
     require as a condition for a hospital to be a participating 
     provider under the State plan under this title or under a 
     waiver of such plan, for the State to establish a system to 
     collect and make publically available and accessible a 
     database that contains the average, aggregate value of the 
     total cost for such medical procedures as the State may 
     specify that are incurred at the hospital. For purposes of 
     the preceding sentence, the `average, aggregate value of the 
     total cost of a procedure' shall not include a patient's 
     expected cost-sharing contribution for the procedure.
       ``(2) HIPAA protection.--A State establishing a database 
     under this subsection shall establish procedures to protect 
     the privacy of patients in accordance with regulations 
     promulgated under section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996.''.
       (b) Increase in Matching Rate for Implementation.--Section 
     1903 of the Social Security Act (42 U.S.C. 1396b)as 
     previously amended, is further amended by adding at the end 
     the following:
       ``(bb) The Federal matching percentage otherwise applicable 
     under subsection (a) with respect to State administrative 
     expenditures during a calendar quarter for which the State 
     receives payment under such subsection shall, in addition to 
     any other increase to such Federal matching percentage, be 
     increased for such calendar quarter by 5 percentage points 
     with respect to State expenditures attributable to activities 
     carried out by the State (and approved by the Secretary) to 
     implement subsection (pp) of section 1902.''.
                                 ______
                                 
  SA 421. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ALLOWING ALL INDIVIDUALS PURCHASING HEALTH 
                   INSURANCE IN THE INDIVIDUAL MARKET THE OPTION 
                   TO PURCHASE A LOWER PREMIUM CATASTROPHIC PLAN.

       (a) In General.--Section 1302(e) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18022(e)) is amended by 
     adding at the end the following:
       ``(4) Consumer freedom.--For plan years beginning on or 
     after January 1, 2018, paragraph (1)(A) shall not apply with 
     respect to any plan offered in the State.''.
       (b) Risk Pools.--Section 1312(c) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18032(c)) is amended--
       (1) in paragraph (1), by inserting ``and including, with 
     respect to plan years beginning on or after January 1, 2018, 
     enrollees in catastrophic plans described in section 
     1302(e)'' after ``Exchange''; and
       (2) in paragraph (2), by inserting ``and including, with 
     respect to plan years beginning on or after January 1, 2018, 
     enrollees in catastrophic plans described in section 
     1302(e)'' after ``Exchange''.
       (c) Allowance of Premium Tax Credit for Catastrophic 
     Plans.--
       (1) In general.--Section 36B(c)(3)(A) of the Internal 
     Revenue Code of 1986 is amended by striking ``, except that 
     such term shall not include a qualified health plan that is a 
     catastrophic plan described in section 1302(e) of such Act''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2017.
                                 ______
                                 
  SA 422. Mrs. McCASKILL submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       Beginning on page 686, line 7, strike ``or'' and all that 
     follows through page 687, line 2, and insert the following:
       (B) in accordance with the Quality Standards for Inspection 
     and Evaluation issued by the Council of the Inspectors 
     General on Integrity and Efficiency (commonly referred to as 
     the ``CIGIE Blue Book''); or
       (C) if not prepared in accordance with the standards 
     referred to in subparagraphs (A) or (B), in accordance with 
     the Quality Standards for Federal Offices of Inspector 
     General (commonly referred to as the ``CIGIE Silver Book'').
       (2) Specification of quality standards followed.--Each 
     product published or issued by an Inspector General relating 
     to the oversight of programs and activities funded under the 
     Afghanistan Security Forces Fund shall cite within such 
     product the quality standards followed in conducting and 
     reporting the work concerned.
       (3) Waiver.--An Inspector General may waive the 
     applicability of paragraph (1) to a specific product relating 
     to the oversight by an Inspector General of activities and 
     programs funded under the Afghanistan Security Forces Fund if 
     the Inspector General
                                 ______
                                 
  SA 423. Mr. NELSON submitted an amendment intended to be proposed by

[[Page S4453]]

him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 737. STUDY ON SAFE OPIOID PRESCRIBING PRACTICES.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the effectiveness of the training provided to health care 
     providers of the Department of Defense regarding opioid 
     prescribing practices, initiatives in opioid safety, the use 
     of the VA/DOD Clinical Practice Guideline for Management of 
     Opioid Therapy for Chronic Pain, and other related training.
       (b) Elements.--The study under subsection (a) shall address 
     the effectiveness of training with respect to the following:
       (1) Identifying and treating individuals with chronic pain.
       (2) Prescribing opioid analgesics, including--
       (A) reducing average dosages;
       (B) reducing average number of dosages;
       (C) reducing initial and average durations of opioid 
     analgesic therapy;
       (D) reducing dose escalation when opioid analgesic therapy 
     has resulted in adequate pain reduction; and
       (E) reducing the average number of prescription opioid 
     analgesics dispensed by the Department of Defense.
       (3) Reducing the number of overdoses due to prescription 
     opioids for patients with acute pain and patients undergoing 
     opioid therapy for chronic pain.
       (4) Developing validated opioid dependence screening tools 
     for health care providers of the Department.
       (5) Communicating to health care providers of the 
     Department changes in policies of the Department regarding 
     opioid safety and prescribing practices.
       (6) Providing education on the risks of opioid medications 
     to individuals for whom such medications are prescribed and 
     to their families, with special consideration given to 
     raising awareness among adolescents on such risks.
       (7) Providing counseling and referrals for, and expanding 
     access to, treatment alternatives to opioid analgesics.
       (8) Developing and implementing a physician advisory 
     committee of the Department relating to education programs 
     for prescribers of opioid analgesics.
       (9) Developing methods to incentivize health care providers 
     of the Department to use physical therapy or alternative 
     methods to treat acute or chronic pain.
       (10) Developing curricula on pain management and safe 
     opioid analgesic prescribing that incorporates opioid 
     analgesic prescribing guidelines issued by the Centers for 
     Disease Control and Prevention.
       (c) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall provide to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a briefing on the results of the study 
     conducted under subsection (a).
                                 ______
                                 
  SA 424. Mr. NELSON (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. 710. ELIGIBILITY FOR TRICARE FOR VETERANS ENTITLED TO 
                   MEDICARE BENEFITS DUE TO CONDITIONS OR INJURIES 
                   INCURRED DURING SERVICE IN THE ARMED FORCES.

       (a) TRICARE Provisions.--
       (1) In general.--Paragraph (2) of section 1086(d) of title 
     10, United States Code, is amended--
       (A) in subparagraph (A), by striking ``is enrolled'' and 
     inserting ``(i) is enrolled'';
       (B) by redesignating subparagraph (B) as clause (ii);
       (C) in clause (ii), as redesignated by paragraph (2), by 
     striking the period at the end and inserting ``; or''; and
       (D) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) is a person described in subparagraph (A)(ii) who--
       ``(i) is retired for disability under chapter 61 of this 
     title as a result of an injury or condition suffered during 
     service in the armed forces;
       ``(ii)(I) is entitled to hospital insurance benefits under 
     part A of title XVIII of the Social Security Act pursuant to 
     subparagraph (A) or (C) of section 226(b)(2) of such Act (42 
     U.S.C. 426(b)(2)) and is entitled to a benefit described in 
     subparagraph (A) of such section; or
       ``(II) is entitled to hospital insurance benefits under 
     part A of title XVIII of the Social Security Act pursuant to 
     subparagraph (A) or (C) of such section and whose entitlement 
     to a benefit described in subparagraph (A) of such section 
     terminated due to performance of substantial gainful 
     activity; and
       ``(iii) has declined to enroll in the supplementary medical 
     insurance program under part B of title XVIII of the Social 
     Security Act (42 U.S.C. 1395j et seq.).''.
       (2) Allowance of one change of enrollment.--Such section is 
     further amended by adding at the end the following new 
     paragraph:
       ``(6)(A) Except as provided in subparagraph (B), after the 
     end of the special enrollment period provided under section 
     2(a)(3) of the National Defense Authorization Act for Fiscal 
     Year 2018, an individual described in paragraph (2)(B) may 
     switch only once from enrollment under the Medicare program 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) to enrollment in a plan contracted for under 
     subsection (a).
       ``(B) The limitation under subparagraph (A) does not apply 
     to enrollment by an individual in a plan contracted for under 
     subsection (a) by reason of termination of the entitlement of 
     the individual to a benefit described in subparagraph (A) of 
     section 226(b)(2) of the Social Security Act (42 U.S.C. 
     426(b)(2)) due to the performance of substantial gainful 
     activity.''.
       (3) Special enrollment period.--
       (A) In general.--The Secretary of Defense shall provide for 
     a special enrollment period during which an individual 
     described in subsection (d)(2)(B) of section 1086 of title 
     10, United States Code, may enroll in a health care plan 
     under such section. Such period shall begin as soon as 
     possible after the date of the enactment of this Act and 
     shall end 12 months later.
       (B) Coverage period.--In the case of an individual who 
     enrolls during the special enrollment period provided under 
     subparagraph (A), the coverage period under section 1086 of 
     title 10, United States Code, shall begin on the first day of 
     the month following the month in which the individual 
     enrolls.
       (4) Conforming amendments.--Section 1086(d) of title 10, 
     United States Code, is amended--
       (A) in paragraph (4)(A), in the matter preceding clause 
     (i), by striking ``paragraph (2)(B)'' and inserting 
     ``paragraph (2)(A)(ii)''; and
       (B) in paragraph (5)--
       (i) by striking ``subparagraph (B)'' and inserting 
     ``subparagraph (A)(ii)''; and
       (ii) by striking ``subparagraph (A)'' and inserting 
     ``subparagraph (A)(i)''.
       (b) Medicare Provisions.--
       (1) Waiver of medicare part b late enrollment penalty.--
       (A) In general.--Section 1839(b) of the Social Security Act 
     (42 U.S.C. 1395r(b)) is amended by adding at the end the 
     following new sentences: ``No increase in the premium shall 
     be effected for a month in the case of an individual who 
     demonstrates to the Secretary that the individual, with 
     respect to such month, is an individual described in section 
     1086(d)(2)(B) of title 10, United States Code. The Secretary 
     of Health and Human Services shall consult with the Secretary 
     of Defense in identifying individuals described in the 
     previous sentence.''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall apply to premiums for months beginning after the date 
     of the enactment of this Act. The Secretary shall establish a 
     method for providing rebates of premium penalties paid for 
     months after the date of the enactment of this Act for which 
     a penalty does not apply under such amendment but for which a 
     penalty was previously collected.
       (2) Medicare part b special enrollment period.--
       (A) In general.--In the case of any individual who, as of 
     the date of the enactment of this Act, is eligible to enroll 
     but is not enrolled under part B of title XVIII of the Social 
     Security Act and is an individual described in section 
     1086(d)(2)(B) of title 10, United States Code, the Secretary 
     of Health and Human Services shall provide for a special 
     enrollment period during which the individual may enroll 
     under such part. Such period shall begin as soon as possible 
     after the date of the enactment of this Act and shall end 12 
     months later.
       (B) Coverage period.--In the case of an individual who 
     enrolls during the special enrollment period provided under 
     subparagraph (A), the coverage period under part B of title 
     XVIII of the Social Security Act shall begin on the first day 
     of the month following the month in which the individual 
     enrolls.
       (c) Notification and Information to Beneficiaries.--
       (1) Notification regarding insurance options.--The 
     Secretary of Defense shall coordinate with the Secretary of 
     Health and Human Services to identify individuals described 
     in section 1086(d)(2)(B) of title 10, United States Code, as 
     added by subsection (a), and notify those individuals about 
     their health insurance options under the TRICARE program, as 
     defined in section 1072 of such title, and the Medicare 
     program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.).
       (2) Provision of information to beneficiaries.--
       (A) In general.--The Secretary of Defense shall provide to 
     individuals described in paragraph (1) educational materials, 
     information, and counseling regarding the effects of not 
     enrolling in the supplementary medical insurance program 
     under part B of title XVIII of the Social Security Act (42 
     U.S.C. 1395j et seq.), including information comparing 
     premiums, copayments, deductibles,

[[Page S4454]]

     provider networks, future enrollment opportunities, and 
     penalties for the various health insurance plans available to 
     assist those individuals in making appropriate health 
     insurance choices.
       (B) Timing.--The Secretary shall provide the educational 
     materials, information, and counseling described in 
     subparagraph (A) to an individual described in paragraph (1) 
     before the individual elects to change enrollment between the 
     TRICARE program, as defined in section 1072 of title 10, 
     United States Code, and the Medicare program under title 
     XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
                                 ______
                                 
  SA 425. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR 
                   BENEFITS PLAN SURVIVOR ANNUITIES BY DEPENDENCY 
                   AND INDEMNITY COMPENSATION.

       (a) Repeal.--
       (1) In general.--Subchapter II of chapter 73 of title 10, 
     United States Code, is amended as follows:
       (A) In section 1450, by striking subsection (c).
       (B) In section 1451(c)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--Such subchapter is further 
     amended as follows:
       (A) In section 1450--
       (i) by striking subsection (e);
       (ii) by striking subsection (k); and
       (iii) by striking subsection (m).
       (B) In section 1451(g)(1), by striking subparagraph (C).
       (C) In section 1452--
       (i) in subsection (f)(2), by striking ``does not apply--'' 
     and all that follows and inserting ``does not apply in the 
     case of a deduction made through administrative error.''; and
       (ii) by striking subsection (g).
       (D) In section 1455(c), by striking ``, 1450(k)(2),''.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (f) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (f) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Repeal of Authority for Optional Annuity for Dependent 
     Children.--Section 1448(d) of such title is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraph (2)(B), the Secretary concerned'' and inserting 
     ``The Secretary concerned''; and
       (2) in paragraph (2)--
       (A) by striking ``Dependent children.--'' and all that 
     follows through ``In the case of a member described in 
     paragraph (1),'' and inserting ``Dependent children annuity 
     when no eligible surviving spouse.--In the case of a member 
     described in paragraph (1)''; and
       (B) by striking subparagraph (B).
       (e) Restoration of Eligibility for Previously Eligible 
     Spouses.--The Secretary of the military department concerned 
     shall restore annuity eligibility to any eligible surviving 
     spouse who, in consultation with the Secretary, previously 
     elected to transfer payment of such annuity to a surviving 
     child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on the day before the effective date provided under 
     subsection (f). Such eligibility shall be restored whether or 
     not payment to such child or children subsequently was 
     terminated due to loss of dependent status or death. For the 
     purposes of this subsection, an eligible spouse includes a 
     spouse who was previously eligible for payment of such 
     annuity and is not remarried, or remarried after having 
     attained age 55, or whose second or subsequent marriage has 
     been terminated by death, divorce or annulment.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.
                                 ______
                                 
  SA 426. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1088. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR 
                   CERTAIN INDIVIDUALS AFFILIATED WITH AIR 
                   AMERICA.

       (a) Amendments.--
       (1) In general.--Section 8332(b) of title 5, United States 
     Code, is amended--
       (A) in paragraph (16), by striking ``and'' at the end;
       (B) in paragraph (17), by striking the period at the end 
     and inserting ``; and'';
       (C) by adding after paragraph (17) the following:
       ``(18) any period of service performed not later than 1977, 
     while a citizen of the United States, in the employ of Air 
     America, Inc., or any associated company (including any 
     entity associated with, predecessor to, or subsidiary to Air 
     America, Inc., including Air Asia Company Limited, CAT 
     Incorporated, Civil Air Transport Company Limited, and the 
     Pacific Division of Southern Air Transport), during the 
     period that Air America, Inc., or such other company or 
     entity, was owned and controlled by the United States 
     Government.''; and
       (D) by adding at the end the following: ``For purposes of 
     this subchapter, service of the type described in paragraph 
     (18) of this subsection shall be considered to have been 
     service as an employee.''.
       (2) Exemption from deposit requirement.--Section 8334(g) of 
     title 5, United States Code, is amended--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(7) any service for which credit is allowed under section 
     8332(b)(18) of this title.''.
       (b) Applicability.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     with respect to an annuity commencing on or after the 
     effective date of this section.
       (2) Provisions relating to current annuitants.--
       (A) In general.--Any individual who is entitled to an 
     annuity for the month in which this section becomes effective 
     may, upon submitting an application to the Office of 
     Personnel Management not later than 2 years after the 
     effective date of this section, have the amount of that 
     annuity recomputed as if the amendments made by this section 
     had been in effect throughout all periods of service on the 
     basis of which that annuity is or may be based.
       (B) Recomputation.--Any recomputation made under 
     subparagraph (A) shall be effective as of the commencement 
     date of the annuity, and any additional amounts becoming 
     payable for periods before the first month for which the 
     recomputation is reflected in the regular monthly annuity 
     payments of an individual shall be payable to the individual 
     in the form of a lump-sum payment.
       (3) Provisions relating to individuals eligible for (but 
     not currently receiving) an annuity.--
       (A) In general.--Any individual not described in paragraph 
     (2) who becomes eligible for an annuity or for an increased 
     annuity as a result of the enactment of this section may 
     elect to have the rights of the individual under subchapter 
     III of chapter 83 of title 5, United States Code, determined 
     as if the amendments made by this section had been in effect, 
     throughout all periods of service on the basis of which that 
     annuity is or would be based, by submitting an application to 
     the Office of Personnel Management not later than 2 years 
     after--
       (i) the effective date of this section; or
       (ii) if later, the date on which the individual separates 
     from service.
       (B) Commencement date, etc.--
       (i) In general.--Any entitlement to an annuity, or to an 
     increased annuity resulting from an application submitted 
     under subparagraph (A), for an individual shall be effective 
     as of the commencement date of that annuity (subject to 
     clause (ii), if applicable), and any amounts becoming payable 
     for periods before the first month for which regular monthly 
     annuity payments begin to be made in accordance with the 
     amendments made by this section shall be payable to the 
     individual in the form of a lump-sum payment.
       (ii) Retroactivity.--Any determination of the amount, or of 
     the commencement date, of any annuity, all the requirements 
     for entitlement to which (including separation, but 
     disregarding any application requirement) would have been 
     satisfied before the effective date of this section if this 
     section had been in effect (but would not then otherwise have 
     been satisfied absent this section), shall be made as if an 
     application for that annuity had been submitted as of the 
     earliest date that would have been allowable, after the 
     separation of the individual from service, if the amendments 
     made by this section had been in effect throughout the 
     periods of service described in subparagraph (A).
       (4) Right to file on behalf of a decedent.--
       (A) In general.--The regulations under subsection (d)(1) 
     shall include provisions, consistent with the order of 
     precedence set

[[Page S4455]]

     forth in section 8342(c) of title 5, United States Code, 
     under which a survivor of an individual who performed service 
     described in section 8332(b)(18) of that title (as added by 
     subsection (a) of this section) shall be allowed to submit an 
     application on behalf of and to receive any lump-sum payment 
     that would otherwise have been payable to the decedent under 
     paragraph (2) or (3) of this subsection.
       (B) Deadline.--An application described in subparagraph (A) 
     shall not be valid unless the application is filed within 2 
     years after the effective date of this section or 1 year 
     after the date on which the decedent dies, whichever is 
     later.
       (c) Funding.--
       (1) Lump-sum payments.--Any lump-sum payment under 
     subsection (b) shall be payable out of the Civil Service 
     Retirement and Disability Fund.
       (2) Unfunded liability.--Any increase in the unfunded 
     liability of the Civil Service Retirement System attributable 
     to the enactment of this section shall be financed in 
     accordance with section 8348(f) of title 5, United States 
     Code.
       (d) Regulations and Special Rule.--
       (1) Regulations.--
       (A) In general.--Except as provided in paragraph (2), the 
     Director of the Office of Personnel Management shall 
     prescribe any regulations necessary to carry out this 
     section.
       (B) Contents.--The regulations prescribed under 
     subparagraph (A) shall include provisions under which rules 
     similar to those established under section 201 of the Federal 
     Employees' Retirement System Act of 1986 (Public Law 99-335; 
     100 Stat. 514) shall be applied with respect to any service 
     described in section 8332(b)(18) of title 5, United States 
     Code (as added by subsection (a) of this section), that was 
     subject to title II of the Social Security Act (42 U.S.C. 401 
     et seq.).
       (2) Special rule.--For the purposes of any application for 
     any benefit that is computed or recomputed taking into 
     account any service described in section 8332(b)(18) of title 
     5, United States Code (as added by subsection (a) of this 
     section), section 8345(i)(2) of that title shall be applied 
     by deeming the reference to the date of the ``other event 
     which gives rise to title to the benefit'' to refer to the 
     effective date of this section, if later than the date of the 
     event that would otherwise apply.
       (e) Effective Date.--This section shall take effect on the 
     date that is the first day of the first fiscal year beginning 
     after the date of enactment of this Act.
       (f) Definitions.--In this section--
       (1) the term ``annuity'' includes a survivor annuity; and
       (2) the terms ``survivor'' and ``unfunded liability'' have 
     the meanings given those terms in section 8331 of title 5, 
     United States Code.
                                 ______
                                 
  SA 427. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. COLLABORATION BETWEEN FEDERAL AVIATION 
                   ADMINISTRATION AND DEPARTMENT OF DEFENSE ON 
                   UNMANNED AIRCRAFT SYSTEMS.

       (a) Collaboration Between Federal Aviation Administration 
     in Department of Defense Required.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration and the Secretary of Defense shall collaborate 
     on developing standards, policies, and procedures for sense 
     and avoid capabilities for unmanned aircraft systems.
       (2) Elements.--The collaboration required by paragraph (1) 
     shall include the following:
       (A) Sharing information and technology on safely 
     integrating unmanned aircraft systems and manned aircraft in 
     the national airspace system and fielding remote and virtual 
     towers.
       (B) Building upon the experience of the Air Force and the 
     Department of Defense to inform the Federal Aviation 
     Administration's development of civil standards, policies, 
     and procedures for integrating unmanned aircraft systems in 
     the national airspace system.
       (C) Assisting in the development of best practices for 
     unmanned aircraft airworthiness certification, development of 
     airborne and ground-based sense and avoid capabilities for 
     unmanned aircraft systems, and research and development on 
     unmanned aircraft systems, especially with respect to matters 
     involving human factors, information assurance, and security.
       (b) Participation by Federal Aviation Administration in 
     Department of Defense Activities.--
       (1) In general.--The Administrator may participate and 
     provide assistance for participation in test and evaluation 
     efforts of the Department of Defense, including the Air 
     Force, relating to ground-based sense and avoid and airborne 
     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 the Center of Excellence for 
     Unmanned Aircraft Systems and unmanned aircraft systems test 
     ranges designated under section 332(c) of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).
       (c) Unmanned Aircraft System 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).
                                 ______
                                 
  SA 428. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. 1088. DESIGNATION OF SECRETARY OF THE AIR FORCE AS 
                   DEPARTMENT OF DEFENSE EXECUTIVE AGENT FOR A 
                   CERTAIN DEFENSE PRODUCTION ACT PROGRAM.

       (a) Prohibition on Cancellation of Designation.--The 
     Secretary of Defense may not implement the decision, issued 
     on July 1, 2017, to cancel the designation, under Department 
     of Defense Directive 4400.01E, entitled ``Defense Production 
     Act Programs'' and dated October 12, 2001, of the Secretary 
     of the Air Force as the Department of Defense Executive Agent 
     for the program carried out under title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4531 et seq.).
       (b) Designation.--The Secretary of the Air Force shall 
     continue to serve as the Department of Defense Executive 
     Agent for the program described in subsection (a) on and 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 429. Mr. LANKFORD (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 267 proposed by Mr. 
McConnell to the bill H.R. 1628, to provide for reconciliation pursuant 
to title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MEMBERS OF HEALTH CARE SHARING MINISTRIES ELIGIBLE 
                   TO ESTABLISH HEALTH SAVINGS ACCOUNTS.

       (a) In General.--Section 223 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(i) Application to Health Care Sharing Ministries.--For 
     purposes of this section, membership in a health care sharing 
     ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be 
     treated as coverage under an HSA-qualified health plan.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 430. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FINDINGS; SENSE OF THE SENATE.

       (a) Findings.--The Senate finds as follows:
       (1) Obamacare's employer mandate has had a devastating 
     impact on the job market in the United States since it took 
     effect in its earliest form in 2015 . Small businesses and 
     the jobs they create have been stifled by the punishing 
     consequences of this government mandate.
       (2) Under Obamacare, the employer mandate generally imposes 
     a tax penalty on employers if they have 50 or more full-time 
     equivalent employees and do not offer health insurance that 
     meets all of the standards under the law.
       (3) In 2015, the Congressional Budget Office (referred to 
     in this section as ``CBO'') found that these penalties are 
     being passed on to employees in the form of reduced wages. In 
     2016, these reduced wages equaled $2,160 per employee 
     according to CBO's estimates. This means that any company 
     that ignored the employer mandate in 2016 is likely to face 
     fines of over $2,000 per employee in 2017.
       (4) CBO expects that, by 2025, the amount of reduced wages 
     per worker will balloon to $3,500.
       (5) In addition, CBO projects that wages are being even 
     further reduced because companies cannot deduct the penalty 
     as an expense, on account of Obamacare. To compensate for 
     paying business taxes on higher accounting profits, companies 
     are being

[[Page S4456]]

     forced to reduce wages by more than the amount of the penalty 
     payments.
       (6) CBO estimates that the penalty represents a 7 percent 
     increase in the tax rate of employees at firms that are 
     subject to the employer mandate penalty.
       (7) In addition, Obamacare's employer mandate requires that 
     all businesses with at least 50 full-time equivalents provide 
     their full-time workers with health insurance coverage that 
     satisfies the law's requirements. Employers who fail to offer 
     coverage that satisfies the employer mandate are subject to 
     the penalties.
       (8) In 2015, CBO found that defining full-time employment 
     as a 40-hour week rather than a 30-hour week would alleviate 
     $45,000,000,000 in tax penalties on employers over the 
     following decade.
       (9) The employer mandate penalty creates incentives for 
     businesses to reduce their hiring or shift their workforce 
     toward part-time jobs.
       (10) These stark realities are playing out all across the 
     country as businesses are now well into year 2 of mandatory 
     compliance with this onerous mandate and its negative effect 
     on jobs.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the committee of jurisdiction of the Senate should 
     review--
       (1) the economic impact that Obamacare's employer mandate 
     and redefinition of full-time employment as a 30-hour work 
     week has had on businesses, employee wages, and the job 
     market as a whole; and
       (2) the effect on the job market, if Congress were to enact 
     policy to restore the 40-hour work week definition, and 
     eliminate the current 30-hour definition that is purely 
     arbitrary and serves as a damaging barrier to more hours and 
     better pay for American workers.
                                 ______
                                 
  SA 431. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FINDINGS; SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) Since January 1, 2013, medical device manufacturers 
     have struggled under a 2.3 percent tax imposed by Obamacare 
     on the sale of certain medical devices. The misguided purpose 
     of that tax was to operate like an excise tax by raising 
     revenue at the point of sale to offset the cost of 
     Obamacare's insurance and Medicaid expansions by taxing 
     companies who help patients get access to life-saving medical 
     technologies.
       (2) The tax was in effect from 2010 through 2015, but the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113) 
     temporarily suspended the tax for 2016 and 2017. The tax is 
     now set to resume in 2018.
       (3) Initially expected to produce $3,200,000,000, 
     supporters of the device tax argue that it would be similar 
     to the windfall profits tax from the 1980s, and recapture the 
     excess gains that medical device manufacturers are expected 
     to receive from the Patient Protection and Affordable Care 
     Act.
       (4) Taxable medical devices are defined by law as any 
     device ``intended for use in the diagnosis of disease or 
     other conditions, or in the cure, mitigation, treatment, or 
     prevention of disease in man or other animals . . . or 
     intended to affect the structure or function of the body of 
     man.'' Based on this definition, the tax would be levied on 
     critical devices such as pacemakers and defibrillators.
       (5) Since its enactment, the medical device tax has been a 
     major drag on medical innovation and contributed to the loss 
     or deferred creation of jobs, reduced research and 
     development, and slowed capital expansion. What is even more 
     troubling is that this tax was imposed without any real 
     policy justification, as the tax is not grounded in any 
     health care policy. As it stands under current law, it is not 
     connected to individual insurance coverage under Obamacare - 
     it was designed purely as a means of raising revenue from the 
     industry to offset the budgetary impact of the Patient 
     Protection and Affordable Care Act.
       (6) At its most basic level, this tax violates commonly 
     accepted principles of sound tax policy. In a 2015 report, 
     the Congressional Research Service paid close attention to 
     excise taxes in particular, stating that, ``Viewed from the 
     perspective of traditional economic and tax theory. . .the 
     tax is challenging to justify. In general, tax policy is 
     considered more efficient when differential excise taxes are 
     not imposed. It is generally more efficient to raise revenue 
     from a broad tax base.''.
       (7) The effects of the tax are felt across the industry, as 
     every dollar of revenue (not income or profit) earned by a 
     company is generally subject to the tax. For larger, 
     established companies, the device tax represents millions in 
     financial capital that could be used to expand research and 
     create jobs. For smaller, start-up firms, the effect is much 
     worse - not only does it deter company growth, since the tax 
     is imposed on the first dollar of revenue earned, but it also 
     restricts the ability of established medical technology 
     companies to invest in or acquire start-up companies by 
     limiting the amount of available capital for growth.
       (8) Individual companies are already making important 
     planning decisions for the next fiscal year. Companies are 
     already making significant commitments of time and resources 
     to enable or restart their systems to accurately capture, 
     report, and pay the tax if it goes back into effect at the 
     end of the year. The longer Congress waits to act, the more 
     capital device companies will waste that could go towards 
     major medical breakthroughs to help patients, and more 
     broadly towards advancing the state of our nation's medical 
     technology.
       (9) Permanently repealing the device tax will provide 
     medical technology innovators with the long-term certainty 
     necessary to support future job growth and sustainable, 
     research and development that will ultimately lead to the 
     next generation of breakthroughs in patient care and 
     treatment. With any other policy outcome, effective planning 
     for a sustainable future becomes much more difficult.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the committee of jurisdiction in the Senate should 
     conduct a full review and assessment of the economic impact 
     of the medical device tax since its inception under the 
     Patient Protection and Affordable Care Act. Such review and 
     assessment should include consideration of the impact of the 
     tax on job creation, capital formation, research and 
     development, and medical technology innovation.
                                 ______
                                 
  SA 432. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF HEALTH CARE REFORM PROVISIONS LIMITING 
                   MEDICARE EXCEPTION TO THE PROHIBITION ON 
                   CERTAIN PHYSICIAN REFERRALS FOR HOSPITALS.

       Sections 6001 and 10601 of the Patient Protection and 
     Affordable Care Act (Public Law 111-148; 124 Stat. 684, 1005) 
     and section 1106 of the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152; 124 Stat. 
     1049) are repealed and the provisions of law amended by such 
     sections are restored as if such sections had never been 
     enacted.
                                 ______
                                 
  SA 433. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPEAL OF AUTHORITY OF THE PRESIDENT TO DETERMINE 
                   AN ALTERNATIVE ANNUAL PAY ADJUSTMENT FOR 
                   MEMBERS OF THE UNIFORMED SERVICES BASED ON 
                   SERIOUS ECONOMIC CONDITIONS.

       Section 1009(e) of title 37, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``or serious economic 
     conditions affecting the general welfare'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
                                 ______
                                 
  SA 434. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 953. REQUIREMENT FOR NATIONAL LANGUAGE SERVICE CORPS.

       (a) In General.--Subsection (a)(1) of 813 of the David L. 
     Boren National Security Education Act of 1991 (50 U.S.C. 
     1913) is amended by striking ``may establish and maintain'' 
     and inserting ``shall establish and maintain''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by striking ``If the Secretary establishes the 
     Corps, the Secretary'' and inserting ``The Secretary''.
                                 ______
                                 
  SA 435. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:


[[Page S4457]]


  

       At the appropriate place in subtitle C of title XVI, insert 
     the following:

     SEC. ___. REPORT ON PROGRESS MADE IN IMPLEMENTING THE CYBER 
                   EXCEPTED PERSONNEL SYSTEM.

       Section 1599f(h)(2) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(F) An assessment of the progress made in implementing 
     the Cyber Excepted Personnel System.''.
                                 ______
                                 
  SA 436. Mr. ROUNDS (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. 338. COMPREHENSIVE PLAN FOR SHARING DEPOT-LEVEL 
                   MAINTENANCE BEST PRACTICES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a 
     comprehensive plan for the sharing of best practices for 
     depot-level maintenance among the military services.
       (b) Elements.--The comprehensive plan required under 
     subsection (a) shall cover the sharing of best practices with 
     regard to--
       (1) programing and scheduling;
       (2) core capability requirements;
       (3) workload;
       (4) personnel management, development, and sustainment;
       (5) induction, duration, efficiency, and completion 
     metrics;
       (6) parts, supply, tool, and equipment management;
       (7) capital investment and manufacturing and production 
     capability; and
       (8) inspection and quality control.
                                 ______
                                 
  SA 437. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle C of title XVI, insert 
     the following:

     SEC. ___. SENSE OF CONGRESS ON ESTABLISHING AN AWARD PROGRAM 
                   FOR THE CYBER COMMUNITY OF THE DEPARTMENT OF 
                   DEFENSE.

       It is the sense of Congress that the Secretary of Defense 
     should consider--
       (1) establishing an award program for employees of the 
     Department of Defense who carry out the cyber missions or 
     functions of the Department of Defense;
       (2) all award options under law or policy, including 
     compensation, time off, and status awards;
       (3) awards based upon operational impact and meritorious 
     service;
       (4) providing the largest possible opportunity for such 
     members or employees to earn such rewards without regard to 
     type of position, grade, years of service, experience or past 
     performance;
       (5) individual and organization rewards; and
       (6) other factors, as the Secretary considers appropriate, 
     that would reward and provide incentive to cyber personnel or 
     organizations.
                                 ______
                                 
  SA 438. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 583. INCLUSION OF SPECIFIC ELECTRONIC MAIL ADDRESS BLOCK 
                   ON CERTIFICATE OF RELEASE OR DISCHARGE FROM 
                   ACTIVE DUTY.

       (a) Modification Required.--The Secretary of Defense shall 
     modify the Certificate of Release or Discharge from Active 
     Duty (DD Form 214) to include a specific block explicitly 
     identified as the location in which a member of the Armed 
     Forces may provide one or more electronic mail addresses by 
     which the member may be contacted after discharge or release 
     from active duty in the Armed Forces.
       (b) Voluntary Provision of Addresses.--The provision of one 
     or more electronic mail addresses by a member in a 
     Certificate of Release or Discharge from Active Duty, as 
     modified by subsection (a), shall be voluntary and entirely 
     at the election of the member.
       (c) Deadline for Modification.--The Secretary shall release 
     a revised Certificate of Release or Discharge from Active 
     Duty, modified as required by subsection (a), not later than 
     one year after the date of the enactment of this Act.
                                 ______
                                 
  SA 439. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON AIR-TO-GROUND MUNITIONS SUPPLIED BY THE 
                   UNITED STATES TO SAUDI ARABIA.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall, in consultation 
     with the Director of National Intelligence, submit to 
     Congress a report setting forth the following:
       (1) An assessment by the Secretary whether the use of air-
     to-ground munitions sold or otherwise supplied by the United 
     States to the Government of Saudi Arabia have resulted in 
     civilian casualties.
       (2) An analysis of trends in the scope of civilian 
     casualties since the onset of the official involvement of 
     Saudi Arabia in the conflict in Yemen.
       (3) Recommendations on actions to be taken to mitigate the 
     incidence of civilian casualties in Yemen.
                                 ______
                                 
  SA 440. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       On page 8, strike line 11 and insert the following:
       (2) No annual or lifetime caps.--Paragraph (3) of section 
     36B(c) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new subparagraph:
       ``(C) No annual or lifetime caps.--Such term shall not 
     include a qualified health plan which has an annual or 
     lifetime cap on benefits, or any plan which does not cover 
     all necessary treatment for a condition until cured 
     (including rehabilitation or reconstruction procedures).''.
       (3) Effective date.--The amendments made
                                 ______
                                 
  SA 441. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NO DISENROLLMENT OF CHILDREN FROM MEDICAID WITHOUT 
                   PROOF OF ALTERNATIVE INSURANCE COVERAGE.

       Beginning with the date of enactment of this Act, any child 
     who is enrolled in a State Medicaid program shall not be 
     disenrolled from such program without proof that the child 
     has alternative insurance coverage that is equally affordable 
     and that provides at least the same level of coverage.
                                 ______
                                 
  SA 442. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIRING MEDICAID COVERAGE FOR CERTAIN ADULTS WITH 
                   HIGH INSURANCE COSTS.

       (a) In General.--Beginning with the date of enactment of 
     this Act, each State shall provide medical assistance through 
     the State Medicaid program to any individual residing in the 
     State who is between 50 and 64 years of age and who 
     demonstrates that the least expensive private health 
     insurance coverage available to such individual would require 
     the individual to pay premiums that would exceed 9.5 percent 
     of such individual's income.
       (b) Enhanced FMAP.--The Federal medical assistance 
     percentage applicable to medical assistance provided by a 
     State under the State Medicaid program to individuals 
     described in subsection (a) shall be equal to 100 percent.
                                 ______
                                 
  SA 443. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIRING MEDICAID COVERAGE FOR CERTAIN ADULTS WITH 
                   HIGH INSURANCE COSTS.

       Beginning with the date of enactment of this Act, each 
     State shall provide medical

[[Page S4458]]

     assistance through the State Medicaid program to any 
     individual residing in the State who is between 50 and 64 
     years of age and who demonstrates that the least expensive 
     private health insurance coverage available to such 
     individual would require the individual to pay premiums that 
     would exceed 9.5 percent of such individual's income.
                                 ______
                                 
  SA 444. Ms. HIRONO (for herself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by her to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   PRIVATIZE MEDICARE OR LIMIT FEDERAL FUNDING FOR 
                   MEDICAID.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that 
     would--
       (1) increase the eligibility age under the Medicare program 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.);
       (2) privatize the Medicare program or turn the program into 
     a voucher system; or
       (3) decrease or cap Federal funding of State Medicaid 
     programs under title XIX of such Act (42 U.S.C. 1396 et 
     seq.), or alter such funding of such programs in such a 
     manner that would decrease the amount of Federal funding 
     available to States to elect to provide medical assistance to 
     low-income, non-elderly individuals under the eligibility 
     option established by the Affordable Care Act in section 
     1902(a)(10)(A)(i)(VIII) of such Act (42 U.S.C. 
     1396a(a)(10)(A)(i)(VIII)).
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
                                 ______
                                 
  SA 445. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PREVENTING REDUCTIONS IN HEALTH COVERAGE, INCREASED 
                   OUT-OF-POCKET COSTS, AND INCREASED TAXES FOR 
                   INDIVIDUALS IN THE STATE OF HAWAII.

       If, within 30 days of the date of the enactment of this 
     Act, the Governor of Hawaii provides a certification to the 
     Secretary of Health and Human Services and the Secretary of 
     Treasury that provisions of, or amendments made by, this Act 
     will result in reductions in health coverage, increased out-
     of-pocket costs, or increased taxes for individuals in 
     Hawaii, such provisions and amendments shall, as of the date 
     of such certification, not apply to Hawaii (including 
     residents of Hawaii).
                                 ______
                                 
  SA 446. Mr. BLUNT submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       On page 33, insert the following after line 11:
       ``(D) Safety net care providers.--Payments made for 
     services provided by rural health clinics described in clause 
     (B) of section 1905(a)(2), Federally-qualified health centers 
     as described in clause (C) of section 1905(a)(2), under the 
     terms specified in section 1902(bb), and certified community 
     behavioral health clinics as described in Section 223 of the 
     Protecting Access to Medicare Act.
                                 ______
                                 
  SA 447. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill H.R. 1628, to provide for reconciliation 
pursuant to title II of the concurrent resolution on the budget for 
fiscal year 2017; which was ordered to lie on the table; as follows:

       Strike sections 111 through 121.
                                 ______
                                 
  SA 448. Mr. TESTER (for himself, Mrs. McCaskill, Mr. Franken, Mrs. 
Murray, and Mr. Blumenthal) submitted an amendment intended to be 
proposed by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     TITLE __--SERVICEMEMBERS AND VETERANS EMPOWERMENT AND SUPPORT

     SEC. ___. SHORT TITLE.

       This title may be cited as the ``Servicemembers and 
     Veterans Empowerment and Support Act of 2017''.

     SEC. ___. EXPANSION OF COVERAGE BY THE DEPARTMENT OF VETERANS 
                   AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL 
                   TRAUMA.

       (a) Coverage of Cyber Harassment of a Sexual Nature.--
     Paragraph (1) of section 1720D(a) of title 38, United States 
     Code, is amended by inserting ``cyber harassment of a sexual 
     nature,'' after ``battery of a sexual nature,''.
       (b) Expansion of Availability for Members of the Armed 
     Forces.--Paragraph (2)(A) of such section is amended--
       (1) by striking ``on active duty''; and
       (2) by inserting ``that was suffered by the member while 
     serving on active duty, active duty for training, or inactive 
     duty training'' before the period at the end.

     SEC. ___. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL 
                   HEALTH CONDITIONS RELATED TO MILITARY SEXUAL 
                   TRAUMA.

       (a) Standard of Proof.--Section 1154 of title 38, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(c)(1) In the case of any veteran who claims that a 
     covered mental health condition was incurred in or aggravated 
     by military sexual trauma during active military, naval, or 
     air service, the Secretary shall accept as sufficient proof 
     of service-connection a diagnosis of such mental health 
     condition by a mental health professional together with 
     satisfactory lay or other evidence of such trauma and an 
     opinion by the mental health professional that such covered 
     mental health condition is related to such military sexual 
     trauma, if consistent with the facts of their service, 
     notwithstanding the fact that there is no official record of 
     such incurrence or aggravation in such service, and, to that 
     end, shall resolve every reasonable doubt in favor of the 
     veteran. Service-connection of such covered mental health 
     condition may be rebutted by clear and convincing evidence to 
     the contrary. The reasons for granting or denying service-
     connection in each case shall be recorded in full.
       ``(2) In this subsection:
       ``(A) The term `covered mental health condition' means 
     post-traumatic stress disorder, anxiety, depression, or other 
     mental health diagnosis described in the current version of 
     the Diagnostic and Statistical Manual of Mental Disorders 
     published by the American Psychiatric Association that the 
     Secretary determines to be related to military sexual trauma.
       ``(B) The term `military sexual trauma' means, with respect 
     to a veteran, a physical assault of a sexual nature, battery 
     of a sexual nature, cyber harassment of a sexual nature, or 
     sexual harassment which occurred during active military, 
     naval, or air service.''.
       (b) Use of Evidence in Evaluating Disability Claims 
     Involving Military Sexual Trauma.--
       (1) In general.--Subchapter VI of chapter 11 of such title 
     is amended by adding at the end the following new section:

     ``Sec. 1164. Evaluation of claims involving military sexual 
       trauma

       ``(a) Nonmilitary Sources of Evidence.--(1) In carrying out 
     section 1154(c) of this title, the Secretary shall ensure 
     that if a claim for compensation under this chapter is 
     received by the Secretary for post-traumatic stress disorder 
     based on a physical assault of a sexual nature, battery of a 
     sexual nature, cyber harassment of a sexual nature, or sexual 
     harassment experienced by a veteran during active military, 
     naval, or air service, evidence from sources other than 
     official records of the Department of Defense regarding the 
     veteran's service may corroborate the veteran's account of 
     the assault, battery, or harassment.
       ``(2) Examples of evidence described in paragraph (1) 
     include the following:
       ``(A) Records from law enforcement authorities, rape crisis 
     centers, mental health counseling centers, hospitals, and 
     physicians.
       ``(B) Pregnancy tests and tests for sexually transmitted 
     diseases.
       ``(C) Statements from family members, roommates, other 
     members of the Armed Forces or veterans, and clergy.
       ``(b) Behavior Changes Corroborating Evidence.--(1) In 
     carrying out section 1154(c) of this title, the Secretary 
     shall ensure that evidence of a behavior change following an 
     assault, battery, or harassment described in subsection 
     (a)(1) is one type of relevant evidence that may be found in 
     sources described in such subsection.
       ``(2) Examples of behavior changes that may be relevant 
     evidence of an assault, battery, or harassment described in 
     subsection (a)(1) include the following:
       ``(A) A request for a transfer to another military duty 
     assignment.
       ``(B) Deterioration in work performance.
       ``(C) Substance abuse.
       ``(D) Episodes of depression, panic attacks, or anxiety 
     without an identifiable cause.
       ``(E) Unexplained economic or social behavior changes.
       ``(c) Notice and Opportunity To Supply Evidence.--The 
     Secretary may not deny a claim of a veteran for compensation 
     under

[[Page S4459]]

     this chapter for a post-traumatic stress disorder that is 
     based on an assault, battery, or harassment described in 
     subsection (a)(1) without first--
       ``(1) advising the veteran that evidence described in 
     subsections (a) and (b) may constitute credible corroborating 
     evidence of the assault, battery, or harassment; and
       ``(2) allowing the veteran an opportunity to furnish such 
     corroborating evidence or advise the Secretary of potential 
     sources of such evidence.
       ``(d) Review of Evidence.--In reviewing a claim for 
     compensation described in subsection (a)(1), for any evidence 
     received with such claim that is described in subsection (a) 
     or (b), the Secretary may submit such evidence to such 
     medical or mental health professional as the Secretary 
     considers appropriate, including clinical and counseling 
     experts employed by the Department, to obtain a credible 
     opinion as to whether the evidence indicates that an assault, 
     battery, or harassment described in subsection (a)(1) 
     occurred.
       ``(e) Point of Contact.--The Secretary shall ensure that 
     each document provided to a veteran relating to a claim for 
     compensation described in subsection (a)(1) includes contact 
     information for an appropriate point of contact with the 
     Department.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1164. Evaluation of claims involving military sexual trauma.''.
       (c) Annual Reports.--
       (1) In general.--Subchapter VI of chapter 11 of title 38, 
     United States Code, as amended by subsection (b), is further 
     amended by adding at the end the following new section:

     ``Sec. 1165. Reports on claims for disabilities incurred or 
       aggravated by military sexual trauma

       ``(a) Reports.--Not later than March 1, 2018, and not less 
     frequently than once each year thereafter through 2027, the 
     Secretary shall submit to Congress a report on covered claims 
     submitted during the previous fiscal year to identify and 
     track the consistency of decisions across regional offices.
       ``(b) Elements.--Each report under subsection (a) shall 
     include the following:
       ``(1) The number of covered claims submitted to or 
     considered by the Secretary during the fiscal year covered by 
     the report.
       ``(2) Of the covered claims listed under paragraph (1), the 
     number and percentage of such claims--
       ``(A) submitted by each sex;
       ``(B) that were approved, including the number and 
     percentage of such approved claims submitted by each sex; and
       ``(C) that were denied, including the number and percentage 
     of such denied claims submitted by each sex.
       ``(3) Of the covered claims listed under paragraph (1) that 
     were approved, the number and percentage, disaggregated by 
     sex, of claims assigned to each rating percentage.
       ``(4) Of the covered claims listed under paragraph (1) that 
     were denied--
       ``(A) the three most common reasons given by the Secretary 
     under section 5104(b)(1) of this title for such denials; and
       ``(B) the number of denials that were based on the failure 
     of a veteran to report for a medical examination.
       ``(5) The number of covered claims that, as of the end of 
     the fiscal year covered by the report, are pending and, 
     separately, the number of such claims on appeal.
       ``(6) For the fiscal year covered by the report, the 
     average number of days that covered claims take to complete, 
     beginning on the date on which the claim is submitted.
       ``(7) A description of the training that the Secretary 
     provides to employees of the Veterans Benefits Administration 
     specifically with respect to covered claims, including the 
     frequency, length, and content of such training.
       ``(c) Definitions.--In this section:
       ``(1) The term `covered claims' means claims for disability 
     compensation submitted to the Secretary based on a covered 
     mental health condition alleged to have been incurred or 
     aggravated by military sexual trauma.
       ``(2) The terms `covered mental health condition' and 
     `military sexual trauma' have the meanings given such terms 
     in section 1154(c)(3) of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter, as amended by subsection (b), is 
     further amended by adding at the end the following new item:

``1165. Reports on claims for disabilities incurred or aggravated by 
              military sexual trauma.''.
       (d) Effective Date.--Subsection (c) of section 1154 of 
     title 38, United States Code, as added by subsection (a), 
     shall apply with respect to any claim for disability 
     compensation under laws administered by the Secretary of 
     Veterans Affairs for which no final decision has been made 
     before the date of the enactment of this Act.

     SEC. ___. INFORMATION FOR MEMBERS OF THE ARMED FORCES 
                   REGARDING AVAILABILITY OF SERVICES AT VET 
                   CENTERS.

       (a) In General.--The Secretary of Defense shall inform 
     members of the Armed Forces, using mechanisms available to 
     the Secretary, of the eligibility of such members for 
     services at Vet Centers.
       (b) Information From Sexual Assault Response 
     Coordinators.--The Secretary shall ensure that Sexual Assault 
     Response Coordinators of the Department of Defense advise 
     members of the Armed Forces who report instances of military 
     sexual trauma regarding the eligibility of such members for 
     services at Vet Centers.
       (c) Definitions.--In this section:
       (1) Military sexual trauma.--The term ``military sexual 
     trauma'' means psychological trauma described in section 
     1720D(a)(1) of title 38, United States Code.
       (2) Vet center.--The term ``Vet Center'' has the meaning 
     given that term in section 1712A(h) of such title.
                                 ______
                                 
  SA 449. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. INCREASE IN CIVIL PENALTY UNDER INTERNATIONAL 
                   EMERGENCY ECONOMIC POWERS ACT.

       Section 206(b)(1) of the International Emergency Economic 
     Powers Act (50 U.S.C. 1705(b)(1)) is amended by striking 
     ``$250,000'' and inserting ``$1,000,000''.
                                 ______
                                 
  SA 450. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       On page 192, strike lines 21 through 24.
                                 ______
                                 
  SA 451. Mr. BLUMENTHAL (for himself, Mr. Whitehouse, Mr. Durbin, and 
Ms. Hirono) submitted an amendment intended to be proposed by him to 
the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of division __, add the following:

          TITLE XVII--JUSTICE FOR SERVICEMEMBERS AND VETERANS

     SECTION 1700. SHORT TITLE.

       This title may be cited as the ``Justice for Servicemembers 
     and Veterans Act of 2017''.

             Subtitle A--Employment and Reemployment Rights

     SEC. 1701. ACTION FOR RELIEF IN ENFORCEMENT OF EMPLOYMENT AND 
                   REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED 
                   SERVICES WITH RESPECT TO A STATE OR PRIVATE 
                   EMPLOYER.

       (a) Initiation of Actions.--Paragraph (1) of subsection (a) 
     of section 4323 of title 38, United States Code, is amended 
     by striking the third sentence and inserting the following 
     new sentences: ``If the Attorney General is reasonably 
     satisfied that the person on whose behalf the complaint is 
     referred is entitled to the rights or benefits sought, the 
     Attorney General may commence an action for relief under this 
     chapter, including on behalf of the person. The person on 
     whose behalf the complaint is referred may, upon timely 
     application, intervene in such action and may obtain such 
     appropriate relief as provided in subsections (d) and (e).''.
       (b) Attorney General Notice to Servicemember of Decision.--
     Paragraph (2) of such subsection is amended to read as 
     follows:
       ``(2)(A) Not later than 60 days after the date the Attorney 
     General receives a referral under paragraph (1), the Attorney 
     General shall transmit, in writing, to the person on whose 
     behalf the complaint is submitted--
       ``(i) if the Attorney General has made a decision about 
     whether the United States will commence an action for relief 
     under paragraph (1) relating to the complaint of the person, 
     notice of the decision; and
       ``(ii) if the Attorney General has not made such a 
     decision, notice of when the Attorney General expects to make 
     such a decision.
       ``(B) If the Attorney General notifies a person of when the 
     Attorney General expects to make a decision under 
     subparagraph (A)(ii), the Attorney General shall, not later 
     than 30 days after the date on which the Attorney General 
     makes such decision, notify, in writing, the person of such 
     decision.''.
       (c) Pattern or Practice Cases.--Such subsection is further 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) (as amended by 
     paragraph (2) of this subsection) the following new paragraph 
     (3):
       ``(3) Whenever the Attorney General has reasonable cause to 
     believe that a State (as an employer) or a private employer 
     is engaged in a pattern or practice of resistance

[[Page S4460]]

     to the full enjoyment of any of the rights or benefits 
     secured by this chapter, the Attorney General may commence an 
     action under this chapter.''.
       (d) Actions by Private Persons.--Subparagraph (C) of 
     paragraph (4) of such subsection, as redesignated by 
     paragraph (3)(A), is amended by striking ``refused'' and all 
     that follows and inserting ``notified by the Attorney General 
     that the Attorney General does not intend to bring a civil 
     action.''.
       (e) Conforming Amendment.--Subsection (h)(2) of such 
     section is amended by striking ``subsection (a)(2)'' and 
     inserting ``subsection (a)(1) or subsection (a)(4)''.

     SEC. 1702. WAIVER OF SOVEREIGN IMMUNITY FOR ENFORCEMENT OF 
                   EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS 
                   OF UNIFORMED SERVICES.

       (a) In General.--Paragraph (2) of section 4323(b) of title 
     38, United States Code, is amended to read as follows:
       ``(2)(A) In the case of an action against a State (as an 
     employer), any instrumentality of a State, or any officer or 
     employee of a State or instrumentality of a State acting in 
     that officer or employee's official capacity, by any person, 
     the action may be brought in the appropriate district court 
     of the United States or in a State court of competent 
     jurisdiction, and the State, instrumentality of the State, or 
     officer or employee of the State or instrumentality acting in 
     that officer or employee's official capacity shall not be 
     immune under the Eleventh Amendment of the Constitution, or 
     under any other doctrine of sovereign immunity, from such 
     action.
       ``(B)(i) No State, instrumentality of such State, or 
     officer or employee of such State or instrumentality of such 
     State, acting in that officer or employee's official 
     capacity, that receives or uses Federal financial assistance 
     for a program or activity shall be immune, under the Eleventh 
     Amendment of the Constitution or under any other doctrine of 
     sovereign immunity, from suit in Federal or State court by 
     any person for any violation under this chapter related to 
     such program or activity.
       ``(ii) In an action against a State brought pursuant to 
     subsection (a), a court may award the remedies (including 
     remedies both at law and in equity) that are available under 
     subsections (d) and (e).''.
       (b) Modification of Purposes.--Section 4301(a) of such 
     title is amended, in the matter before paragraph (1), by 
     striking ``The'' and inserting ``Pursuant to the power of 
     Congress to enact this chapter under section 8 of article I 
     of the Constitution of the United States, the''.

     SEC. 1703. VENUE FOR CASES AGAINST PRIVATE EMPLOYERS FOR 
                   VIOLATIONS OF EMPLOYMENT AND REEMPLOYMENT 
                   RIGHTS OF MEMBERS OF UNIFORMED SERVICES.

       Section 4323(c)(2) of title 38, United States Code, is 
     amended by striking ``United States district court for any 
     district in which the private employer of the person 
     maintains a place of business.'' and inserting ``United 
     States district court for--
       ``(A) any district in which the employer maintains a place 
     of business;
       ``(B) any district in which a substantial part of the 
     events or omissions giving rise to the claim occurred; or
       ``(C) if there is no district in which an action may 
     otherwise be brought as provided in subparagraph (A) or (B), 
     any district in which the employer is subject to the court's 
     personal jurisdiction with respect to such action.''.

     SEC. 1704. STANDING IN CASES INVOLVING VIOLATIONS OF 
                   EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS 
                   OF UNIFORMED SERVICES BY STATES AND PRIVATE 
                   EMPLOYERS.

       Section 4323(f) of title 38, United States Code, is 
     amended--
       (1) by inserting ``by the United States or'' after ``may be 
     initiated only''; and
       (2) by striking ``or by the United States under subsection 
     (a)(1)''.

     SEC. 1705. CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL IN 
                   ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT 
                   RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH 
                   RESPECT TO STATES AND PRIVATE EMPLOYERS.

       Section 4323 of title 38, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i) Issuance and Service of Civil Investigative Demands 
     by Attorney General.--(1) Whenever the Attorney General has 
     reason to believe that any person may be in possession, 
     custody, or control of any documentary material relevant to 
     an investigation under this chapter, the Attorney General 
     may, before commencing a civil action under subsection (a), 
     issue in writing and cause to be served upon such person, a 
     civil investigative demand requiring--
       ``(A) the production of such documentary material for 
     inspection and copying;
       ``(B) that the custodian of such documentary material 
     answer in writing written questions with respect to such 
     documentary material; or
       ``(C) the production of any combination of such documentary 
     material or answers.
       ``(2) The provisions governing the authority to issue, use, 
     and enforce civil investigative demands under section 3733 of 
     title 31 (known as the `False Claims Act') shall govern the 
     authority to issue, use, and enforce civil investigative 
     demands under paragraph (1), except that for purposes of that 
     paragraph--
       ``(A) a reference in that section to false claims law 
     investigators or investigations shall be applied as referring 
     to investigators or investigations under this chapter;
       ``(B) a reference to interrogatories shall be applied as 
     referring to written questions, and answers to such need not 
     be under oath;
       ``(C) the statutory definitions for purposes of that 
     section relating to `false claims law' shall not apply; and
       ``(D) provisions of that section relating to qui tam 
     relators shall not apply.''.

     SEC. 1706. TREATMENT OF DISABILITY DISCOVERED AFTER EMPLOYEE 
                   ENTITLED TO REEMPLOYMENT BY REASON OF UNIFORMED 
                   SERVICE STATUS RESUMES EMPLOYMENT.

       Section 4313(a)(3) of title 38, United States Code, is 
     amended, in the matter before subparagraph (A), by inserting 
     ``including a disability that is brought to the employer's 
     attention within 5 years after the person resumes 
     employment,'' after ``during, such service,''.

     SEC. 1707. BURDEN OF IDENTIFYING PROPER REEMPLOYMENT 
                   POSITIONS FOR EMPLOYEES ENTITLED TO 
                   REEMPLOYMENT BY REASON OF UNIFORMED SERVICE 
                   STATUS.

       Section 4313 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) For purposes of this section, the employer shall have 
     the burden of identifying the appropriate reemployment 
     positions.''.

     SEC. 1708. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND 
                   REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED 
                   SERVICES.

       (a) Clarification Regarding Definition of Rights and 
     Benefits.--Section 4303(2) of title 38, United States Code, 
     is amended--
       (1) by inserting ``(A)'' before ``The term''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Any procedural protections or provisions set forth in 
     this chapter shall also be considered a right or benefit 
     subject to the protection of this chapter.''.
       (b) Clarification Regarding Relation to Other Law and Plans 
     for Agreements.--Section 4302 of such title is amended by 
     adding at the end the following:
       ``(c)(1) Pursuant to this section and the procedural rights 
     afforded by subchapter III of this chapter, any agreement to 
     arbitrate a claim under this chapter is unenforceable, unless 
     all parties consent to arbitration after a complaint on the 
     specific claim has been filed in court or with the Merit 
     Systems Protection Board and all parties knowingly and 
     voluntarily consent to have that particular claim subjected 
     to arbitration.
       ``(2) For purposes of this subsection, consent shall not be 
     considered voluntary when a person is required to agree to 
     arbitrate an action, complaint, or claim alleging a violation 
     of this chapter as a condition of future or continued 
     employment, advancement in employment, or receipt of any 
     right or benefit of employment.''.

                        Subtitle B--Civil Relief

     SEC. 1711. IMPROVED PROTECTION OF MEMBERS OF UNIFORMED 
                   SERVICES AGAINST DEFAULT JUDGMENTS.

       (a) Appointment of Attorney To Represent Defendant in 
     Military Service.--Paragraph (2) of section 201(b) of the 
     Servicemembers Civil Relief Act (50 U.S.C. 3931(b)) is 
     amended to read as follows:
       ``(2) Appointment of attorney to represent defendant in 
     military service.--
       ``(A) In general.--If in an action covered by this section 
     it appears that the defendant is in military service, the 
     court shall not enter a judgment until after the court 
     appoints an attorney to represent the defendant.
       ``(B) Actions of attorney.--
       ``(i) In general.--The court appointed attorney shall act 
     only in the best interests of the defendant.
       ``(ii) Request for stay of proceedings.--The court 
     appointed attorney, when appropriate to represent the best 
     interests of the defendant, shall request a stay of 
     proceedings under this Act.
       ``(iii) Faithful performance.--The court shall require the 
     court appointed attorney to perform duties faithfully and, 
     upon failure to do so, shall discharge the attorney and 
     appoint another.
       ``(C) Location.--
       ``(i) In general.--The court appointed attorney shall use 
     due diligence to locate and contact the defendant.
       ``(ii) Provision of contact information.--The plaintiff 
     must provide to the court appointed attorney all contact 
     information it has for the defendant.
       ``(iii) Report on efforts to locate.--A court appointed 
     attorney unable to make contact with the defendant shall 
     report to the court on all of the attorney's efforts to make 
     contact.
       ``(iv) Implications of failure to locate.--If an attorney 
     appointed under this section to represent a defendant in 
     military service cannot locate the defendant, actions by the 
     attorney in the case shall not waive any defense of the 
     servicemember or otherwise bind the servicemember.

[[Page S4461]]

       ``(D) Notification and assertion of rights.--
       ``(i) Notification of rights.--Upon making contact with the 
     defendant, the court appointed attorney shall advise the 
     defendant of the nature of the lawsuit and the defendant's 
     rights provided by this Act, including rights to obtain a 
     stay and to request the court to adjust an obligation.
       ``(ii) Assertion of rights.--Regardless of whether contact 
     is made under clause (i), the court appointed attorney shall 
     assert such rights on behalf of defendant if there is an 
     adequate basis in law and fact, unless the defendant provides 
     informed consent to not assert such rights.''.
       (b) Expansion of Authority for Court To Vacate or Set Aside 
     Judgment.--Paragraph (1) of section 201(g) of the 
     Servicemembers Civil Relief Act (50 U.S.C. 3931(g)) is 
     amended by striking subparagraphs (A) and (B) and inserting 
     the following new subparagraphs (A) and (B):
       ``(A)(i) the servicemember was materially affected by 
     reason of that military service in making a defense to the 
     action; and
       ``(ii) the servicemember has a meritorious or legal defense 
     to the action or some part of it; or
       ``(B) an attorney appointed to represent the servicemember 
     failed to adequately represent the best interests of the 
     defendant.''.

     SEC. 1712. AUTHORITY FOR ISSUANCE AND SERVICE OF CIVIL 
                   INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL.

       (a) In General.--Section 801 of the Servicemembers Civil 
     Relief Act (50 U.S.C. 4041) is amended by adding at the end 
     the following new subsection:
       ``(d) Issuance and Service of Civil Investigative 
     Demands.--
       ``(1) In general.--Whenever the Attorney General has reason 
     to believe that any person may be in possession, custody, or 
     control of any documentary material relevant to an 
     investigation under this Act, the Attorney General may, 
     before commencing a civil action under subsection (a), issue 
     in writing and serve upon such person, a civil investigative 
     demand requiring--
       ``(A) the production of such documentary material for 
     inspection and copying;
       ``(B) that the custodian of such documentary material 
     answer in writing written questions with respect to such 
     documentary material; or
       ``(C) the production of any combination of such documentary 
     material or answers.
       ``(2) Procedures.--The provisions of section 3733 of title 
     31, United States Code, governing the authority to issue, 
     use, and enforce civil investigative demands shall apply with 
     respect to the authority to issue, use, and enforce civil 
     investigative demands under this section, except that, for 
     purposes of applying such section 3733--
       ``(A) references in that section to false claims law 
     investigators or investigations shall be read as references 
     to investigators or investigations;
       ``(B) references in that section to interrogatories shall 
     be read as references to written questions, and answers to 
     such need not be under oath;
       ``(C) the statutory definitions relating to `false claims 
     law' shall not apply; and
       ``(D) provisions relating to qui tam relators shall not 
     apply.''.
       (b) Retroactive Applicability.--Section 801 of such Act (50 
     U.S.C. 4041), as amended by subsection (a), shall apply as if 
     such section were included in the enactment of the Soldiers' 
     and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, chapter 
     888) and included in the restatement of such Act in Public 
     Law 108-189.

     SEC. 1713. ORAL NOTICE SUFFICIENT TO INVOKE INTEREST RATE 
                   CAP.

       Paragraphs (1) and (2) of section 207(b) of the 
     Servicemembers Civil Relief Act (50 U.S.C. 3937(b)) are 
     amended to read as follows:
       ``(1) Notice to creditor.--
       ``(A) In general.--In order for an obligation or liability 
     of a servicemember to be subject to the interest rate 
     limitation in subsection (a), the servicemember shall provide 
     to the creditor oral or written notice of military service 
     and any further extension of military service, not later than 
     180 days after the date of the servicemember's termination or 
     release from military service.
       ``(B) Records.--The creditor shall retain a record of the 
     servicemember's oral or written notification.
       ``(2) Limitation effective as of date of order to active 
     duty.--
       ``(A) Search of records.--Upon receipt of oral or written 
     notice of military service, the creditor shall conduct a 
     search of Department of Defense records available through the 
     Department of Defense Manpower Data Center.
       ``(B) Military service confirmed.--If military service is 
     confirmed by a search under subparagraph (A), the creditor 
     shall treat the debt in accordance with subsection (a), 
     effective as of the date on which the servicemember is called 
     to military service.
       ``(C) Military service not confirmed.--If a search of 
     Department of Defense records under subparagraph (A) does not 
     confirm military service, the creditor shall notify the 
     servicemember and may require the servicemember to provide a 
     copy of the servicemember's military orders before treating 
     the debt in accordance with subsection (a), effective as of 
     the date on which the servicemember is called to military 
     service.''.

     SEC. 1714. HARMONIZATION OF SECTIONS.

       (a) In General.--Section 303 of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3953) is amended--
       (1) in subsection (b), in the matter before paragraph (1), 
     by striking ``filed'' and inserting ``pending''; and
       (2) in subsection (c)(1), by striking ``with a return made 
     and approved by the court''.
       (b) Repeal of Sunset.--Section 710(d) of the Honoring 
     America's Veterans and Caring for Camp Lejeune Families Act 
     of 2012 (Public Law 112-154; 50 U.S.C. 3953 note) is 
     amended--
       (1) by striking ``Extension of Sunset'' and all that 
     follows through ``Subsection (c)'' and inserting 
     ``Elimination of Prior Sunset.--Subsection (c)''; and
       (2) by striking paragraph (3).

     SEC. 1715. EXPANSION OF PROTECTION FOR TERMINATION OF 
                   RESIDENTIAL AND MOTOR VEHICLE LEASES.

       (a) Termination of Residential Leases.--
       (1) In general.--Section 305 of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3955) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``or'' at the end;
       (II) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (III) by adding at the end the following new subparagraph:

       ``(C) in the case of a lease described in subparagraph (C) 
     of subsection (b)(1), the date the lessee is assigned to or 
     otherwise relocates to quarters or a housing facility as 
     described in such subparagraph.''; and
       (ii) in paragraph (2), by striking ``dependent of the 
     lessee'' and inserting ``co-lessee''; and
       (B) in subsection (b)(1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B)--

       (I) by inserting ``(as defined in the Joint Federal Travel 
     Regulations, chapter 5, paragraph U5000B)'' after ``permanent 
     change of station''; and
       (II) by striking the period at the end and inserting ``; 
     or''; and

       (iii) by adding at the end the following new subparagraph:
       ``(C) the lease is executed by or on behalf of a person who 
     thereafter and during the term of the lease is assigned to or 
     otherwise relocates to quarters of the United States or a 
     housing facility under the jurisdiction of a uniformed 
     service (as defined in section 101 of title 37, United States 
     Code), including housing provided under the Military Housing 
     Privatization Initiative.''.
       (2) Manner of termination.--Subsection (c)(1) of such 
     section is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``in the case of a lease described in 
     subsection (b)(1) and subparagraph (A) or (B) of such 
     subsection,'' before ``by delivery''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) in the case of a lease described in subparagraph (C) 
     of subsection (b)(1), by delivery by the lessee of written 
     notice of such termination, and a letter from the 
     servicemember's commanding officer indicating that the 
     servicemember has been assigned to or is otherwise relocating 
     to quarters of the United States or a housing facility under 
     the jurisdiction of a uniformed service (as defined in 
     section 101 of title 37, United States Code), to the lessor 
     (or the lessor's grantee), or to the lessor's agent (or the 
     agent's grantee); and''.
       (b) Waiver Impermissible.--Such section is further amended 
     by adding at the end the following new subsection:
       ``(i) Waiver Not Permitted.--The provisions of this section 
     may not be waived or modified by the agreement of the parties 
     under any circumstances.''.

     SEC. 1716. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF 
                   THE UNIFORMED SERVICES AND THEIR SPOUSES.

       (a) In General.--Title VII of the Servicemembers Civil 
     Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting 
     after section 705 (50 U.S.C. 4025) the following new section:

     ``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF 
                   SERVICEMEMBERS AND THEIR SPOUSES.

       ``In any case in which a servicemember has a professional 
     license in good standing in a jurisdiction or the spouse of a 
     servicemember has a professional license in good standing in 
     a jurisdiction and such servicemember or spouse relocates his 
     or her residency because of military orders to a location 
     that is not in such jurisdiction, the professional license or 
     certification of such servicemember or spouse shall be 
     considered valid and in good standing in the jurisdiction of 
     such new residency for the duration of such military orders 
     if such servicemember or spouse--
       ``(1) provides a copy of such military orders to the 
     licensing authority in the jurisdiction in which the new 
     residency is located;
       ``(2) remains in good standing with the licensing authority 
     that issued the license; and
       ``(3) submits to the authority of the licensing authority 
     in the new jurisdiction for the purposes of standards of 
     practice, discipline, and fulfillment of any continuing 
     education requirements.''.

[[Page S4462]]

       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 705 the following new item:

``Sec. 705A. Portability of professional licenses of servicemembers and 
              their spouses.''.
                                 ______
                                 
  SA 452. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the end of subtitle D of title V, insert the following:

     SEC. __. IN-STATE TUITION RATES FOR CERTAIN MEMBERS OF THE 
                   ARMED FORCES IN ACTIVE SERVICE, SPOUSES, AND 
                   DEPENDENT CHILDREN.

       (a) In General.--Section 135 of the Higher Education Act of 
     1965 (20 U.S.C. 1015d) is amended to read as follows:

     ``SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED 
                   FORCES IN ACTIVE SERVICE, SPOUSES, AND 
                   DEPENDENT CHILDREN.

       ``(a) Requirement.--Each State that receives assistance 
     under this Act shall not charge a member of the armed forces 
     (or the spouse or dependent child of such member) tuition for 
     attendance at a public institution of higher education in the 
     State at a rate that is greater than the rate charged for 
     residents of the State, if the member of the armed forces--
       ``(1) is serving on active service, as defined in section 
     101 of title 10, United States Code, and has served on active 
     service for a period of not less than 10 years; and
       ``(2) has been stationed in the State--
       ``(A) for any of the 3 most recent tours of duty of the 
     member; or
       ``(B) for any of the 3 longest tours of duty of the member.
       ``(b) Continuation.--If an individual who is a member of 
     the armed forces, or the spouse or dependent child of such 
     member, pays tuition at a public institution of higher 
     education in a State at a rate determined by subsection (a), 
     the provisions of such subsection shall continue to apply to 
     such member, spouse, or dependent, with respect to any State 
     for which the member met the requirements of paragraph (a)(2) 
     and without regard to any subsequent change in the permanent 
     duty station or the retirement of the member, while such 
     member, spouse or dependent--
       ``(1) is continuously enrolled at such institution; or
       ``(2)(A) transfers to another public institution of higher 
     education during the same academic year or the immediately 
     following academic year, if the institution is located in a 
     State where the member has been stationed as described in 
     subsection (a)(2); and
       ``(B) is continuously enrolled at such institution.
       ``(c) Applicability.--This section shall take effect at 
     each public institution of higher education in a State that 
     receives assistance under this Act for each period of 
     enrollment at such institution that begins after July 1, 
     2018.
       ``(d) Definitions.--In this section:
       ``(1) Active service for a period of more than 30 days.--
     The term `active service for a period of more than 30 days' 
     means active service, as defined in section 101 of title 10, 
     United States Code, under a call or order that does not 
     specify a period of 30 days or less.
       ``(2) Armed forces.--The terms `armed forces' has the 
     meaning given the term in section 101 of title 10, United 
     States Code.''.
       (b) Effective Date.--Subsection (a), and the amendment made 
     by subsection (a), shall take effect on July 1, 2018.
                                 ______
                                 
  SA 453. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. JOINT SERVICES TRANSCRIPTS FOR MEMBERS OF THE ARMED 
                   FORCES PARTICIPATING IN THE TRANSITION 
                   ASSISTANCE PROGRAM.

       (a) Provision of Transcripts to Members Required.--Each 
     member of the Armed Forces participating in the Transition 
     Assistance Program (TAP) of the Department of Defense shall 
     be provided a joint services transcript (TSP) in connection 
     with participation in the Program.
       (b) Elements.--The joint services transcript provided a 
     member pursuant to subsection (a) shall include the 
     following:
       (1) Military student data of the member, including a 
     description of any military courses taken and learning 
     outcomes and recommended college credit in connection with 
     such courses.
       (2) Any military occupations or military occupational 
     specialities of the member.
       (3) The results of any national college-level examinations 
     taken by the member.
                                 ______
                                 
  SA 454. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. _. FINANCING OF EXPORTATION OF DEFENSE ARTICLES AND 
                   DEFENSE SERVICES BY EXPORT-IMPORT BANK OF THE 
                   UNITED STATES.

       Section 2(b)(6)(I)(i)(I) of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635(b)(6)(I)(i)(I)) is amended to read as 
     follows:
       ``(I)(aa) the Bank determines that the end use of the 
     defense articles or services includes civilian purposes; or
       ``(bb) the President determines that the transaction is in 
     the national security interests of the United States; and''.
                                 ______
                                 
  SA 455. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the end of division A add the following:

           TITLE XVII--DISCHARGE AND DISCHARGE REVIEW MATTERS

     SEC. 1701. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS 
                   OF DISCHARGE OF MEMBERS WHO ARE SURVIVORS OF 
                   SEXUAL ASSAULT.

       (a) Codification of Current Confidential Process.--
       (1) Codification.--Chapter 79 of title 10, United States 
     Code, is amended by inserting after section 1554a a new 
     section 1554b consisting of--
       (A) a heading as follows:

     ``Sec. 1554b. Confidential review of characterization of 
       terms of discharge of members of the armed forces who are 
       survivors of sexual assault''; and

       (B) a text consisting of the text of section 547 of the 
     Carl Levin and Howard P. ``Buck'' McKeon National Defense 
     Authorization Act for Fiscal Year 2015 (Public Law 113-291; 
     128 Stat. 3375; 10 U.S.C. 1553 note).
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 79 of such title is amended by inserting 
     after the item relating to section 1554a the following new 
     item:

``1554b. Confidential review of characterization of terms of discharge 
              of members of the armed forces who are survivors of 
              sexual assault.''.

       (3) Conforming repeal.--Section 547 of the Carl Levin and 
     Howard P. ``Buck'' McKeon National Defense Authorization Act 
     for Fiscal Year 2015 is repealed.
       (b) Terminology.--Section 1554b of title 10, United States 
     Code, as added by subsection (a) of this section, is 
     amended--
       (1) in subsection (a), by striking ``victim'' each place it 
     appears and inserting ``survivor''; and
       (2) by striking ``sex-related'' each place it appears and 
     inserting ``sexual assault''.
       (c) Clarification of Applicability to Individuals Who 
     Allege They Were a Survivor of Sexual Assault During Military 
     Service.--Subsection (a) of such section 1554b, as so added, 
     is further amended by inserting after ``sexual assault 
     offense'' the following: ``, or alleges that the individual 
     was the survivor of a sexual assault offense,''.
       (d) Additional Requirements for Consideration of 
     Evidence.--Subsection (b) of such section 1554b, as so added, 
     is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) to give liberal consideration to all available 
     evidence that a sexual assault occurred, including evidence 
     from sources other than records of the armed force concerned 
     that may corroborate the individual's account of the sexual 
     assault (including evidence of changes in the individual's 
     behavior after the offense and other circumstantial evidence 
     that may corroborate the individual's account of the sexual 
     assault).''.
       (e) Medical Advisory Opinions in Connection With Survivors 
     of Sexual Assault.--Such section 1554b, as so added, is 
     further amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Medical Advisory Opinions.--Any medical advisory 
     opinion issued to a board

[[Page S4463]]

     established in accordance with this chapter in the case of a 
     review carried out in accordance with the process established 
     under this section shall include the opinion of a 
     psychiatrist or psychologist with training in sexual trauma 
     cases.''.
       (f) Conforming Amendments.--Such section 1554b, as so 
     added, is further amended--
       (1) by striking ``Armed Forces'' each place it appears in 
     subsections (a) and (b) and inserting ``armed forces'';
       (2) in subsection (a)--
       (A) by striking ``boards for the correction of military 
     records of the military department concerned'' and inserting 
     ``boards of the military department concerned established in 
     accordance with this chapter''; and
       (B) by striking ``such an offense'' and inserting ``a 
     sexual-assault offense'';
       (3) in subsection (b), by striking ``boards for the 
     correction of military records'' and inserting ``boards of 
     the military department concerned established in accordance 
     with this chapter''; and
       (4) in subsection (e), as redesignated by subsection (e)(1) 
     of this section--
       (A) in the subsection heading, by striking ``Sex-related'' 
     and inserting ``Sexual Assault'';
       (B) in paragraph (1), by striking ``title 10, United States 
     Code'' and inserting ``this title''; and
       (C) in paragraphs (2) and (3), by striking ``such title'' 
     and inserting ``this title''.

     SEC. 1702. AUTHORITY FOR DISCHARGE REVIEW BOARDS TO REFER 
                   CERTAIN APPLICATIONS FOR RELIEF TO THE PHYSICAL 
                   DISABILITY BOARD OF REVIEW.

       (a) Authority for Discharge Review Boards to Refer for 
     Disability Review.--
       (1) Authority.--Subsection (b) of section 1553 of title 10, 
     United States Code, is amended to read as follows:
       ``(b)(1) To reflect its findings, a board established under 
     this section may--
       ``(A) change a discharge or dismissal;
       ``(B) issue a new discharge; or
       ``(C) in the case of a former member whose application for 
     relief is based in whole or in part on matters relating to a 
     sexual assault, post-traumatic stress disorder, or traumatic 
     brain injury, refer the application for relief to the 
     Physical Disability Board of Review established under section 
     1554a of this title for review under such section.
       ``(2) Any action of the board under this subsection is 
     subject to review by the Secretary concerned.''.
       (b) Treatment of Referral.--Section 1554a of title 10, 
     United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Referrals From Discharge Review Board.--(1) Except as 
     provided in paragraph (2), a referral for review pursuant to 
     section 1553(b)(1)(C) of this title shall be treated as a 
     request for review by a covered individual for purposes of 
     this section.
       ``(2) In the case of a referral for review pursuant to 
     section 1553(b)(1)(C) of this title--
       ``(A) a previous disability determination by a Physical 
     Evaluation Board shall not be required; and
       ``(B) subsection (c)(4) shall not apply.''.

     SEC. 1703. PUBLIC AVAILABILITY OF INFORMATION RELATED TO 
                   DISPOSITION OF CLAIMS REGARDING DISCHARGE OR 
                   RELEASE OF MEMBERS OF THE ARMED FORCES WHEN THE 
                   CLAIMS INVOLVE SEXUAL ASSAULT.

       (a) Boards for the Correction of Military Records.--Section 
     1552(h) of title 10, United States Code, as added by section 
     533(a) 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:
       ``(4) The number and disposition of claims decided during 
     the calendar quarter preceding the calendar quarter in which 
     such information is made available in which sexual assault is 
     alleged to have contributed, whether in whole or in part, to 
     the original characterization of the discharge or release of 
     the claimant.''.
       (b) Discharge Review Boards.--Section 1553(f) of title 10, 
     United States Code, as added by section 533(b) of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     amended by adding at the end the following new paragraph:
       ``(4) The number and disposition of claims decided during 
     the calendar quarter preceding the calendar quarter in which 
     such information is made available in which sexual assault is 
     alleged to have contributed, whether in whole or in part, to 
     the original characterization of the discharge or release of 
     the claimant.''.

     SEC. 1704. TRAINING REQUIREMENTS.

       (a) Members of Boards for the Correction of Military 
     Records.--Section 534(c)(1) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     10 U.S.C. 1552 note) is amended by adding at the end the 
     following new sentence: ``This curriculum shall also address 
     the proper handling of claims in which sexual assault is 
     alleged to have contributed to the original characterization 
     of the discharge or release of the claimant, including 
     guidelines for the consideration of evidence substantiating 
     such allegations in accordance with the requirements of 
     section 1554b(b)(3) of title 10, United States Code.''.
       (b) Department of Defense Personnel Who Investigate Claims 
     of Retaliation.--Section 546(a) of the National Defense 
     Authorization Act for Fiscal Year 2017 is amended by striking 
     ``section.'' and inserting ``section, including guidelines 
     for the consideration of evidence substantiating such 
     allegations in accordance with the requirements of section 
     1554b(b)(3) of title 10, United States Code.''.

     SEC. 1705. OTHER IMPROVEMENTS TO AUTHORITIES AND PROCEDURES 
                   FOR THE CORRECTION OF MILITARY RECORDS.

       (a) Boards for the Correction of Military Records.--
       (1) Use of secretarial authority to correct military 
     records.--Section 1552(a)(1) of title 10, United States Code, 
     is amended by striking ``may'' both places it appears and 
     inserting ``shall''.
       (2) Indexing of published decisions.--Paragraph (5) of 
     section 1552(a) of title 10, United States Code, is amended 
     to read as follows:
       ``(5) Each final decision of a board under this subsection 
     shall be made available to the public in electronic form on a 
     centralized Internet website. The information provided shall 
     include a summary of each decision, to be indexed by subject 
     matter, except that the Secretary shall protect the privacy 
     of claimants by redacting all personally identifiable 
     information.''.
       (b) Discharge Review Boards.--
       (1) Repeal of 15-year statute of limitations on motions or 
     requests for review.--Section 1553(a) of title 10, United 
     States Code, is amended by striking the second sentence.
       (2) Telephonic presentation of evidence.--Section 1553(c) 
     of title 10, United States Code, is amended in the second 
     sentence by striking ``or by affidavit'' and inserting ``, by 
     affidavit, or by telephone or video conference''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2018.

     SEC. 1706. BURDENS OF PROOF APPLICABLE TO INVESTIGATIONS AND 
                   REVIEWS RELATED TO PROTECTED COMMUNICATIONS OF 
                   MEMBERS OF THE ARMED FORCES AND PROHIBITED 
                   RETALIATORY ACTIONS.

       (a) In General.--Section 1034 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsections (i) and (j) as subsections 
     (j) and (k), respectively; and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i)(1) For purposes of this section, there is sufficient 
     basis to conclude that a personnel action prohibited by 
     subsection (b) has occurred if the communication made by the 
     member or former member was a contributing factor in the 
     personnel action that was taken, or is to be taken, against 
     the member or former member unless there is clear and 
     convincing evidence that the same personnel action would have 
     been taken in the absence of the communication.
       ``(2) A member or former member may demonstrate that the 
     communication was a contributing factor in the personnel 
     action through circumstantial evidence, such as evidence 
     that--
       ``(A) the official taking the personnel action knew of the 
     communication; and
       ``(B) the personnel action occurred within a period of time 
     such that a reasonable person could conclude that the 
     communication was a contributing factor in the personnel 
     action.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 30 days after the date 
     of the enactment of this Act, and shall apply with respect to 
     allegations pending or submitted under section 1034 of title 
     10, United States Code, on or after that date.

     SEC. 1707. ADMINISTRATIVE SEPARATION PROTECTIONS FOR MEMBERS 
                   OF THE ARMED FORCES WHO ARE SURVIVORS OF SEXUAL 
                   ASSAULT.

       (a) Covered Member Defined.--In this section, the term 
     ``covered member'' means a member of the Armed Forces who is 
     diagnosed with a mental health condition related to a sexual 
     assault that occurred during the member's service in the 
     Armed Forces.
       (b) Limitations on Separation for a Mental Disorder Not 
     Constituting a Physical Disability.--
       (1) Review of diagnosis.--A covered member shall not be 
     separated on the basis of a personality disorder or other 
     mental disorder not constituting a physical disability, 
     unless the diagnosis of such disorder has been--
       (A) corroborated by a peer or higher-level mental health 
     professional; and
       (B) endorsed by the Surgeon General of the military 
     department concerned.
       (2) Co-morbid ptsd diagnosis.--Unless found fit for duty by 
     the disability evaluation system, a covered member shall not 
     be separated on the basis of a personality disorder or other 
     mental disorder not constituting a physical disability if 
     service-related post-traumatic stress disorder is also 
     diagnosed.
       (c) Effective Date.--This section shall take effect 180 
     days after the date of the enactment of this Act.

     SEC. 1708. DEPARTMENT OF DEFENSE WORKING GROUP ON 
                   ADMINISTRATIVE REVIEW BOARDS.

       (a) Establishment and Purpose.--The Secretary of Defense 
     shall establish a Department of Defense working group for the 
     purpose of identifying and making recommendations to the 
     Secretary on best practices and procedures to be used by 
     boards for the correction of military records and discharge 
     review boards in carrying out their responsibilities under 
     chapter 79 of title 10, United States Code, and in granting 
     relief to claimants under that chapter.

[[Page S4464]]

       (b) Consultation.--In carrying out the responsibilities of 
     the working group, members of the group shall consult, as 
     appropriate, with civilian practitioners of military law and 
     representatives of organizations that have experience in 
     cases before boards for the correction of military records 
     and discharge review boards.
       (c) Reports.--
       (1) Initial report.--Not later than 180 days after the date 
     of the establishment of the working group, the Secretary 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report containing 
     the findings and recommendations of the working group.
       (2) Subsequent report.--
       (A) In general.--Not later than two years after the date of 
     the establishment of the working group, the Secretary shall 
     submit to the committees of Congress referred to in 
     subparagraph (B) a report containing an evaluation conducted 
     by the working group of all the recommendations of the 
     working group that have been or are being implemented by 
     boards for the correction of military records and discharge 
     review boards of the military departments, including the 
     results of the implementation of such recommendations.
       (B) Committees of congress.--The committees of Congress 
     referred to in this subparagraph are--
       (i) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (ii) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                 ______
                                 
  SA 456. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ELIMINATION OF SEQUESTRATION.

       The Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 900 et seq.) is amended--
       (1) in section 251(a) (2 U.S.C. 901(a))--
       (A) in paragraph (1), by striking ``Within'' and inserting 
     ``For each fiscal year beginning before October 1, 2017, 
     within'';
       (B) in paragraph (4), in the matter preceding subparagraph 
     (A), by inserting ``beginning before October 1, 2017'' after 
     ``fiscal year'';
       (C) in paragraph (6), by striking ``If'' and inserting 
     ``For each fiscal year beginning before October 1, 2017, 
     if''; and
       (D) in paragraph (7)--
       (i) in subparagraph (A), by inserting ``for a fiscal year 
     beginning before October 1, 2017'' after ``any discretionary 
     appropriation''; and
       (ii) in subparagraph (B), in the first sentence, by 
     inserting ``for a fiscal year beginning before October 1, 
     2017'' after ``any discretionary appropriation''; and
       (2) in section 254 (2 U.S.C. 904)--
       (A) in subsection (a), in the matter preceding the table, 
     by inserting ``beginning before October 1, 2017'' after ``any 
     budget year'';
       (B) in subsection (c)(2), by striking ``2021'' and 
     inserting ``2017'';
       (C) in subsection (f)(2)(A), by striking ``2021'' and 
     inserting ``2017''; and
       (D) in subsection (g), by striking ``If'' and inserting 
     ``For each fiscal year beginning before October 1, 2017, 
     if''.
                                 ______
                                 
  SA 457. Mr. BURR submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. CRIMINAL BACKGROUND CHECKS OF EMPLOYEES OF THE 
                   MILITARY CHILD CARE SYSTEM AND PROVIDERS OF 
                   CHILD CARE SERVICES AND YOUTH PROGRAM SERVICES 
                   FOR MILITARY DEPENDENTS.

       (a) Employees of Military Child Care System.--Section 1792 
     of title 10, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Criminal Background Check.--The criminal background 
     check of child care employees under this section that is 
     required pursuant to section 231 of the Crime Control Act of 
     1990 (42 U.S.C. 13041) shall be conducted pursuant to 
     regulations prescribed by the Secretary of Defense in 
     accordance with the provisions of section 658H of the Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858f).''.
       (b) Providers of Child Care Services and Youth Program 
     Services.--Section 1798 of such title is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Criminal Background Check.--A provider of child care 
     services or youth program services may not provide such 
     services under this section unless such provider complies 
     with the requirements for criminal background checks under 
     section 658H of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858f) for the State in which such 
     services are provided.''.
                                 ______
                                 
  SA 458. Mr. TILLIS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       Strike section 705 and insert the following:

     SEC. 705. SPECIFICATION THAT INDIVIDUALS UNDER THE AGE OF 21 
                   ARE ELIGIBLE FOR HOSPICE CARE SERVICES UNDER 
                   THE TRICARE PROGRAM.

       Section 1079(a)(15) of title 10, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, except that hospice care may be provided to an 
     individual under the age of 21 concurrently with health care 
     services or hospitalization for the same condition.''.
                                 ______
                                 
  SA 459. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. PILOT PROGRAM TO IMPROVE INCENTIVES FOR TECHNOLOGY 
                   TRANSFER FROM DEPARTMENT OF DEFENSE 
                   LABORATORIES.

       (a) In General.--The Secretary of Defense shall establish a 
     pilot program to assess the feasibility and advisability of 
     distributing royalties and other payments as described in 
     this section. Under the pilot program, except as provided in 
     subsections (b) and (d), any royalties or other payments 
     received by a Federal agency from the licensing and 
     assignment of inventions under agreements entered into by 
     Department of Defense laboratories, and from the licensing of 
     inventions of Department of Defense laboratories, shall be 
     retained by the laboratory which produced the invention and 
     shall be disposed of as follows:
       (1)(A) The laboratory director shall pay each year the 
     first $2,000, and thereafter at least 20 percent, of the 
     royalties or other payments, other than payments of patent 
     costs as delineated by a license or assignment agreement, to 
     the inventor or coinventors, if the inventor's or 
     coinventor's rights are directly assigned to the United 
     States.
       (B) A laboratory director may provide appropriate 
     incentives, from royalties or other payments, to laboratory 
     employees who are not an inventor of such inventions but who 
     substantially increased the technical value of the 
     inventions.
       (C) The laboratory shall retain the royalties and other 
     payments received from an invention until the laboratory 
     makes payments to employees of a laboratory under 
     subparagraph (A) or (B).
       (2) The balance of the royalties or other payments shall be 
     transferred by the agency to its laboratories, with the 
     majority share of the royalties or other payments from any 
     invention going to the laboratory where the invention 
     occurred. The royalties or other payments so transferred to 
     any laboratory may be used or obligated by that laboratory 
     during the fiscal year in which they are received or during 
     the 2 succeeding fiscal years--
       (A) to reward scientific, engineering, and technical 
     employees of the laboratory, including developers of 
     sensitive or classified technology, regardless of whether the 
     technology has commercial applications;
       (B) to further scientific exchange among the laboratories 
     of the agency;
       (C) for education and training of employees consistent with 
     the research and development missions and objectives of the 
     agency or laboratory, and for other activities that increase 
     the potential for transfer of the technology of the 
     laboratories of the agency;
       (D) for payment of expenses incidental to the 
     administration and licensing of intellectual property by the 
     agency or laboratory with respect to inventions made at that 
     laboratory, including the fees or other costs for the 
     services of other agencies, persons, or organizations for 
     intellectual property management and licensing services; or
       (E) for scientific research and development consistent with 
     the research and development missions and objectives of the 
     laboratory.
       (3) All royalties or other payments retained by the 
     laboratory after payments have been made pursuant to 
     paragraphs (1)

[[Page S4465]]

     and (2) that are unobligated and unexpended at the end of the 
     second fiscal year succeeding the fiscal year in which the 
     royalties and other payments were received shall be paid into 
     the Treasury of the United States.
       (b) Treatment of Payments to Employees.--
       (1) In general.--Any payment made to an employee under the 
     pilot program shall be in addition to the regular pay of the 
     employee and to any other awards made to the employee, and 
     shall not affect the entitlement of the employee to any 
     regular pay, annuity, or award to which the employee is 
     otherwise entitled or for which the employee is otherwise 
     eligible or limit the amount thereof. Any payment made to an 
     inventor as such shall continue after the inventor leaves the 
     laboratory.
       (2) Cumulative payments.--(A) Cumulative payments made 
     under the pilot program while the inventor is still employed 
     at the laboratory shall not exceed $500,000 per year to any 
     one person, unless the Secretary concerned (as defined in 
     section 101(a) of title 10, United States Code) approves a 
     larger award.
       (B) Cumulative payments made under the pilot program after 
     the inventor leaves the laboratory shall not exceed $150,000 
     per year to any one person, unless the head of the agency 
     approves a larger award (with the excess over $150,000 being 
     treated as an agency award to a former employee under section 
     4505 of title 5, United States Code).
       (c) Invention Management Services.--Under the pilot 
     program, a laboratory receiving royalties or other payments 
     as a result of invention management services performed for 
     another Federal agency or laboratory under section 207 of 
     title 35, United States Code, may retain such royalties or 
     payments to the extent required to offset payments to 
     inventors under subparagraph (A) of subsection (a)(1), costs 
     and expenses incurred under subparagraph (D) of subsection 
     (a)(2), and the cost of foreign patenting and maintenance for 
     any invention of the other agency. All royalties and other 
     payments remaining after offsetting the payments to 
     inventors, costs, and expenses described in the preceding 
     sentence shall be transferred to the agency for which the 
     services were performed, for distribution in accordance with 
     subsection (a)(2).
       (d) Certain Assignments.--Under the pilot program, if the 
     invention involved was one assigned to the laboratory--
       (1) by a contractor, grantee, or participant, or an 
     employee of a contractor, grantee, or participant, in an 
     agreement or other arrangement with the agency; or
       (2) by an employee of the agency who was not working in the 
     laboratory at the time the invention was made,

     the agency unit that was involved in such assignment shall be 
     considered to be a laboratory for purposes of this section.
       (e) Sunset.--The pilot program under this section shall 
     terminate 5 years after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 460. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NORTH KOREA STRATEGY.

       (a) Report on Strategy Required.--Not later than 90 days 
     after the date of the enactment of this Act, the President 
     shall submit to Congress a report that sets forth a strategy 
     of the United States with respect to North Korea.
       (b) Elements.--The report required by subsection (a) shall 
     include the following elements:
       (1) A description and assessment of the primary threats to 
     United States national security interests from North Korea.
       (2) A description of support from foreign nations for North 
     Korea's nuclear and ballistic missile programs.
       (3) A description of the economic, political, and trade 
     relationships between China and North Korea and Russia and 
     North Korea, including trends in those relationships and 
     their impact on the Government of North Korea.
       (4) A description of the economic, political, and trade 
     relationships between other countries and North Korea, and an 
     identification of countries that may be undermining United 
     States objectives identified in paragraph (5).
       (5) The desired end state in North Korea and current United 
     States objectives relative to security threats emanating from 
     North Korea.
       (6) A detailed roadmap to reach the end state and 
     objectives identified in paragraph (5) through unilateral and 
     multilateral diplomatic and economic means, including 
     timelines for each element of the roadmap.
       (7) An identification of the resources and authorities 
     necessary to carry out the roadmap described in paragraph 
     (6).
       (8) A description of operational plans and associated 
     military requirements for the protection of United States 
     national security interests relative to threats from North 
     Korea.
       (9) An identification of any capability gaps and resource 
     gaps that would impact the execution of any associated 
     operational plan, and a mitigation plan to address such gaps.
       (10) An assessment of current and desired partner nation 
     contributions to countering threats from North Korea and a 
     plan to enhance diplomatic, economic, and military 
     cooperation with nations that have shared security interests.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Quarterly Updates Required.--The President shall 
     provide Congress with a quarterly written progress report on 
     the implementation of the strategy required pursuant to 
     subsection (a) in unclassified form.
                                 ______
                                 
  SA 461. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. COLLABORATION ON CYBERSECURITY OF INDUSTRIAL CONTROL 
                   SYSTEMS FOR CRITICAL INFRASTRUCTURE.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Energy shall collaborate with respect to matters relating 
     to the cybersecurity of industrial control systems for 
     critical infrastructure, including with respect to--
       (1) the work of the Department of Energy on the 
     cybersecurity of energy delivery systems; and
       (2) the work of the Department of Defense on platform 
     information technology.
       (b) Center of Excellence.--
       (1) In general.--There is established a center of 
     excellence on the cybersecurity of industrial control systems 
     for critical infrastructure.
       (2) Membership.--The center of excellence established under 
     paragraph (1) shall be composed of representatives of--
       (A) the Department of Defense;
       (B) the Department of Energy, including national 
     laboratories of the Department of Energy; and
       (C) the Department of Homeland Security.
                                 ______
                                 
  SA 462. Mr. MORAN (for himself and Mr. Roberts) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. ARMY MILITARY VALUE ANALYSIS MODEL.

       (a) Findings.--Congress makes the following
       (1) The Military Value Analysis model of the Army has been 
     a key determinant for the force structure and strategic 
     basing decisions of the Army in recent years.
       (2) The Committees on Armed Services of the Senate and the 
     House of Representatives have determined that a lack of 
     transparency regarding process, metrics, and scoring on the 
     matters covered by the Military Value Analysis model has made 
     proper oversight of the Army by Congress far more difficult.
       (b) Limitation on Army Basing Decisions Pending Report on 
     Model.--The Secretary of the Army may not make any basing 
     decision with respect to the Army during the period beginning 
     on the date of the enactment of this Act and ending on the 
     date that is 60 days after the date on which the Secretary 
     submits the report required by subsection (c).
       (c) Report on Updated Model.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     shall submit to the congressional defense committees a report 
     setting forth an update of the Military Value Analysis model 
     of the Army.
       (2) Review.--The Secretary shall update the Military Value 
     Analysis model for purposes of the report required by 
     paragraph (1) following a review undertaken by the Secretary 
     for purposes of the update. The review and update shall 
     address and appropriately incorporate the following:
       (A) Qualitative and quantitative criteria and sub-criteria 
     to be used for force structure and strategic basing 
     decisions, including quantitative and qualitative measures on 
     the average daily use of, and accessibility to, maneuver 
     training acreage.
       (B) Deployment criteria using a measure of the time 
     required to deploy a unit of action from its home 
     installation to its deployment site, including the 
     transportation of unit personnel by military aircraft, and 
     transportation of the commonly defined set of unit equipment 
     to its designated out-port for deployment.
       (d) Scoring Data for Force Structure and Major Basing 
     Decisions.--After making

[[Page S4466]]

     a force structure or major basing decision for the Army, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report setting forth the scoring data 
     developed pursuant to the Military Value Analysis model of 
     the Army with respect to each military installation 
     considered for purposes of the decision.
                                 ______
                                 
  SA 463. Mr. FLAKE (for himself and Mr. Johnson) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

         Subtitle H--Anti-Border Corruption Reauthorization Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Anti-Border Corruption 
     Reauthorization Act of 2017''.

     SEC. 1092. HIRING FLEXIBILITY.

       Section 3 of the Anti-Border Corruption Act of 2010 (Public 
     Law 111-376; 6 U.S.C. 221) is amended by striking subsection 
     (b) and inserting the following new subsections:
       ``(b) Waiver Authority.--The Commissioner of U.S. Customs 
     and Border Protection may waive the application of subsection 
     (a)(1) in the following circumstances:
       ``(1) In the case of a current, full-time law enforcement 
     officer employed by a State or local law enforcement agency, 
     if such officer--
       ``(A) has served as a law enforcement officer for not fewer 
     than three years with no break in service;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) has, within the past ten years, successfully 
     completed a polygraph examination as a condition of 
     employment with such officer's current law enforcement 
     agency.
       ``(2) In the case of a current, full-time Federal law 
     enforcement officer, if such officer--
       ``(A) has served as a law enforcement officer for not fewer 
     than three years with no break in service;
       ``(B) has authority to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) holds a current Tier 4 background investigation or 
     current Tier 5 background investigation.
       ``(3) In the case of an individual who is a member of the 
     Armed Forces (or a reserve component thereof) or a veteran, 
     if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, a 
     Secret, Top Secret, or Top Secret / Sensitive Compartmented 
     Information clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current Tier 4 background investigation or current Tier 5 
     background investigation;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces and has not 
     engaged in criminal activity or committed a serious military 
     or civil offense under the Uniform Code of Military Justice; 
     and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to subparagraph (B).
       ``(c) Termination of Waiver Authority.--The authority to 
     issue a waiver under subsection (b) shall terminate on the 
     date that is four years after the date of the enactment of 
     the Anti-Border Corruption Reauthorization Act of 2017.''.

     SEC. 1093. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
                   DEFINITIONS.

       (a) Supplemental Commissioner Authority.--Section 4 of the 
     Anti-Border Corruption Act of 2010 (Public Law 111-376) is 
     amended to read as follows:

     ``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Non-exemption.--An individual who receives a waiver 
     under subsection (b) of section 3 is not exempt from other 
     hiring requirements relating to suitability for employment 
     and eligibility to hold a national security designated 
     position, as determined by the Commissioner of U.S. Customs 
     and Border Protection.
       ``(b) Background Investigations.--Any individual who 
     receives a waiver under subsection (b) of section 3 who holds 
     a current Tier 4 background investigation shall be subject to 
     a Tier 5 background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for or receives a 
     waiver under subsection (b) of section 3 if information is 
     discovered prior to the completion of a background 
     investigation that results in a determination that a 
     polygraph examination is necessary to make a final 
     determination regarding suitability for employment or 
     continued employment, as the case may be.''.
       (b) Report.--The Anti-Border Corruption Act of 2010 is 
     amended by adding at the end the following new section:

     ``SEC. 5. REPORTING REQUIREMENTS.

       ``(a) Annual Report.--Not later than one year after the 
     date of the enactment of the Anti-Border Corruption 
     Reauthorization Act of 2017, and annually thereafter while 
     the waiver authority under section 3(b) is in effect, the 
     Commissioner of U.S. Customs and Border Protection shall 
     submit a report to Congress that includes, with respect to 
     the reporting period--
       ``(1) the number of waivers requested, granted, and denied 
     under section 3(b);
       ``(2) the reasons for any denials of such waiver;
       ``(3) the percentage of applicants who were hired after 
     receiving a waiver;
       ``(4) the number of instances that a polygraph was 
     administered to an applicant who initially received a waiver 
     and the results of such polygraph;
       ``(5) an assessment of the current impact of the polygraph 
     waiver program on filling law enforcement positions at U.S. 
     Customs and Border Protection; and
       ``(6) additional authorities needed by U.S. Customs and 
     Border Protection to better utilize the polygraph waiver 
     program for its intended goals.
       ``(b) Additional Information.--The first report submitted 
     under subsection (a) shall include--
       ``(1) an analysis of other methods of employment 
     suitability tests that detect deception and could be used in 
     conjunction with traditional background investigations to 
     evaluate potential employees for suitability; and
       ``(2) a recommendation regarding whether a test referred to 
     in paragraph (1) should be adopted by U.S. Customs and Border 
     Protection when the polygraph examination requirement is 
     waived pursuant to section 3(b).''.
       (c) Definitions.--The Anti-Border Corruption Act of 2010, 
     as amended by subsection (b) of this section, is further 
     amended by adding at the end the following new section:

     ``SEC. 6. DEFINITIONS.

       ``In this Act:
       ``(1) Federal law enforcement officer.--The term `Federal 
     law enforcement officer' means a `law enforcement officer', 
     as defined in section 8331(20) or 8401(17) of title 5, United 
     States Code.
       ``(2) Veteran.--The term `veteran' has the meaning given 
     such term in section 101(2) of title 38, United States Code.
       ``(3) Serious military or civil offense.--The term `serious 
     military or civil offense' means an offense for which--
       ``(A) a member of the Armed Forces may be discharged or 
     separated from service in the Armed Forces; and
       ``(B) a punitive discharge is, or would be, authorized for 
     the same or a closely related offense under the Manual for 
     Courts-Martial, as pursuant to Army Regulation 635-200 
     chapter 14-12.
       ``(4) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with 
     respect to background investigations have the meaning given 
     such terms under the 2012 Federal Investigative Standards.''.
                                 ______
                                 
  SA 464. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. ANNUAL REPORTS ON ALLIED CONTRIBUTIONS TO THE 
                   COMMON DEFENSE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the President should seek from each ally or partner country 
     of the United States acceptance of international security 
     responsibilities and agreements to make contributions to the 
     common defense commensurate with the economic resources and 
     security environment of such country.
       (b) Reports.--
       (1) In general.--Not later than March 1, 2018, and annually 
     thereafter, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report containing a 
     description of--
       (A) the annual defense spending by each ally or partner 
     country of the United States, including available data on 
     nominal budget figures and defense spending as a percentage 
     of such country's gross domestic product for the fiscal year 
     immediately preceding the fiscal year in which the report is 
     submitted;
       (B) the activities of each such country to contribute to 
     military or stability operations in which the Armed Forces of 
     the United States are a participant;

[[Page S4467]]

       (C) any limitations placed by any such country on the use 
     of such contributions; and
       (D) any actions undertaken by the United States or by other 
     countries to minimize such limitations.
       (2) Form.--Each report under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (2) The term ``ally'' includes the following:
       (A) Any signatory of a mutual defense treaty with the 
     United States.
       (B) Any country designated as a ``major non-NATO ally'' 
     under section 2350a of title 10, United States Code, or 
     pursuant to section 517 of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2321k).
       (C) Any other ally or partner with a security memorandum of 
     understanding or other security arrangement with the United 
     States.
                                 ______
                                 
  SA 465. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MILITARY HUMANITARIAN OPERATIONS.

       (a) Short Title.--This section may be cited as the 
     ``Military Humanitarian Operations Act of 2017''.
       (b) Military Humanitarian Operation Defined.--In this 
     section, the term ``military humanitarian operation''--
       (1) means a military operation--
       (A) involving the deployment of members or weapons systems 
     of the United States Armed Forces where hostile activities 
     are reasonably anticipated; and
       (B) with the aim of--
       (i) preventing or responding to a humanitarian catastrophe, 
     including its regional consequences; or
       (ii) addressing a threat posed to international peace and 
     security;
       (2) includes--
       (A) operations undertaken pursuant to the principle of the 
     ``responsibility to protect'', as referenced in United 
     Nations Security Council Resolution 1674 (2006);
       (B) operations specifically authorized by the United 
     Nations Security Council, or other international 
     organizations; and
       (C) unilateral deployments and deployments made in 
     coordination with international organizations, treaty-based 
     organizations, or coalitions formed to address specific 
     humanitarian catastrophes; and
       (3) does not mean a military operation undertaken--
       (A) to respond to or repel attacks, or prevent imminent 
     attacks, on the United States or any of its territorial 
     possessions, embassies, or consulates, or members of the 
     United States Armed Forces;
       (B) as a direct act of reprisal for attacks on the United 
     States or any of its territorial possessions, embassies, or 
     consulates, or members of the United States Armed Forces;
       (C) to invoke the inherent right to individual or 
     collective self-defense in accordance with Article 51 of the 
     Charter of the United Nations;
       (D) as a military mission to protect or rescue United 
     States citizens or military or diplomatic personnel abroad;
       (E) to carry out treaty commitments to directly aid allies 
     in distress;
       (F) as a humanitarian mission, not to exceed 30 days, in 
     response to natural disasters where no civil unrest or combat 
     with hostile forces is reasonably anticipated;
       (G) to maintain maritime freedom of navigation, including 
     actions aimed at combating piracy; or
       (H) as a training exercise conducted by the United States 
     Armed Forces abroad where no combat with hostile forces is 
     reasonably anticipated.
       (c) Congressional Authorization Requirement.--The President 
     may not deploy members of the United States Armed Forces into 
     the territory, airspace, or waters of a foreign country for a 
     military humanitarian operation not previously authorized by 
     statute unless--
       (1) the President submits to Congress a formal request for 
     authorization to use members of the Armed Forces for the 
     military humanitarian operation; and
       (2) Congress specifically authorizes such use of forces.
       (d) Severability.--If any provision of this section is held 
     to be unconstitutional, the remainder of the section shall 
     not be affected.
                                 ______
                                 
  SA 466. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       Strike section 1083.
                                 ______
                                 
  SA 467. Mr. LEE (for himself, Ms. Collins, Mrs. Feinstein, Mr. 
Whitehouse, and Mr. Cruz) submitted an amendment intended to be 
proposed by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS 
                   AND LAWFUL PERMANENT RESIDENTS.

       (a) In General.--Section 4001 of title 18, United States 
     Code, is amended by striking subsection (a) and inserting the 
     following:
       ``(a) No citizen or lawful permanent resident of the United 
     States shall be imprisoned or otherwise detained by the 
     United States except consistent with the Constitution and 
     pursuant to an Act of Congress that expressly authorizes such 
     imprisonment or detention.''.
       (b) Relationship to an Authorization to Use Military Force, 
     Declaration of War, or Similar Authority.--Section 4001 of 
     title 18, United States Code, as amended by subsection (a) is 
     further amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b)(1) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, 
     shall not be construed to authorize the imprisonment or 
     detention without charge or trial of a citizen or lawful 
     permanent resident of the United States apprehended in the 
     United States.
       ``(2) Paragraph (1) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2018.
       ``(3) This section shall not be construed to authorize the 
     imprisonment or detention of a citizen of the United States, 
     a lawful permanent resident of the United States, or any 
     other person who is apprehended in the United States.''.
                                 ______
                                 
  SA 468. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. SENSE OF SENATE ON THE DISAPPEARANCE OF DAVID 
                   SNEDDON.

       (a) Findings.--The Senate makes the following findings:
       (1) David Louis Sneddon is a United States citizen who 
     disappeared while touring the Yunnan Province in the People's 
     Republic of China as a university student on August 14, 2004, 
     at the age of 24.
       (2) David had last reported to family members prior to his 
     disappearance that he intended to hike the Tiger Leaping 
     Gorge in the Yunnan Province before returning to the United 
     States and had placed a down payment on student housing for 
     the upcoming academic year, planned business meetings, and 
     scheduled law school entrance examinations in the United 
     States for the fall.
       (3) People's Republic of China officials have reported to 
     the Department of State and the family of David that he most 
     likely died by falling into the Jinsha River while hiking the 
     Tiger Leaping Gorge, although no physical evidence or 
     eyewitness testimony exists to support this conclusion.
       (4) There is evidence indicating that David did not fall 
     into the river when he traveled through the gorge, including 
     eyewitness testimonies from people who saw David alive and 
     spoke to him in person after his hike, as recorded by members 
     of David's family and by embassy officials from the 
     Department of State in the months after his disappearance.
       (5) Family members searching for David shortly after he 
     went missing obtained eyewitness accounts that David stayed 
     overnight in several guesthouses during and after his safe 
     hike through the gorge, and these guesthouse locations 
     suggest that David disappeared after passing through the 
     gorge, but the guest registers recording the names and 
     passport numbers of foreign overnight guests could not be 
     accessed.
       (6) Chinese officials have reported that evidence does not 
     exist that David was a victim of violent crime, or a resident 
     in a local hospital, prison, or mental institution at the 
     time of his disappearance, and no attempt has been made to 
     use David's passport since

[[Page S4468]]

     the time of his disappearance, nor has any money been 
     withdrawn from his bank account since that time.
       (7) David Sneddon is the only United States citizen to 
     disappear without explanation in the People's Republic of 
     China since the normalization of relations between the United 
     States and China during the administration of President 
     Richard Nixon.
       (8) Investigative reporters and nongovernmental 
     organizations with expertise in the Asia-Pacific region, and 
     in some cases particular expertise in the Asian Underground 
     Railroad and North Korea's documented program to kidnap 
     citizens of foreign nations for espionage purposes, have 
     repeatedly raised the possibility that the Government of the 
     Democratic People's Republic of Korea (DPRK) was involved in 
     David's disappearance.
       (9) Investigative reporters and nongovernmental 
     organizations who have reviewed David's case believe it is 
     possible that the Government of North Korea was involved in 
     David's disappearance because--
       (A) the Yunnan Province is regarded by regional experts as 
     an area frequently trafficked by North Korean refugees and 
     their support networks, and the Government of the People's 
     Republic of China allows North Korean agents to operate 
     throughout the region to repatriate refugees, such as 
     prominent North Korean defector Kang Byong-sop and members of 
     his family who were captured near the China-Laos border just 
     weeks prior to David's disappearance;
       (B) in 2002, North Korean officials acknowledged that the 
     Government of North Korea has carried out a policy since the 
     1970s of abducting foreign citizens and holding them captive 
     in North Korea for the purpose of training its intelligence 
     and military personnel in critical language and culture 
     skills to infiltrate foreign nations;
       (C) Charles Robert Jenkins, a United States soldier who 
     deserted his unit in South Korea in 1965 and was held captive 
     in North Korea for nearly 40 years, left North Korea in July 
     2004 (one month before David disappeared in China) and 
     Jenkins reported that he was forced to teach English to North 
     Korean intelligence and military personnel while in 
     captivity;
       (D) David Sneddon is fluent in the Korean language and was 
     learning Mandarin, skills that could have been appealing to 
     the Government of North Korea after Charles Jenkins left the 
     country;
       (E) tensions between the United States and North Korea were 
     heightened during the summer of 2004 due to recent approval 
     of the North Korean Human Rights Act of 2004 (Public Law 108-
     333) that increased United States aid to refugees fleeing 
     North Korea, prompting the Government of North Korea to issue 
     a press release warning the United States to ``drop its 
     hostile policy'';
       (F) David Sneddon's disappearance fits a known pattern 
     often seen in the abduction of foreigners by the Government 
     of North Korea, including the fact that David disappeared the 
     day before North Korea's Liberation Day patriotic national 
     holiday, and the Government of North Korea has a demonstrated 
     history of provocations near dates it deems historically 
     significant;
       (G) a well-reputed Japanese non-profit specializing in 
     North Korean abductions shared with the United States its 
     expert analysis in 2012 about information it stated was 
     received ``from a reliable source'' that a United States 
     university student largely matching David Sneddon's 
     description was taken from China by North Korean agents in 
     August 2004; and
       (H) commentary published in the Wall Street Journal in 2013 
     cited experts looking at the Sneddon case who concluded that 
     ``it is most probable that a U.S. national has been abducted 
     to North Korea,'' and ``there is a strong possibility that 
     North Korea kidnapped the American''.
       (b) Sense of Senate.--The Senate--
       (1) expresses its ongoing concern about the disappearance 
     of David Louis Sneddon in Yunnan Province, People's Republic 
     of China, in August, 2004;
       (2) directs the Department of State and the intelligence 
     community to jointly continue investigations and to consider 
     all plausible explanations for David's disappearance, 
     including the possibility of abduction by the Government of 
     the Democratic People's Republic of Korea;
       (3) urges the Department of State and the intelligence 
     community to coordinate investigations with the Governments 
     of the People's Republic of China, Japan, and South Korea and 
     solicit information from appropriate regional affairs and law 
     enforcement experts on plausible explanations for David's 
     disappearance;
       (4) encourages the Department of State and the intelligence 
     community to work with foreign governments known to have 
     diplomatic influence with the Government of the Democratic 
     People's Republic of Korea to better investigate the 
     possibility of the involvement of the Government of the 
     Democratic People's Republic of Korea in David Sneddon's 
     disappearance and to possibly seek his recovery; and
       (5) requests that the Department of State and the 
     intelligence community continue to work with and inform 
     Congress and the family of David Sneddon on efforts to 
     possibly recover David and to resolve his disappearance.
                                 ______
                                 
  SA 469. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. GREATER SAGE-GROUSE PROTECTION AND RECOVERY.

       (a) Purposes.--The purposes of this section are--
       (1) to facilitate implementation of State management plans 
     over a period of multiple, consecutive greater sage-grouse 
     life cycles; and
       (2) to demonstrate the efficacy of the State management 
     plans for the protection and recovery of the greater sage-
     grouse.
       (b) Definitions.--In this section:
       (1) Federal resource management plan.--The term ``Federal 
     resource management plan'' means--
       (A) a land use plan prepared by the Bureau of Land 
     Management for public land pursuant to section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712); and
       (B) a land and resource management plan prepared by the 
     Forest Service for National Forest System land pursuant to 
     section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604).
       (2) Greater sage-grouse.--The term ``greater sage-grouse'' 
     means a sage-grouse of the species Centrocercus urophasianus.
       (3) State management plan.--The term ``State management 
     plan'' means a State-approved plan for the protection and 
     recovery of the greater sage-grouse.
       (c) Protection and Recovery of Greater Sage-grouse.--
       (1) Endangered species act of 1973 findings.--
       (A) Delay required.--The Secretary of the Interior may not 
     modify or invalidate the finding of the Director of the 
     United States Fish and Wildlife Service announced in the 
     proposed rule entitled ``Endangered and Threatened Wildlife 
     and Plants; 12-Month Finding on a Petition to List Greater 
     Sage-Grouse (Centrocercus urophasianus) as an Endangered or 
     Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015)) 
     during the period beginning on the date of enactment of this 
     Act and ending on September 30, 2027.
       (B) Effect on other laws.--The delay required under 
     subparagraph (A) is and shall remain effective without regard 
     to any other statute, regulation, court order, legal 
     settlement, or any other provision of law or in equity.
       (C) Effect on conservation status.--The conservation status 
     of the greater sage-grouse shall be considered not to warrant 
     listing of the greater sage-grouse as an endangered species 
     or threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) during the period beginning on 
     the date of enactment of this Act and ending on September 30, 
     2027.
       (2) Coordination of federal land management and state 
     conservation and management plans.--
       (A) Prohibition on withdrawal and modification of federal 
     resource management plans.--On notification by the Governor 
     of a State with a State management plan, the Secretary of the 
     Interior and the Secretary of Agriculture may not make, 
     modify, or extend any withdrawal or amend or otherwise modify 
     any Federal resource management plan applicable to Federal 
     land in the State in a manner inconsistent with the State 
     management plan for, as specified by the Governor in the 
     notification, a period of not fewer than 5 years beginning on 
     the date of the notification.
       (B) Retroactive effect.--In the case of any State that 
     provides notification under subparagraph (A), if any 
     withdrawal was made, modified, or extended or any amendment 
     or modification of a Federal resource management plan 
     applicable to Federal land in the State was issued after June 
     1, 2014, and the withdrawal, amendment, or modification 
     altered the management of the greater sage-grouse or the 
     habitat of the greater sage-grouse--
       (i) implementation and operation of the withdrawal, 
     amendment, or modification shall be stayed to the extent that 
     the withdrawal, amendment, or modification is inconsistent 
     with the State management plan; and
       (ii) the Federal resource management plan, as in effect 
     immediately before the withdrawal, amendment, or 
     modification, shall apply instead with respect to the 
     management of the greater sage-grouse and the habitat of the 
     greater sage-grouse, to the extent consistent with the State 
     management plan.
       (C) Determination of inconsistency.--Any disagreement 
     regarding whether a withdrawal, amendment, or other 
     modification of a Federal resource management plan is 
     inconsistent with a State management plan shall be resolved 
     by the Governor of the affected State.
       (3) Relation to national environmental policy act of 
     1969.--With regard to any major Federal action consistent 
     with a State management plan, any findings, analyses, or 
     conclusions regarding the greater sage-grouse and the habitat 
     of the greater sage-grouse under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C.

[[Page S4469]]

     4332(2)(C)) shall not have a preclusive effect on the 
     approval or implementation of the major Federal action in 
     that State.
       (4) Reporting requirement.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter 
     through 2027, the Secretary of the Interior and the Secretary 
     of Agriculture shall jointly submit to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     describing the implementation by the Secretaries of, and the 
     effectiveness of, systems to monitor the status of greater 
     sage-grouse on Federal land under the jurisdiction of the 
     Secretaries.
       (5) Judicial review.--Notwithstanding any other provision 
     of law (including regulations), this subsection, including 
     any determination made under paragraph (2)(C), shall not be 
     subject to judicial review.
                                 ______
                                 
  SA 470. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. MECHANISMS TO FACILITATE THE OBTAINING BY MILITARY 
                   SPOUSES OF OCCUPATIONAL LICENSES OR CREDENTIALS 
                   IN OTHER STATES.

       Not later than March 1, 2018, the Secretary of Defense 
     shall--
       (1) develop and maintain a joint Federal-State clearing 
     house to process the occupational license and credential 
     information of military spouses in order--
       (A) to facilitate the matching of such information with 
     State occupational licensure and credentialing requirements; 
     and
       (B) to provide military spouses information on the actions 
     required to obtain occupational licenses or credentials in 
     other States;
       (2) develop and maintain an Internet website that serves as 
     a one-stop resource on occupational licenses and credentials 
     for military spouses that sets forth license and credential 
     requirements for common occupations in the States and 
     provides assistance and other resources for military spouses 
     seeking to obtain occupational licenses or credentials in 
     other States; and
       (3) submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth an assessment of the feasibility and advisability of 
     the establishment of a joint Federal-State task force 
     dedicated to the elimination of unnecessary or duplicative 
     occupational licensure and credentialing requirements among 
     the States, including through the use of alternative, less 
     restrictive and burdensome forms of occupational regulation.
                                 ______
                                 
  SA 471. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PUBLICATION OF CONGRESSIONAL BUDGET OFFICE MODELS.

       (a) In General.--Section 402 of the Congressional Budget 
     Act of 1974 (2 U.S.C. 653) is amended--
       (1) by striking ``The Director'' and inserting the 
     following:
       ``(a) In General.--The Director''; and
       (2) by adding at the end the following:
       ``(b) Publication of Models and Data.--The Director of the 
     Congressional Budget Office shall make available to Members 
     of Congress and make publicly available on the website of the 
     Congressional Budget Office--
       ``(1) each fiscal model, policy model, and data preparation 
     routine used by the Congressional Budget Office in estimating 
     the costs and other fiscal, social, or economic effects of 
     legislation, including estimates prepared under subsection 
     (a);
       ``(2) any update of a model or routine described in 
     paragraph (1);
       ``(3) subject to paragraph (4), for each estimate of the 
     costs and other fiscal effects of legislation, including 
     estimates prepared under subsection (a), the data, programs, 
     models, assumptions, and other details of the computations 
     used by the Congressional Budget Office in preparing the 
     estimate, in a manner sufficient to permit replication by 
     individuals not employed by the Congressional Budget Office; 
     and
       ``(4) for any data that is required not to be disclosed by 
     the Congressional Budget Office--
       ``(A) a complete list of all data variables for such data;
       ``(B) descriptive statistics for all data variables for 
     such data (including averages, standard deviations, number of 
     observations, and correlations to other variables), to the 
     extent that the descriptive statistics do not violate the 
     rule against disclosure;
       ``(C) a reference to the statute requiring that the data 
     not be disclosed; and
       ``(D) information regarding how to contact the individual 
     or entity who has unrestricted access to the data.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply on and after the date that is 6 months after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 472. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       On page 12, between lines 10 and 11, insert the following:

     SEC. 112. MEMBERSHIP IN HEALTH CARE SHARING MINISTRY.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Membership in health care sharing ministry.--For 
     purposes of this section, membership in a health care sharing 
     ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be 
     treated as coverage under a high deductible health plan.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 113. TREATMENT OF DIRECT PRIMARY CARE SERVICES.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following new subparagraph:
       ``(F) Treatment of direct primary care services.--For 
     purposes of this section--
       ``(i) In general.--Coverage under a direct primary care 
     service arrangement shall be treated as coverage under a high 
     deductible health plan.
       ``(ii) Direct primary care service arrangement.--The term 
     `direct primary care service arrangement' means an 
     arrangement under which an individual is provided coverage 
     restricted to primary care services in exchange for a fixed 
     periodic fee or payment for primary care services.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 114. SHORT-TERM LIMITED DURATION INSURANCE.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986, as amended by the preceding 
     sections of this Act, is amended by adding at the end the 
     following new subparagraph:
       ``(G) Short-term limited duration insurance.--For purposes 
     of this section--
       ``(i) In general.--Short-term limited duration insurance 
     shall be treated as a high deductible health plan.
       ``(ii) Short-term limited duration insurance.--The term 
     `short-term limited duration insurance' means health 
     insurance coverage provided pursuant to a contract with an 
     issuer which has an expiration date specified in the contract 
     which (without regard to any extensions which may be elected 
     by the policyholder without the consent of the issuer or any 
     guaranteed renewal of the contract offered by the issuer) is 
     less than 12 months after the original effective date of the 
     contract.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 115. INCREASE IN MAXIMUM CONTRIBUTION LIMITATION.

       (a) In General.--Paragraph (2) of section 223(b) of the 
     Internal Revenue Code of 1986 is amended by striking ``\1/12\ 
     of--'' and all that follows and inserting ``\1/12\ of $10,800 
     ($29,500 in the case of a joint return).''.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 223 of the Internal Revenue 
     Code of 1986 is amended by striking paragraphs (3) and (5) 
     and by redesignating paragraphs (4), (6), (7), and (8) as 
     paragraphs (3), (4), (5), and (6), respectively.
       (2) Paragraph (3) of section 223(b) of such Code (as so 
     redesignated) is amended by striking the last sentence.
       (3) Section 223(g) of such Code is amended--
       (A) in paragraph (1), by striking ``subsections (b)(2) 
     and'' both places it appears and inserting ``subsection'',
       (B) in paragraph (1)(B), by striking ``determined by'' and 
     all that follows through `` `calendar year 2003'.'' and 
     inserting ``determined by substituting `calendar year 2003' 
     for `calendar year 1992' in subparagraph (B) thereof.'',
       (C) by redesignating paragraph (2) as paragraph (3),
       (D) by inserting ``or (2)'' after ``paragraph (1)'' in 
     paragraph (3), as so redesignated, and
       (E) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Contribution limits.--In the case of any taxable year 
     beginning after December 31, 2018, each dollar amount in 
     subsection (b)(2) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which such taxable 
     year begins, determined by substituting `2017' for `1992' in 
     subparagraph (B) thereof.''.

[[Page S4470]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 116. PURCHASE OF INSURANCE FROM HEALTH SAVINGS ACCOUNT.

       (a) In General.--Paragraph (2) of section 223(d) of the 
     Internal Revenue Code of 1986, as amended by section 110(a), 
     is amended--
       (1) by striking ``and any dependent (as defined in section 
     152, determined without regard to subsections (b)(1), (b)(2), 
     and (d)(1)(B) thereof) of such individual'' in subparagraph 
     (A) and inserting ``any dependent (as defined in section 152, 
     determined without regard to subsections (b)(1), (b)(2), and 
     (d)(1)(B) thereof) of such individual, and any child (as 
     defined in section 152(f)(1)) of such individual who has not 
     attained the age of 27 before the end of such individual's 
     taxable year'',
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Health insurance may not be purchased from account.--
     Except as provided in subparagraph (C), subparagraph (A) 
     shall not apply to any payment for insurance.'', and
       (3) by striking ``or'' at the end of subparagraph (C)(iii), 
     by striking the period at the end of subparagraph (C)(iv) and 
     inserting ``, or'', and by adding at the end the following:
       ``(v) a high deductible health plan but only to the extent 
     of the portion of such expense in excess of--

       ``(I) any amount allowable as a credit under section 36B 
     for the taxable year with respect to such coverage,
       ``(II) any amount allowable as a deduction under section 
     162(l) with respect to such coverage, or
       ``(III) any amount excludable from gross income with 
     respect to such coverage under section 106 (including by 
     reason of section 125) or 402(l).''.

       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to amounts paid for expenses 
     incurred for, and distributions made for, coverage under a 
     high deductible health plan beginning after December 31, 
     2017.

     SEC. 117. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED 
                   BEFORE ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.

       (a) In General.--Section 223(d)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Treatment of certain medical expenses incurred before 
     establishment of account.--If a health savings account is 
     established during the 60-day period beginning on the date 
     that coverage of the account beneficiary under a high 
     deductible health plan begins, then, solely for purposes of 
     determining whether an amount paid is used for a qualified 
     medical expense, such account shall be treated as having been 
     established on the date that such coverage begins.''.
       (b) Effective Date.--The amendment made by this subsection 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.

     SEC. 118. EXCLUSION FROM HSAS OF HIGH DEDUCTIBLE HEALTH PLANS 
                   INCLUDING COVERAGE FOR ABORTION.

       (a) In General.--Subparagraph (C) of section 223(d)(2) of 
     the Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following flush sentence:
     ``A high deductible health plan shall not be treated as 
     described in clause (v) if such plan includes coverage for 
     abortions (other than any abortion necessary to save the life 
     of the mother or any abortion with respect to a pregnancy 
     that is the result of an act of rape or incest).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.
                                 ______
                                 
  SA 473. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPEALS.

       (a) In General.--The following provisions are hereby 
     repealed:
       (1) Subsection (d) of section 1302 of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18022); and, 
     except for the purposes of applying section 1302(b) to 
     sections 1252, 1301(a)(2), 1312(d)(3)(D), 1331, 1333, and 
     1334 of such Act, subsection (b) of such section 1302.
       (2) Section 1312(c) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18032(c)).
       (3) Section 2701(a)(1) of the Public Health Service Act (42 
     U.S.C. 300gg(a)(1)).
       (4) Subsections (a), (b)(2), (c), and (d) of section 2702 
     of the Public Health Service Act (42 U.S.C. 300gg-1).
       (5) Section 2704 of the Public Health Service Act (42 
     U.S.C. 300gg-3), except for subsection (e)(3) of such 
     section.
       (6) Subsections (a) through (j) of section 2705 of the 
     Public Health Service Act (42 U.S.C. 300gg-4).
       (7) Section 2707 of the Public Health Service Act (42 
     U.S.C. 300gg-6).
       (8) Subsections (a)(1) and (b) of section 2711 of the 
     Public Health Service Act (42 U.S.C. 300gg-11).
       (9) Section 2713(a) of the Public Health Service Act (42 
     U.S.C. 300gg-13(a)).
       (10) Subsections (a), (b)(2), (d), and (e) of section 2718 
     of the Public Health Service Act (42 U.S.C. Sec. Sec.  300gg-
     18).
       (11) Section 2794(b)(2) of the Public Health Service Act 
     (42 U.S.C. 300gg-94(b)(2)), except for the purposes of 
     applying 2794(b)(2) to subsection 2794(a)(2) and subsection 
     1312(f)(2)(B) (42 U.S.C. Sec.  18032(f)(2)(B)).
       (12) Section 1343 of the Patient Protection and Affordable 
     Care Act (42 U.S.C. 18063).
       (b) Guidelines.--The guidelines promulgated pursuant to 
     section 1302(d)(3) of the Patient Protection and Affordable 
     Care Act (42 U.S.C. 18022(d)(3)) that are in effect on the 
     date of enactment of this Act shall have no force or effect.
                                 ______
                                 
  SA 474. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Strike section 1 and all that follows and insert the 
     following:

     SECTION 1. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE 
                   CARE ACT AND THE HEALTH CARE AND EDUCATION 
                   RECONCILIATION ACT OF 2010.

       (a) Patient Protection and Affordable Care Act.--Effective 
     on January 1, 2018, the Patient Protection and Affordable 
     Care Act (Public Law 111-148) is repealed and the provisions 
     of law amended or repealed by such Act are restored or 
     revived as if such Act had not been enacted.
       (b) Health Care and Education Reconciliation Act of 2010.--
     Effective on January 1, 2018, the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152) is repealed 
     and the provisions of law amended or repealed by such Act are 
     restored or revived as if such Act had not been enacted.
                                 ______
                                 
  SA 475. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       On page 12, between lines 10 and 11, insert the following:

     SEC. 112. MEMBERSHIP IN HEALTH CARE SHARING MINISTRY.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Membership in health care sharing ministry.--For 
     purposes of this section, membership in a health care sharing 
     ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be 
     treated as coverage under a high deductible health plan.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 113. TREATMENT OF DIRECT PRIMARY CARE SERVICES.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following new subparagraph:
       ``(F) Treatment of direct primary care services.--For 
     purposes of this section--
       ``(i) In general.--Coverage under a direct primary care 
     service arrangement shall be treated as coverage under a high 
     deductible health plan.
       ``(ii) Direct primary care service arrangement.--The term 
     `direct primary care service arrangement' means an 
     arrangement under which an individual is provided coverage 
     restricted to primary care services in exchange for a fixed 
     periodic fee or payment for primary care services.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 114. INCREASE IN MAXIMUM CONTRIBUTION LIMITATION.

       (a) In General.--Paragraph (2) of section 223(b) of the 
     Internal Revenue Code of 1986 is amended by striking ``\1/12\ 
     of--'' and all that follows and inserting ``\1/12\ of $10,800 
     ($29,500 in the case of a joint return).''.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 223 of the Internal Revenue 
     Code of 1986 is amended by striking paragraphs (3) and (5) 
     and by redesignating paragraphs (4), (6), (7), and (8) as 
     paragraphs (3), (4), (5), and (6), respectively.
       (2) Paragraph (3) of section 223(b) of such Code (as so 
     redesignated) is amended by striking the last sentence.
       (3) Section 223(g) of such Code is amended--
       (A) in paragraph (1), by striking ``subsections (b)(2) 
     and'' both places it appears and inserting ``subsection'',
       (B) in paragraph (1)(B), by striking ``determined by'' and 
     all that follows through `` `calendar year 2003'.'' and 
     inserting ``determined by substituting `calendar year 2003' 
     for `calendar year 1992' in subparagraph (B) thereof.'',
       (C) by redesignating paragraph (2) as paragraph (3),

[[Page S4471]]

       (D) by inserting ``or (2)'' after ``paragraph (1)'' in 
     paragraph (3), as so redesignated, and
       (E) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Contribution limits.--In the case of any taxable year 
     beginning after December 31, 2018, each dollar amount in 
     subsection (b)(2) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which such taxable 
     year begins, determined by substituting `2017' for `1992' in 
     subparagraph (B) thereof.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 115. PURCHASE OF INSURANCE FROM HEALTH SAVINGS ACCOUNT.

       (a) In General.--Paragraph (2) of section 223(d) of the 
     Internal Revenue Code of 1986, as amended by section 110(a), 
     is amended--
       (1) by striking ``and any dependent (as defined in section 
     152, determined without regard to subsections (b)(1), (b)(2), 
     and (d)(1)(B) thereof) of such individual'' in subparagraph 
     (A) and inserting ``any dependent (as defined in section 152, 
     determined without regard to subsections (b)(1), (b)(2), and 
     (d)(1)(B) thereof) of such individual, and any child (as 
     defined in section 152(f)(1)) of such individual who has not 
     attained the age of 27 before the end of such individual's 
     taxable year'',
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Health insurance may not be purchased from account.--
     Except as provided in subparagraph (C), subparagraph (A) 
     shall not apply to any payment for insurance.'', and
       (3) by striking ``or'' at the end of subparagraph (C)(iii), 
     by striking the period at the end of subparagraph (C)(iv) and 
     inserting ``, or'', and by adding at the end the following:
       ``(v) a high deductible health plan but only to the extent 
     of the portion of such expense in excess of--

       ``(I) any amount allowable as a credit under section 36B 
     for the taxable year with respect to such coverage,
       ``(II) any amount allowable as a deduction under section 
     162(l) with respect to such coverage, or
       ``(III) any amount excludable from gross income with 
     respect to such coverage under section 106 (including by 
     reason of section 125) or 402(l).''.

       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to amounts paid for expenses 
     incurred for, and distributions made for, coverage under a 
     high deductible health plan beginning after December 31, 
     2017.

     SEC. 116. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED 
                   BEFORE ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.

       (a) In General.--Section 223(d)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Treatment of certain medical expenses incurred before 
     establishment of account.--If a health savings account is 
     established during the 60-day period beginning on the date 
     that coverage of the account beneficiary under a high 
     deductible health plan begins, then, solely for purposes of 
     determining whether an amount paid is used for a qualified 
     medical expense, such account shall be treated as having been 
     established on the date that such coverage begins.''.
       (b) Effective Date.--The amendment made by this subsection 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.

     SEC. 117. EXCLUSION FROM HSAS OF HIGH DEDUCTIBLE HEALTH PLANS 
                   INCLUDING COVERAGE FOR ABORTION.

       (a) In General.--Subparagraph (C) of section 223(d)(2) of 
     the Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following flush sentence:
     ``A high deductible health plan shall not be treated as 
     described in clause (v) if such plan includes coverage for 
     abortions (other than any abortion necessary to save the life 
     of the mother or any abortion with respect to a pregnancy 
     that is the result of an act of rape or incest).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.
                                 ______
                                 
  SA 476. Mr. SULLIVAN (for himself, Mr. Hoeven, Ms. Murkowski, and Mr. 
Rounds) submitted an amendment intended to be proposed to amendment SA 
267 proposed by Mr. McConnell to the bill H.R. 1628, to provide for 
reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; which was ordered to lie on the table; as 
follows:

       On page 18, strike lines 7 through 26 and insert the 
     following:

     SEC. 204. FUNDING FOR COST-SHARING PAYMENTS.

       There is appropriated to the Secretary of Health and Human 
     Services, out of any money in the Treasury not otherwise 
     appropriated, such sums as may be necessary for payments for 
     cost-sharing reductions authorized by the Patient Protection 
     and Affordable Care Act (including adjustments to any prior 
     obligations for such payments) for the period beginning on 
     the date of enactment of this Act and (except for payments 
     authorized by section 1402 of such Act, as amended by section 
     209) ending on December 31, 2019. Notwithstanding any other 
     provision of this Act, payments and other actions for 
     adjustments to any obligations incurred for plan years 2018 
     and 2019 may be made through December 31, 2020.

     SEC. 205. REPEAL OF COST-SHARING SUBSIDY PROGRAM.

       (a) In General.--The Patient Protection and Affordable Care 
     Act is amended by striking section 1402.
       (b) Preservation of Cost-sharing for Indians.--The Patient 
     Protection and Affordable Care Act, as amended by subsection 
     (a), is amended by inserting after section 1401 the 
     following:

     ``SEC. 1402. REDUCED COST-SHARING FOR CERTAIN INDIVIDUALS.

       ``(a) In General.--In the case of an eligible insured 
     enrolled in a qualified health plan in the individual market 
     through an Exchange--
       ``(1) the Secretary shall notify the issuer of the plan of 
     such eligibility; and
       ``(2) the issuer shall reduce the cost-sharing under the 
     plan at the level and in the manner specified in subsection 
     (c).
       ``(b) Eligible Insured.--For purposes of this section, the 
     term `eligible insured' means an Indian (as defined in 
     section 4(d) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(d))) whose household income is 
     not more than 300 percent of the poverty line for a family of 
     the size involved.
       ``(c) Reduction of Cost-sharing.--
       ``(1) In general.--The issuer of the plan described in 
     subsection (a) in which an eligible insured is enrolled shall 
     eliminate any cost-sharing under the plan.
       ``(2) Items or services furnished through indian health 
     providers.--If an Indian (as so defined) enrolled in a 
     qualified health plan is furnished an item or service 
     directly by the Indian Health Service, an Indian Tribe, 
     Tribal Organization, or Urban Indian Organization or through 
     referral under contract health services--
       ``(A) no cost-sharing under the plan shall be imposed under 
     the plan for such item or service; and
       ``(B) the issuer of the plan shall not reduce the payment 
     to any such entity for such item or service by the amount of 
     any cost-sharing that would be due from the Indian but for 
     subparagraph (A).
       ``(d) Payment.--The Secretary shall pay to the issuer of a 
     qualified health plan the amount necessary to reflect the 
     increase in actuarial value of the plan required by reason of 
     this section.
       ``(e) Definitions and Special Rules.--In this section:
       ``(1) In general.--Any term used in this section which is 
     also used in section 36B of the Internal Revenue Code of 1986 
     shall have the meaning given such term by such section.
       ``(2) Limitations on reduction.--No cost-sharing reduction 
     shall be allowed under this section with respect to coverage 
     for any month unless the month is a coverage month with 
     respect to which a credit is allowed to the insured (or an 
     applicable taxpayer on behalf of the insured) under section 
     36B of such Code.
       ``(3) Data used for eligibility.--Any determination under 
     this section shall be made on the basis of the taxable year 
     for which the advance determination is made under section 
     1412 and not the taxable year for which the credit under 
     section 36B of such Code is allowed.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to cost-sharing reductions (and payments to 
     issuers for such reductions) for plan years beginning after 
     December 31, 2019.
                                 ______
                                 
  SA 477. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AVAILABILITY ACROSS STATE LINES.

       The Secretary shall promulgate regulations permitting 
     health insurance coverage to be sold across State lines.
                                 ______
                                 
  SA 478. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 550. CIVILIAN TRAINING FOR NATIONAL GUARD PILOTS AND 
                   SENSOR OPERATOR AIRCREWS OF MQ-9 UNMANNED 
                   AERIAL VEHICLES.

       (a) Contracts for Training.--The Chief of the National 
     Guard Bureau may enter into one or more contracts with 
     appropriate civilian entities in order to provide flying or 
     operating training for National Guard pilots

[[Page S4472]]

     and sensor operator aircrew members in the MQ-9 unmanned 
     aerial vehicle if the Chief of the National Guard Bureau 
     determines that--
       (1) Air Force training units lack sufficient capacity to 
     train such pilots or sensor operator aircrew members for 
     initial qualification in the MQ-9 unmanned aerial vehicle;
       (2) pilots or sensor operator aircrew members of Air 
     National Guard units require continuation training in order 
     to remain current and qualified in the MQ-9 unmanned aerial 
     vehicle;
       (3) non-combat continuation training in the MQ-9 unmanned 
     aerial vehicle is necessary for such pilots or sensor 
     operator aircrew members to achieve required levels of flying 
     or operating proficiency; or
       (4) such training for such pilots or sensor operator 
     aircrew members is necessary in order to meet requirements 
     for the National Guard to provide pilots and sensor operator 
     aircrew members qualified in the MQ-9 unmanned aerial vehicle 
     for operations on active duty and in State status.
       (b) Nature of Training Under Contracts.--Any training 
     provided pursuant to a contract under subsection (a) shall 
     incorporate a level of instruction that is equivalent to the 
     instruction in the MQ-9 unmanned aerial vehicle provided to 
     pilots and sensor operator aircrew members at Air Force 
     training units.
                                 ______
                                 
  SA 479. Ms. HEITKAMP (for herself and Mr. Sullivan) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EMPOWERING FEDERAL EMPLOYMENT FOR VETERANS.

       (a) Establishment of Veterans Employment Programs in 
     Federal Agencies.--
       (1) Definitions.--In this subsection--
       (A) the term ``covered agency'' means--
       (i) the Department of State;
       (ii) the Department of the Treasury;
       (iii) the Department of Defense;
       (iv) the Department of Justice;
       (v) the Department of the Interior;
       (vi) the Department of Agriculture;
       (vii) the Department of Commerce;
       (viii) the Department of Labor;
       (ix) the Department of Health and Human Services;
       (x) the Department of Housing and Urban Development;
       (xi) the Department of Transportation;
       (xii) the Department of Energy;
       (xiii) the Department of Education;
       (xiv) the Department of Veterans Affairs;
       (xv) the Department of Homeland Security;
       (xvi) the Environmental Protection Agency;
       (xvii) the National Aeronautics and Space Administration;
       (xviii) the Agency for International Development;
       (xix) the General Services Administration;
       (xx) the National Science Foundation;
       (xxi) the Nuclear Regulatory Commission;
       (xxii) the Office of Personnel Management;
       (xxiii) the Small Business Administration;
       (xxiv) the Social Security Administration; and
       (xxv) any other Executive agency (as defined in section 105 
     of title 5, United States Code) that the President may 
     designate;
       (B) the term ``transitioning member of the Armed Forces'' 
     means a member of the Armed Forces who is expected to be 
     discharged or released from active duty in the Armed Forces 
     within 180 days; and
       (C) the term ``veterans employment official'' means--
       (i) the head of a Veterans Employment Program Office 
     established under paragraph (2)(A)(i); and
       (ii) an employee designated to carry out a Veterans 
     Employment Program for a covered agency under paragraph 
     (2)(A)(ii).
       (2) Veterans employment programs.--The head of a covered 
     agency shall--
       (A)(i) establish or maintain a Veterans Employment Program 
     Office within the covered agency; or
       (ii) designate an employee of the covered agency who shall 
     have full-time responsibility for carrying out a Veterans 
     Employment Program for the covered agency; and
       (B) ensure the public availability of contact information 
     for veterans employment officials to ensure engagement with 
     prospective applicants.
       (3) Responsibilities.--A veterans employment official of a 
     covered agency shall--
       (A) enhance employment opportunities for veterans within 
     the agency, consistent with law and merit system principles, 
     including by developing and implementing--
       (i) the agency's plan for promoting employment 
     opportunities for veterans;
       (ii) veterans recruitment programs; and
       (iii) training programs for veterans with disabilities;
       (B) coordinate and provide employment counseling and 
     training programs to prospective applicants to help match the 
     skills and career aspirations of veterans to the needs of the 
     agency, targeting high-demand Federal occupations that are 
     projected to have heavy recruitment needs;
       (C) participate in skills-based, cross-governmental, and 
     individual agency career development programs to leverage 
     those programs in matching veterans' career aspirations with 
     high-growth occupations; and
       (D) provide mandatory annual training to human resources 
     employees and hiring managers of the agency concerning 
     veterans' employment, including training on veterans' 
     preferences and special authorities for the hiring of 
     veterans.
       (4) Coordination by office of personnel management.--
       (A) In general.--The Director of the Office of Personnel 
     Management shall facilitate coordination among veterans 
     employment officials, including appropriate sharing of 
     resources and information to help match the skills and career 
     aspirations of veterans to the needs of the agencies.
       (B) Responsibilities.--The Director of the Office of 
     Personnel Management shall--
       (i) establish a Veterans Program Office to provide 
     Government-wide leadership in recruitment and employment of 
     veterans in the executive branch of the Federal Government;
       (ii) regularly convene veterans employment officials for 
     working-level meetings to share information on best 
     practices, prospective applicants, and strategies for 
     matching veterans with appropriate employment;
       (iii) develop mandatory annual training for human resources 
     employees and hiring managers of covered agencies concerning 
     veterans' employment, including training on veterans' 
     preferences and special authorities for the hiring of 
     veterans;
       (iv) develop a skills-based, cross-governmental career 
     development program for covered agencies to leverage in 
     matching veterans' career aspirations with high-growth 
     occupations;
       (v) promote the Federal Government as an employer of choice 
     to transitioning members of the Armed Forces and veterans;
       (vi) market the talent, experience, and dedication of 
     transitioning members of the Armed Forces and veterans to 
     Federal agencies; and
       (vii) disseminate Federal employment information to 
     veterans and hiring officials.
       (C) Accountability.--Not later than 1 year after the date 
     of enactment of this Act, the Director of the Office of 
     Personnel Management shall submit to Congress a report on--
       (i) progress made toward the sharing of resources among 
     veterans employment officials;
       (ii) progress made toward the sharing of information among 
     veterans employment officials, including steps to promote 
     face-to-face interaction and the use of Federal information 
     gateways;
       (iii) the development and implementation of training 
     programs for human resources employees and hiring managers of 
     Federal agencies;
       (iv) career development programs for veterans seeking 
     employment; and
       (v) efforts to promote the Federal Government as an 
     employer of choice to transitioning members of the Armed 
     Forces and veterans.
       (b) Interagency Council on Veterans Employment.--
       (1) Establishment.--
       (A) In general.--There is established an interagency 
     council on matters relating to the employment of veterans.
       (B) Designation.--The council established under 
     subparagraph (A) shall be known as the ``Interagency Council 
     on Veterans Employment'' (in this subsection referred to as 
     the ``Council'').
       (2) Membership.--
       (A) Composition.--The Council shall consist of the heads 
     of--
       (i) each covered agency (as defined in subsection (a)(1)); 
     and
       (ii) any other Executive agency (as defined in section 105 
     of title 5, United States Code) that the President may 
     designate.
       (B) Co-chairs.--The Secretary of Labor and the Secretary of 
     Veterans Affairs shall serve as Co-Chairs of the Council.
       (C) Vice-chair.--The Director of the Office of Personnel 
     Management shall serve as the Vice Chair of the Council.
       (3) Duties.--The duties of the Council shall include each 
     of the following:
       (A) To advise and assist the President and the Director of 
     the Office of Personnel Management on matters relating to 
     maintaining a coordinated Government-wide effort to increase 
     the number of veterans employed by the Federal Government in 
     positions that match the skills and career aspirations of 
     veterans, by enhancing recruiting, hiring, retention, 
     training and skills development, and job satisfaction.
       (B) To serve as a national forum for promoting employment 
     opportunities for veterans in the executive branch of the 
     Federal Government.
       (C) To establish performance measures to assess the 
     effectiveness of efforts to promote recruiting, hiring, 
     retention, training and skills development, and job 
     satisfaction of veterans by the Federal Government.
       (D) Not later than 1 year after the date of enactment of 
     this Act and not less frequently than once each year 
     thereafter, to submit to the President and Congress a report 
     on the effectiveness of those efforts.
       (4) Administration.--
       (A) Duties of co-chairs.--The Co-Chairs shall convene 
     regular meetings of the Council, determine its agenda, and 
     direct its work.

[[Page S4473]]

       (B) Steering committee.--At the direction of the Co-Chairs, 
     the Council may establish--
       (i) a Steering Committee to provide leadership, 
     accountability, and strategic direction to the Council; and
       (ii) subgroups to promote coordination among veterans 
     employment officials (as defined in subsection (a)(1)).
       (C) Executive director.--The Vice Chair shall designate an 
     Executive Director for the Council to support the Vice Chair 
     in managing the Council's activities.
       (D) OPM.--The Office of Personnel Management shall provide 
     administrative support for the Council to the extent 
     permitted by law and within existing appropriations (as of 
     the date of the provision).
       (c) Expansion of SkillBridge Initiative to Include 
     Participation by Federal Agencies.--
       (1) Modification of initiative by secretary of defense.--
     The Secretary of Defense, in consultation with the Director 
     of the Office of Personnel Management, shall make such 
     modifications to the SkillBridge initiative of the Department 
     of Defense as the Secretary considers appropriate to enable 
     Federal agencies to participate in the initiative as 
     employers and trainers, including the provision of training 
     by Federal agencies under the initiative to transitioning 
     members of the Armed Forces.
       (2) Participation by federal agencies.--The Director, in 
     consultation with the Secretary, shall take such actions as 
     may be necessary to ensure that each Federal agency 
     participates in the SkillBridge initiative of the Department 
     of Defense as described in paragraph (1).
       (3) Transitioning members of the armed forces defined.--In 
     this subsection, the term ``transitioning member of the Armed 
     Forces'' means a member of the Armed Forces who is expected 
     to be discharged or released from active duty in the Armed 
     Forces not more than 180 days after the member commences 
     training under the SkillBridge initiative.
                                 ______
                                 
  SA 480. Mr. UDALL (for himself, Mr. Rounds, Mr. Heinrich, and Mrs. 
Murray) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES 
                   FOR MATERNITY LEAVE TAKEN BY MEMBERS OF THE 
                   RESERVE COMPONENTS.

       (a) Compensation.--Section 206(a) of title 37, United 
     States Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding the end the following new paragraph:
       ``(4) for each of 12 days in connection with the taking by 
     the member of a period of maternity leave.''.
       (b) Credit for Retired Pay Purposes.--
       (1) In general.--The period of maternity leave taken by a 
     member of the reserve components of the Armed Forces in 
     connection with the birth of a child shall count toward the 
     member's entitlement to retired pay, and in connection with 
     the years of service used in computing retired pay, under 
     chapter 1223 of title 10, United States Code, as 12 points.
       (2) Separate credit for each period of leave.--Separate 
     crediting of points shall accrue to a member pursuant to this 
     subsection for each period of maternity leave taken by the 
     member in connection with a childbirth event.
       (3) When credited.--Points credited a member for a period 
     of maternity leave pursuant to this subsection shall be 
     credited in the year in which the period of maternity leave 
     concerned commences.
       (4) Contribution of leave toward entitlement to retired 
     pay.--Section 12732(a)(2) of title 10, United States Code, is 
     amended by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Points at the rate of 12 a year for the taking of 
     maternity leave.''.
       (5) Computation of years of service for retired pay.--
     Section 12733 of such title is amended--
       (A) by redesignating paragraph (5) as paragraph (6); and
       (B) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) One day for each point credited to the person under 
     subparagraph (F) of section 12732(a)(2) of this title.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act, and shall apply with respect to 
     periods of maternity leave that commence on or after that 
     date.
                                 ______
                                 
  SA 481. Mr. UDALL (for himself, Mr. Rounds, Mr. Heinrich, and Mrs. 
Murray) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES 
                   FOR MATERNITY LEAVE TAKEN BY MEMBERS OF THE 
                   RESERVE COMPONENTS.

       (a) Compensation.--Section 206(a) of title 37, United 
     States Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding the end the following new paragraph:
       ``(4) for each of 12 days in connection with the taking by 
     the member of a period of maternity leave.''.
       (b) Credit for Retired Pay Purposes.--
       (1) In general.--The period of maternity leave taken by a 
     member of the reserve components of the Armed Forces in 
     connection with the birth of a child shall count toward the 
     member's entitlement to retired pay, and in connection with 
     the years of service used in computing retired pay, under 
     chapter 1223 of title 10, United States Code, as 12 points.
       (2) Separate credit for each period of leave.--Separate 
     crediting of points shall accrue to a member pursuant to this 
     subsection for each period of maternity leave taken by the 
     member in connection with a childbirth event.
       (3) When credited.--Points credited a member for a period 
     of maternity leave pursuant to this subsection shall be 
     credited in the year in which the period of maternity leave 
     concerned commences.
       (4) Contribution of leave toward entitlement to retired 
     pay.--Section 12732(a)(2) of title 10, United States Code, is 
     amended by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Points at the rate of 12 a year for the taking of 
     maternity leave.''.
       (5) Computation of years of service for retired pay.--
     Section 12733 of such title is amended--
       (A) by redesignating paragraph (5) as paragraph (6); and
       (B) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) One day for each point credited to the person under 
     subparagraph (F) of section 12732(a)(2) of this title.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act, and shall apply with respect to 
     periods of maternity leave that commence on or after that 
     date.
                                 ______
                                 
  SA 482. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1088. LIMITATION ON USE OF FUNDS TO CLOSE BIOSAFETY 
                   LEVEL 4 LABORATORIES.

       None of the funds authorized to be appropriated under this 
     Act or any other Act may be used to support the closure or 
     transfer of any biosafety level 4 laboratory of the 
     Department of Homeland Security or other facility of the 
     Department of Homeland Security that monitors chemical or 
     biological threats.
                                 ______
                                 
  SA 483. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 953. NEW NAVY SHIP INTEGRATION AND DESIGN CENTER.

       The Secretary of the Navy shall establish at a current 
     Naval Surface Warfare Center a new Navy Ship Integration and 
     Design Center to support current and future Navy vessels 
     acquisition programs in order to reduce costs due to 
     inefficiencies and vessel design cycle times.
                                 ______
                                 
  SA 484. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:


[[Page S4474]]


  

       In title VIII, strike subtitle E.
                                 ______
                                 
  SA 485. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 133. MODERNIZATION OF THE RADAR FOR F-16 FIGHTER 
                   AIRCRAFT OF THE NATIONAL GUARD.

       (a) Modernization Required.--The Secretary of the Air Force 
     shall take appropriate actions to modernize the radars of F-
     16 fighter aircraft of the National Guard by replacing legacy 
     mechanically-scanned radars for such aircraft with AESA 
     radars.
       (b) Report.--Not later 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a plan to modernize the 
     radars of F-16 fighter aircraft of the National Guard as 
     required by subsection (a).
                                 ______
                                 
  SA 486. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle __ of title __, add the following:

     SEC. ___. PLAN FOR DEVELOPMENT OF ENERGETIC MATERIALS BY 
                   DEPARTMENT OF NAVY.

       (a) Plan Required.--The Secretary of the Navy shall develop 
     a long-term science and technology plan for the development 
     of energetic materials, both explosives and propellants.
       (b) Report.--Not later than March 2, 2018, the Secretary 
     shall submit to Congress a report on the plan required by 
     subsection (a).
                                 ______
                                 
  SA 487. Mr. CARPER (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

            Subtitle H--Government Purchase and Travel Cards

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Saving Federal Dollars 
     Through Better Use of Government Purchase and Travel Cards 
     Act of 2017''.

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (1) Improper payment.--The term ``improper payment'' has 
     the meaning given the term in section 2 of the Improper 
     Payments Information Act of 2002 (31 U.S.C. 3321 note).
       (2) Questionable transaction.--The term ``questionable 
     transaction'' means a charge card transaction that from 
     initial card data appears to be high risk and may therefore 
     be improper due to non-compliance with applicable law, 
     regulation or policy.
       (3) Strategic sourcing.--The term ``strategic sourcing'' 
     means analyzing and modifying a Federal agency's spending 
     patterns to better leverage its purchasing power, reduce 
     costs, and improve overall performance.

     SEC. 1093. EXPANDED USE OF DATA ANALYTICS.

       (a) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Administrator 
     for General Services, shall develop a strategy to expand the 
     use of data analytics in managing government purchase and 
     travel charge card programs. These analytics may employ 
     existing General Services Administration capabilities, and 
     may be in conjunction with agencies' capabilities, for the 
     purpose of--
       (1) identifying examples or patterns of questionable 
     transactions and developing enhanced tools and methods for 
     agency use in--
       (A) identifying questionable purchase and travel card 
     transactions; and
       (B) recovering improper payments made with purchase and 
     travel cards;
       (2) identifying potential opportunities for agencies to 
     further leverage administrative process streamlining and cost 
     reduction from purchase and travel card use, including 
     additional agency opportunities for card-based strategic 
     sourcing;
       (3) developing a set of purchase and travel card metrics 
     and benchmarks for high-risk activities, which shall assist 
     agencies in identifying potential emphasis areas for their 
     purchase and travel card management and oversight activities, 
     including those required by the Government Charge Card Abuse 
     Prevention Act of 2012 (Public Law 112-194); and
       (4) developing a plan, which may be based on existing 
     capabilities, to create a library of analytics tools and data 
     sources for use by Federal agencies (including inspectors 
     general of those agencies).

     SEC. 1094. GUIDANCE ON IMPROVING INFORMATION SHARING TO CURB 
                   IMPROPER PAYMENTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Administrator 
     of General Services and the interagency charge card data 
     management group established under section 1095, shall issue 
     guidance on improving information sharing by government 
     agencies for the purposes of section 1093(a)(1).
       (b) Elements.--The guidance issued under subsection (a) 
     shall--
       (1) require relevant officials at Federal agencies to 
     identify high-risk activities and communicate that 
     information to the appropriate management levels within the 
     agencies;
       (2) require that appropriate officials at Federal agencies 
     review the reports issued by charge card-issuing banks on 
     questionable transaction activity (such as purchase and 
     travel card pre-suspension and suspension reports, 
     delinquency reports, and exception reports), including 
     transactions that occur with high-risk activities, and 
     suspicious timing or amounts of cash withdrawals or advances;
       (3) provide for the appropriate sharing of information 
     related to potential questionable transactions, fraud 
     schemes, and high-risk activities with General Services 
     Administration Office of Charge Card Management and the 
     appropriate officials in Federal agencies;
       (4) consider the recommendations made by Inspectors General 
     or the best practices Inspectors General have identified; and
       (5) include other requirements determined appropriate by 
     the Director for the purposes of carrying out this subtitle.

     SEC. 1095. INTERAGENCY CHARGE CARD DATA MANAGEMENT GROUP.

       (a) Establishment.--The Administrator of General Services 
     and the Director of the Office of Management and Budget shall 
     establish a purchase and travel charge card data management 
     group to develop and share best practices for the purposes 
     described in section 1093(a).
       (b) Elements.--The best practices developed under 
     subsection (a) shall--
       (1) cover rules, edits, and task order or contract 
     modifications related to charge card-issuing banks;
       (2) include the review of accounts payable information and 
     purchase and travel card transaction data of agencies for the 
     purpose of identifying potential strategic sourcing and other 
     additional opportunities (such as recurring payments, utility 
     payments, and grant payments) for which the charge cards or 
     related payment products could be used as a payment method; 
     and
       (3) include other best practices as determined by the 
     Administrator and Director.
       (c) Membership.--The purchase and travel charge card data 
     management group shall meet regularly as determined by the 
     co-chairs, for a duration of three years, and include those 
     agencies as described in section 2 of the Government Charge 
     Card Abuse Prevention Act of 2012 (Public Law 112-194) and 
     others identified by the Administrator and Director.

     SEC. 1096. REPORTING REQUIREMENTS.

       (a) General Services Administration Report.--Not later than 
     one year after the date of the enactment of this Act, the 
     Administrator for General Services shall submit a report to 
     Congress on the implementation of this subtitle, including 
     the metrics used in determining whether the analytic and 
     benchmarking efforts have reduced, or contributed to the 
     reduction of, questionable or improper payments as well as 
     improved utilization of card-based payment products.
       (b) Agency Reports and Consolidated Report to Congress.--
     Not later than one year after the date of the enactment of 
     this Act, the head of each Federal agency described in 
     section 2 of the Government Charge Card Abuse Prevention Act 
     of 2012 (Public Law 112-194) shall submit a report to the 
     Director of the Office of Management and Budget on that 
     agency's activities to implement this subtitle.
       (c) Office of Management and Budget Report to Congress.--
     The Director of the Office of Management and Budget shall 
     submit to Congress a consolidated report of agency activities 
     to implement this subtitle, which may be included as part of 
     another report submitted to Congress by the Director.
       (d) Report on Additional Savings Opportunities.--Not later 
     than one year after the date of the enactment of this Act, 
     the Administrator of General Services shall submit a report 
     to Congress identifying and exploring further potential 
     savings opportunities for government agencies under the 
     Federal charge card programs. This report may be combined 
     with the report required under subsection (a).
                                 ______
                                 
  SA 488. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction,

[[Page S4475]]

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

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

     SEC. 1049. SENSE OF CONGRESS ON USE OF TEST SITES FOR 
                   RESEARCH AND DEVELOPMENT ON COUNTERING UNMANNED 
                   AERIAL SYSTEMS.

       It is the sense of Congress that--
       (1) the armed unmanned aerial systems deployed by 
     adversaries for military purposes pose a threat to military 
     installations, critical infrastructure, and members of the 
     Armed Forces in conflict areas like Iraq and Syria;
       (2) the unmanned aerial systems test sites designated by 
     the Federal Aviation Administration offer unique 
     capabilities, expertise, and airspace for research and 
     development related to unmanned aerial systems; and
       (3) the Armed Forces should, to the extent practicable, 
     seek to leverage the test sites described in paragraph (2) 
     for research and development on capabilities to counter the 
     nefarious use of unmanned aerial systems.
                                 ______
                                 
  SA 489. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       On page 655, line 4, insert after ``the Republic of Korea 
     and Japan'' the following: ``, and should fully consider 
     actions to reassure the Republic of Korea and Japan of the 
     enduring commitment of the United States to provide its full 
     range of capabilities in their defense''.
                                 ______
                                 
  SA 490. Mr. WARNER (for himself, Mr. Sullivan, and Mr. Cornyn) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1270E. ADVANCEMENTS IN DEFENSE COOPERATION BETWEEN THE 
                   UNITED STATES AND INDIA.

       (a) Strategy to Further Cooperation.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretary of State, develop a strategy 
     for advancing defense cooperation between the United States 
     and India.
       (2) Elements.--The strategy shall address the following:
       (A) Common security challenges.
       (B) The role of United States partners and allies in the 
     United States-India defense relationship.
       (C) The role of the Defense Technology and Trade 
     Initiative.
       (D) How to advance the Communications Interoperability and 
     Security Memorandum of Agreement and the Basic Exchange and 
     Cooperation Agreement for Geospatial Cooperation.
       (E) The role of joint exercises, operations, patrols and 
     mutual defense planning.
       (F) Any other matters the Secretary of Defense or the 
     Secretary of State considers appropriate.
       (b) India as Major Defense Partner.--
       (1) Findings.--Congress makes the following findings:
       (A) Subsection (a)(1)(A) of section 1292 of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328; 130 Stat. 2559; 22 U.S.C. 2751 note) requires the 
     recognition of India as a major defense partner.
       (B) The President and the Prime Minister of India, in a 
     joint statement, noted that India is a Major Defense Partner 
     of the United States.
       (C) The designation of ``Major Defense Partner'' is unique 
     to India, and institutionalizes the progress made to 
     facilitate defense trade and technology sharing between the 
     United States and India.
       (D) The designation elevates defense trade and technology 
     cooperation between the United States and India to a level 
     commensurate with the closest allies and partners of the 
     United States.
       (E) The designation is intended to facilitate technology 
     sharing between the United States and India, including 
     license-free access to a wide range of dual-use technologies.
       (F) The designation facilitates joint exercises, 
     coordination on defense strategy and policy, military 
     exchanges, and port calls in support of defense cooperation 
     between the United States and India.
       (2) Interagency definition.--The Secretary of Defense, the 
     Secretary of State, and the Secretary of Commerce shall 
     jointly produce a common definition of the term ``Major 
     Defense Partner'' as it relates to India for joint use by the 
     Department of Defense, the Department of State, and the 
     Department of Commerce.
       (c) Responsibility for Enhanced Cooperation.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of State shall make the designation required by 
     subsection (a)(1)(B) of section 1292 of the National Defense 
     Authorization Act for Fiscal Year 2017.
       (2) Additional duties.--In addition to the duties specified 
     in clauses (i) and (ii) of subsection (a)(1)(B) of such 
     section 1292, the individual designated pursuant to paragraph 
     (1) shall promote United States defense trade with India for 
     the benefit of job creation and commercial competitiveness in 
     the United States.
       (3) Briefings.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter, 
     appropriate officials of the Office of the Secretary of 
     Defense and appropriate officials of the Department of State 
     shall brief the appropriate committees of Congress on the 
     actions of the Department of Defense and the Department of 
     State, respectively, to promote the competitiveness of United 
     States defense exports to India. The requirement for 
     briefings under this paragraph shall cease on the date of the 
     designation of an individual pursuant to paragraph (1).
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 491. Mr. SCHATZ (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OPEN GOVERNMENT DATA.

       (a) Short Title.--This section may be cited as the ``Open, 
     Public, Electronic, and Necessary Government Data Act'' or 
     the ``OPEN Government Data Act''.
       (b) Definition.--In this section, the term ``agency'' has 
     the meaning given the term in section 3561 of title 44, 
     United States Code, as added by subsection (c).
       (c) Open Government Data.--
       (1) In general.--Chapter 35 of title 44, United States 
     Code, is amended by adding at the end the following:

                 ``Subchapter III--Open Government Data

     ``Sec. 3561. Definitions

       ``As used in this subchapter--
       ``(1) the term `agency'--
       ``(A) has the meaning given the term in section 3502; and
       ``(B) includes the Federal Election Commission;
       ``(2) the term `data' means recorded information, 
     regardless of form or the media on which the data is 
     recorded;
       ``(3) the term `data asset' means a collection of data 
     elements or data sets that may be grouped together;
       ``(4) the term `Director' means the Director of the Office 
     of Management and Budget;
       ``(5) the term `Enterprise Data Inventory' means a data 
     inventory developed and maintained under section 3563;
       ``(6) the terms `information resources management', 
     `information system', and `information technology' have the 
     meanings given those terms in section 3502;
       ``(7) the term `machine-readable' means a format in which 
     information or data can be easily processed by a computer 
     without human intervention while ensuring no semantic meaning 
     is lost;
       ``(8) the term `metadata' means structural or descriptive 
     information about data such as content, format, source, 
     rights, accuracy, provenance, frequency, periodicity, 
     granularity, publisher or responsible party, contact 
     information, method of collection, and other descriptions;
       ``(9) the term `open Government data asset' means a data 
     asset maintained by the Federal Government that is--
       ``(A) machine-readable;
       ``(B) available in an open format;
       ``(C) not encumbered by restrictions that would impede use 
     or reuse;
       ``(D) releasable to the public according to guidance issued 
     by the Director under section 3562(d); and
       ``(E) based on an underlying open standard that is 
     maintained by a standards organization; and
       ``(10) the term `open license' means a legal guarantee 
     applied to a data asset that the data asset is made 
     available--
       ``(A) at no cost to the public; and
       ``(B) with no restrictions on copying, publishing, 
     distributing, transmitting, citing, or adapting.

     ``Sec. 3562. Requirements for Government data

       ``(a) Machine-Readable Data Required.--Open Government data 
     assets made available

[[Page S4476]]

     by an agency shall be published as machine-readable data.
       ``(b) Open by Default and Open License Required.--To the 
     extent permitted by law and subject to privacy, 
     confidentiality, and any other restrictions, and according to 
     guidance issued by the Director under subsection (d)--
       ``(1) data assets maintained by the Federal Government 
     shall--
       ``(A) be available in an open format; and
       ``(B) be available under open licenses; and
       ``(2) open Government data assets published by or for an 
     agency shall be made available under an open license.
       ``(c) Innovation.--Each agency may engage with 
     nongovernmental organizations, citizens, nonprofit 
     organizations, colleges and universities, private and public 
     companies, and other agencies to explore opportunities to 
     leverage the data assets of the agency in a manner that may 
     provide new opportunities for innovation in the public and 
     private sectors in accordance with law, regulation, and 
     policy.
       ``(d) Guidance for Open by Default and Open License 
     Requirements.--The Director shall issue guidance for agencies 
     to use in implementing subsections (a) and (b), including 
     criteria that the head of each agency shall use in 
     determining whether to make a particular data asset publicly 
     available in a manner that takes into account--
       ``(1) privacy and confidentiality risks and restrictions, 
     including the risk that an individual data asset in isolation 
     does not pose a privacy or confidentiality risk but when 
     combined with other available information may pose such a 
     risk;
       ``(2) security considerations, including the risk that 
     information in an individual data asset in isolation does not 
     pose a security risk but when combined with other available 
     information may pose such a risk;
       ``(3) the cost and benefits to the public of converting a 
     data asset into a machine-readable format that is accessible 
     and useful to the public;
       ``(4) the expectation that a data asset be disclosed, if it 
     would otherwise be made available under section 552 of title 
     5 (commonly known as the `Freedom of Information Act'); and
       ``(5) any other considerations that the Director determines 
     to be relevant.

     ``Sec. 3563. Enterprise Data Inventory

       ``(a) Agency Data Inventory Required.--
       ``(1) In general.--In order to develop a clear and 
     comprehensive understanding of the data assets in the 
     possession of an agency, the head of each agency, in 
     consultation with the Director, shall develop and maintain an 
     enterprise data inventory that accounts for any data asset 
     created, collected, under the control or direction of, or 
     maintained by the agency after the effective date of this 
     section, with the goal of including all data assets, to the 
     extent practicable.
       ``(2) Contents.--Each Enterprise Data Inventory shall 
     include the following:
       ``(A) Data assets used in agency information systems 
     (including program administration, statistics, and financial 
     activity) generated by applications, devices, networks, 
     facilities, and equipment, categorized by source type.
       ``(B) Data assets shared or maintained across agency 
     programs and bureaus.
       ``(C) Data assets that are shared among agencies or created 
     by more than 1 agency.
       ``(D) A clear indication of all data assets that can be 
     made publicly available under section 552 of title 5 
     (commonly known as the `Freedom of Information Act').
       ``(E) A description of whether the agency has determined 
     that an individual data asset may be made publicly available 
     and whether the data asset is available to the public.
       ``(F) Open Government data assets.
       ``(G) Other elements as required by the guidance issued by 
     the Director under subsection (c).
       ``(b) Public Availability.--The Chief Information Officer 
     of each agency, in coordination with privacy and security 
     officials of the agency, shall use the guidance issued by the 
     Director under section 3562(d) in determining whether to make 
     data assets included in the Enterprise Data Inventory of the 
     agency publicly available in an open format and under an open 
     license.
       ``(c) Guidance for Enterprise Data Inventory.--The Director 
     shall issue guidance for each Enterprise Data Inventory, 
     including a requirement that an Enterprise Data Inventory 
     includes a compilation of metadata about agency data assets.
       ``(d) Availability of Enterprise Data Inventory.--The Chief 
     Information Officer of each agency--
       ``(1) shall make the Enterprise Data Inventory of the 
     agency available to the public on the Federal Data Catalog 
     required under section 3566;
       ``(2) shall ensure that access to the Enterprise Data 
     Inventory of the agency and the data contained therein is 
     consistent with applicable law, regulation, and policy; and
       ``(3) may implement paragraph (1) in a manner that 
     maintains a nonpublic portion of the Enterprise Data 
     Inventory of the agency.
       ``(e) Regular Updates Required.--The Chief Information 
     Officer of each agency shall--
       ``(1) to the extent practicable, complete the Enterprise 
     Data Inventory for the agency not later than 1 year after the 
     date of enactment of this section; and
       ``(2) add additional data assets to the Enterprise Data 
     Inventory for the agency not later than 90 days after the 
     date on which the data asset is created or identified.
       ``(f) Use of Existing Resources.--When practicable, the 
     Chief Information Officer of each agency shall use existing 
     procedures and systems to compile and publish the Enterprise 
     Data Inventory for the agency.

     ``Sec. 3564. Federal agency responsibilities

       ``(a) Information Resources Management.--With respect to 
     general information resources management, each agency shall--
       ``(1) improve the integrity, quality, and utility of 
     information to all users within and outside the agency by--
       ``(A) using open format for any new open Government data 
     asset created or obtained on or after the date that is 1 year 
     after the date of enactment of this section; and
       ``(B) to the extent practicable, encouraging the adoption 
     of open format for all open Government data assets created or 
     obtained before the date described in subparagraph (A); and
       ``(2) in consultation with the Director, develop an open 
     data plan that, at a minimum and to the extent practicable--
       ``(A) requires the agency to develop processes and 
     procedures that--
       ``(i) require each new data collection mechanism to use an 
     open format; and
       ``(ii) allow the agency to collaborate with non-Government 
     entities, researchers, businesses, and private citizens for 
     the purpose of understanding how data users value and use 
     open Government data assets;
       ``(B) identifies and implements methods for collecting and 
     analyzing digital information on data asset usage by users 
     within and outside of the agency, including designating a 
     point of contact within the agency to assist the public and 
     to respond to quality issues, usability issues, 
     recommendations for improvements, and complaints about 
     adherence to open data requirements;
       ``(C) develops and implements a process to evaluate and 
     improve the timeliness, completeness, accuracy, usefulness, 
     and availability of open Government data assets;
       ``(D) requires the agency to update the plan at an interval 
     determined by the Director;
       ``(E) includes requirements for meeting the goals of the 
     agency open data plan including technology, training for 
     employees, and implementing procurement standards, in 
     accordance with existing law, regulation, and policy, that 
     allow for the acquisition of innovative solutions from the 
     public and private sectors; and
       ``(F) prohibits the disclosure of data assets unless the 
     data asset may be released to the public in accordance with 
     guidance issued by the Director under section 3562(d).
       ``(b) Information Dissemination.--With respect to 
     information dissemination, each agency--
       ``(1) shall provide access to open Government data assets 
     online;
       ``(2) shall take the necessary precautions to ensure that 
     the agency maintains the production and publication of data 
     assets which are directly related to activities that protect 
     the safety of human life or property, as identified by the 
     open data plan of the agency required under subsection 
     (a)(2); and
       ``(3) may engage the public in using open Government data 
     assets and encourage collaboration by--
       ``(A) publishing information on open Government data assets 
     usage in regular, timely intervals, but not less frequently 
     than annually;
       ``(B) receiving public input regarding priorities for the 
     analysis and disclosure of data assets to be published;
       ``(C) assisting civil society groups and members of the 
     public working to expand the use of open Government data 
     assets; and
       ``(D) hosting challenges, competitions, events, or other 
     initiatives designed to create additional value from open 
     Government data assets.

     ``Sec. 3565. Additional agency data asset management 
       responsibilities

       ``The Chief Information Officer of each agency, or other 
     appropriate official designated by the head of an agency, in 
     collaboration with other internal agency stakeholders, is 
     responsible for--
       ``(1) data asset management, format standardization, 
     sharing of data assets, and publication of data assets for 
     the agency;
       ``(2) the compilation and publication of the Enterprise 
     Data Inventory for the agency required under section 3563;
       ``(3) ensuring that agency data conforms with open data 
     best practices;
       ``(4) engaging agency employees, the public, and 
     contractors in using open Government data assets and 
     encouraging collaborative approaches to improving data use;
       ``(5) supporting the agency Performance Improvement Officer 
     in generating data to support the function of the Performance 
     Improvement Officer described in section 1124(a)(2) of title 
     31;
       ``(6) supporting officials responsible for leading agency 
     mission areas and Governmentwide initiatives in maximizing 
     data available for program administration, statistics, 
     evaluation, research, and internal financial management, 
     subject to any privacy, confidentiality, security laws and 
     policies, and other valid restrictions;
       ``(7) reviewing the information technology infrastructure 
     of the agency and the impact of the infrastructure on making 
     data assets accessible to reduce barriers that inhibit data 
     asset accessibility;

[[Page S4477]]

       ``(8) ensuring that, to the extent practicable, the agency 
     is maximizing data assets used in agency information systems 
     generated by applications, devices, networks, facilities, and 
     equipment, categorized by source type, and such use is not 
     otherwise prohibited, to reduce costs, improve operations, 
     and strengthen security and privacy protections; and
       ``(9) identifying points of contact for roles and 
     responsibilities related to open data use and implementation 
     as required by the Director.

     ``Sec. 3566. Federal Data Catalog

       ``(a) Federal Data Catalog Required.--The Administrator of 
     General Services shall maintain a single public interface 
     online, to be known as the `Federal Data Catalog', as a point 
     of entry dedicated to sharing open Government data assets 
     with the public.
       ``(b) Coordination With Agencies.--The Director shall 
     determine, after consultation with the head of each agency 
     and the Administrator of General Services, the method to 
     access any open Government data assets published through the 
     interface described in subsection (a).''.
       (2) Special provisions.--
       (A) Effective date.--Notwithstanding subsection (i), 
     section 3562 of title 44, United States Code, as added by 
     paragraph (1), shall take effect on the date that is 1 year 
     after the date of enactment of this Act and shall apply with 
     respect to any contract entered into by an agency on or after 
     such effective date.
       (B) Use of open data assets.--Not later than 1 year after 
     the date of enactment of this Act, the head of each agency 
     shall ensure that any activities by the agency or any new 
     contract entered into by the agency meet the requirements of 
     section 3562 of title 44, United States Code, as added by 
     paragraph (1).
       (C) Deadline for federal data catalog.--Not later than 180 
     days after the effective date of this section, the 
     Administrator of General Services shall meet the requirements 
     of section 3566 of title 44, United States Code, as added by 
     paragraph (1)
       (3) Technical and conforming amendment.--The table of 
     sections for chapter 35 of title 44, United States Code, is 
     amended by adding at the end the following:

                 ``subchapter iii--open government data

``3561. Definitions.
``3562. Requirements for Government data.
``3563. Enterprise Data Inventory.
``3564. Federal agency responsibilities.
``3565. Additional agency data asset management responsibilities.
``3566. Federal Data Catalog.''.
       (d) Evaluation of Agency Analytical Capabilities.--
       (1) Agency review of evaluation and analysis capabilities; 
     report.--Not later than 3 years after the date of enactment 
     of this Act, the Chief Operating Officer of each agency shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Oversight and 
     Government Reform of the House of Representatives, and the 
     Director of the Office of Management and Budget a report on 
     the review described in paragraph (2).
       (2) Requirements of agency review.--The report required 
     under paragraph (1) shall assess the coverage, quality, 
     methods, effectiveness, and independence of the evaluation, 
     research, and analysis efforts of an agency, including each 
     of the following:
       (A) A list of the activities and operations of the agency 
     that are being evaluated and analyzed and the activities and 
     operations that have been evaluated and analyzed during the 
     previous 5 years.
       (B) The extent to which the evaluations, research, and 
     analysis efforts and related activities of the agency support 
     the needs of various divisions within the agency.
       (C) The extent to which the evaluation research and 
     analysis efforts and related activities of the agency address 
     an appropriate balance between needs related to 
     organizational learning, ongoing program management, 
     performance management, strategic management, interagency and 
     private sector coordination, internal and external oversight, 
     and accountability.
       (D) The extent to which the agency uses methods and 
     combinations of methods that are appropriate to agency 
     divisions and the corresponding research questions being 
     addressed, including an appropriate combination of formative 
     and summative evaluation research and analysis approaches.
       (E) The extent to which evaluation and research capacity is 
     present within the agency to include personnel, agency 
     process for planning and implementing evaluation activities, 
     disseminating best practices and findings, and incorporating 
     employee views and feedback.
       (F) The extent to which the agency has the capacity to 
     assist front-line staff and program offices to develop the 
     capacity to use evaluation research and analysis approaches 
     and data in the day-to-day operations.
       (3) GAO review of agency reports.--Not later than 4 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report that summarizes agency findings and highlights trends 
     from the reports submitted under paragraph (1) and, if 
     appropriate, recommends actions to further improve agency 
     capacity to use evaluation techniques and data to support 
     evaluation efforts.
       (e) Online Repository and Additional Reports.--
       (1) Repository.--The Director of the Office of Management 
     and Budget shall collaborate with the Office of Government 
     Information Services and the Administrator of General 
     Services to develop and maintain an online repository of 
     tools, best practices, and schema standards to facilitate the 
     adoption of open data practices, which shall--
       (A) include definitions, regulation and policy, checklists, 
     and case studies related to open data, this section, and the 
     amendments made by this section; and
       (B) facilitate collaboration and the adoption of best 
     practices across the Federal Government relating to the 
     adoption of open data practices.
       (2) GAO report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report that identifies--
       (A) the value of information made available to the public 
     as a result of this section and the amendments made by this 
     section;
       (B) whether it is valuable to expand the publicly available 
     information to any other data assets; and
       (C) the completeness of the Enterprise Data Inventory at 
     each agency required under section 3563 of title 44, United 
     States Code, as added by subsection (c).
       (3) Biennial omb report.--Not later than 1 year after the 
     effective date of this section, and every 2 years thereafter, 
     the Director of the Office of Management and Budget shall 
     electronically publish a report on agency performance and 
     compliance with this section and the amendments made by this 
     section.
       (4) Agency cio report.--Not later than 1 year after the 
     effective date of this section and every year thereafter, the 
     Chief Information Officer of each agency shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on compliance with the 
     requirements of this section and the amendments made by this 
     section, including information on the requirements that the 
     agency could not meet and what the agency needs to comply 
     with those requirements.
       (f) Guidance.--The Director of the Office of Management and 
     Budget shall delegate to the Administrator of the Office of 
     Information and Regulatory Affairs and the Administrator of 
     the Office of Electronic Government the authority to jointly 
     issue guidance required under this section.
       (g) National Security Systems.--This section and the 
     amendments made by this section shall not apply to data 
     assets that are contained in a national security system, as 
     defined in section 11103 of title 40, United States Code.
       (h) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, shall be construed to 
     require the disclosure of information or records that may be 
     withheld from public disclosure under any provision of 
     Federal law, including section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'') 
     and section 552a of title 5, United States Code (commonly 
     known as the ``Privacy Act of 1974'').
       (i) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on the date that is 180 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 492. Mr. SCHATZ (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. REVIEW OF DISCHARGE CHARACTERIZATION OF FORMER 
                   MEMBERS OF THE ARMED FORCES WHO WERE DISCHARGED 
                   BY REASON OF THE SEXUAL ORIENTATION.

       (a) In General.--In accordance with this section, the 
     appropriate discharge boards--
       (1) shall review the discharge characterization of covered 
     members at the request of the covered member; and
       (2) if such characterization is any characterization except 
     honorable, may change such characterization to honorable.
       (b) Criteria.--In changing the discharge characterization 
     of a covered member to honorable under subsection (a)(2), the 
     Secretary of Defense shall ensure that such changes are 
     carried out consistently and uniformly across the military 
     departments using the following criteria:
       (1) The original discharge must be based on Don't Ask Don't 
     Tell (in this Act referred to as ``DADT'') or a similar 
     policy in place prior to the enactment of DADT.
       (2) Such discharge characterization shall be so changed if, 
     with respect to the original discharge, there were no 
     aggravating circumstances, such as misconduct, that would 
     have independently led to a discharge characterization that 
     was any characterization except honorable. For purposes of 
     this paragraph, such aggravating circumstances may not 
     include--

[[Page S4478]]

       (A) an offense under section 925 of title 10, United States 
     Code (article 125 of the Uniform Code of Military Justice), 
     committed by a covered member against a person of the same 
     sex with the consent of such person; or
       (B) statements, consensual sexual conduct, or consensual 
     acts relating to sexual orientation or identity, or the 
     disclosure of such statements, conduct, or acts, that were 
     prohibited at the time of discharge but after the date of 
     such discharge became permitted.
       (3) When requesting a review, a covered member, or the 
     member's representative, shall be required to provide 
     either--
       (A) documents consisting of--
       (i) a copy of the DD-214 form of the member;
       (ii) a personal affidavit of the circumstances surrounding 
     the discharge; and
       (iii) any relevant records pertaining to the discharge; or
       (B) an affidavit certifying that the member, or the 
     member's representative, does not have the documents 
     specified in subparagraph (A).
       (4) If a covered member provides an affidavit described in 
     subparagraph (B) of paragraph (3)--
       (A) the appropriate discharge board shall make every effort 
     to locate the documents specified in subparagraph (A) of such 
     paragraph within the records of the Department of Defense; 
     and
       (B) the absence of such documents may not be considered a 
     reason to deny a change of the discharge characterization 
     under subsection (a)(2).
       (c) Request for Review.--The appropriate discharge board 
     shall ensure the mechanism by which covered members, or their 
     representative, may request to have the discharge 
     characterization of the covered member reviewed under this 
     section is simple and straightforward.
       (d) Review.--
       (1) In general.--After a request described in subsection 
     (c) has been made, the appropriate discharge board shall 
     review all relevant laws, records of oral testimony 
     previously taken, service records, or any other relevant 
     information regarding the discharge characterization of the 
     covered member.
       (2) Additional materials.--If additional materials are 
     necessary for the review, the appropriate discharge board--
       (A) may request additional information from the covered 
     member or the member's representative, in writing, and 
     specifically detailing what is being requested; and
       (B) shall be responsible for obtaining a copy of the 
     necessary files of the covered member from the member, or 
     when applicable, from the Department of Defense.
       (e) Change of Characterization.--The appropriate discharge 
     board shall change the discharge characterization of a 
     covered member to honorable if such change is determined to 
     be appropriate after a review is conducted under subsection 
     (d) pursuant to the criteria under subsection (b). A covered 
     member, or the member's representative, may appeal a decision 
     by the appropriate discharge board to not change the 
     discharge characterization by using the regular appeals 
     process of the board.
       (f) Change of Records.--For each covered member whose 
     discharge characterization is changed under subsection (e), 
     or for each covered member who was honorably discharged but 
     whose DD-214 form reflects the sexual orientation of the 
     member, the Secretary of Defense shall reissue to the member 
     or the member's representative a revised DD-214 form that 
     reflects the following:
       (1) For each covered member discharged, the Separation 
     Code, Reentry Code, Narrative Code, and Separation Authority 
     shall not reflect the sexual orientation of the member and 
     shall be placed under secretarial authority. Any other 
     similar indication of the sexual orientation or reason for 
     discharge shall be removed or changed accordingly to be 
     consistent with this paragraph.
       (2) For each covered member whose discharge occurred prior 
     to the creation of general secretarial authority, the 
     sections of the DD-214 form referred to paragraph (1) shall 
     be changed to similarly reflect a universal authority with 
     codes, authorities, and language applicable at the time of 
     discharge.
       (g) Status.--
       (1) In general.--Each covered member whose discharge 
     characterization is changed under subsection (e) shall be 
     treated without regard to the original discharge 
     characterization of the member, including for purposes of--
       (A) benefits provided by the Federal Government to an 
     individual by reason of service in the Armed Forces; and
       (B) all recognitions and honors that the Secretary of 
     Defense provides to members of the Armed Forces.
       (2) Reinstatement.--In carrying out paragraph (1)(B), the 
     Secretary shall reinstate all recognitions and honors of a 
     covered member whose discharge characterization is changed 
     under subsection (e) that the Secretary withheld because of 
     the original discharge characterization of the member.
       (h) Definitions.--In this section:
       (1) The term ``appropriate discharge board'' means the 
     boards for correction of military records under section 1552 
     of title 10, United States Code, or the discharge review 
     boards under section 1553 of such title, as the case may be.
       (2) The term ``covered member'' means any former member of 
     the Armed Forces who was discharged from the Armed Forces 
     because of the sexual orientation of the member.
       (3) The term ``discharge characterization'' means the 
     characterization under which a member of the Armed Forces is 
     discharged or released, including ``dishonorable'', 
     ``general'', ``other than honorable'', and ``honorable''.
       (4) The term ``Don't Ask Don't Tell'' means section 654 of 
     title 10, United States Code, as in effect before such 
     section was repealed pursuant to the Don't Ask, Don't Tell 
     Repeal Act of 2010 (Public Law 111-321).
       (5) The term ``representative'' means the surviving spouse, 
     next of kin, or legal representative of a covered member.
       (i) Reports.--
       (1) Review.--The Secretary of Defense shall conduct a 
     review of the consistency and uniformity of the reviews 
     conducted under this section.
       (2) Reports.--Not later than 270 days after the date of the 
     enactment of this Act, and each year thereafter for a four-
     year period, the Secretary shall submit to Congress a report 
     on the reviews under paragraph (1). Such reports shall 
     include any comments or recommendations for continued 
     actions.
       (j) Historical Review.--The Secretary of each military 
     department shall ensure that oral historians of the 
     department--
       (1) review the facts and circumstances surrounding the 
     estimated 100,000 members of the Armed Forces discharged from 
     the Armed Forces between World War II and September 2011 
     because of the sexual orientation of the member; and
       (2) receive oral testimony of individuals who personally 
     experienced discrimination and discharge because of the 
     actual or perceived sexual orientation of the individual so 
     that such testimony may serve as an official record of these 
     discriminatory policies and their impact on American lives.
                                 ______
                                 
  SA 493. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 563. ELIGIBILITY AND PRIORITY OF CHILDREN FOR MILITARY 
                   CHILD CARE SERVICES.

       (a) Reorganization of Military Child Care Funding 
     Provisions.--Subchapter II of chapter 88 of title 10, United 
     States Code, is amended--
       (1) by transferring section 1793 so as to appear after 
     section 1791; and
       (2) by redesignating such section, as so transferred, as 
     section 1791a.
       (b) Eligibility and Priority.--
       (1) In general.--Subchapter II of such chapter is further 
     amended by inserting after section 1792 the following new 
     section 1793:

     ``Sec. 1793. Child care services: eligibility and priority 
       for services of eligible children; services and youth 
       program services for children and youth otherwise 
       ineligible

       ``(a) Eligibility on Full-time Basis.--Children are 
     eligible for child care services at military child 
     development centers on a full-time basis as follows:
       ``(1) Children disproportionally affected by military 
     deployment of their parents (to be known as `Priority Group 1 
     Children'), including children as follows:
       ``(A) Children of a member of the armed forces who died in 
     line of duty on active duty.
       ``(B) Children of a member on active duty who previously 
     incurred a wound [or serious injury] in combat in line of 
     duty on active duty.
       ``(C) Children in a single-parent family in which the 
     parent is a regular member of the armed forces.
       ``(D) Children in a dual-parent family in which both 
     parents are regular members of the armed forces.
       ``(2) Children of deployable parents (to be know as 
     `Priority Group 2 Children'), including children as follows:
       ``(A) Children in a dual-parent family in which one of the 
     parents is a regular member of the armed forces.
       ``(B) Children of a member of the Selected Reserve.
       ``(C) Children of an employee of the Department of Defense 
     who is on, or is within 90 days of commencing, an assignment 
     overseas.
       ``(3) Children of parents who support Department of Defense 
     missions (to be known as `Priority Group 3 Children'), 
     including children as follows:
       ``(A) Children of a member of the Individual Ready Reserve.
       ``(B) Children of an employee of the Department of Defense 
     (other than an employee described in paragraph (2)(C)), 
     including children of an employee of a non-appropriated fund 
     instrumentality (NAFI) or otherwise paid for with non-
     appropriated funds.
       ``(4) Children of other parents (to be known as `Priority 
     Group 4 Children'), including children as follows:
       ``(A) Children of a member or former member of the armed 
     forces who is in receipt of, or eligible for receipt of, 
     retired or retainer pay.
       ``(B) Children of an employee of the Federal Government 
     with a department or agency other than the Department of 
     Defense.

[[Page S4479]]

       ``(C) Children of a contractor employee of the Department 
     who is otherwise eligible for child care services under this 
     subchapter.
       ``(b) Priority of Eligibility.--
       ``(1) In general.--Priority of eligibility under subsection 
     (a) shall be in the order of the paragraphs set forth under 
     that subsection, with actual eligibility for child care 
     services at any particular military child development center 
     dependent on the availability of space and resources at such 
     center.
       ``(2) Construction of multiple priorities.--If a child has 
     a priority of eligibility under subsection (a) under more 
     than one paragraph, the child's priority of eligibility under 
     that subsection shall be the higher priority of eligibility 
     under that subsection.
       ``(d) Regulations.--This section shall be administered in 
     accordance with regulations prescribed by the Secretary of 
     Defense for purposes of this section. The regulations shall 
     take into account the objective that the priority of 
     eligibility established by subsection (a) is intended to 
     support the policy and plans for the Department of Defense 
     for the support of military family readiness developed 
     pursuant to section 1781b of this title.''.
       (2) Preservation of existing eligibility and priority.--
     Nothing in the amendment made by paragraph (1) may be 
     construed as terminating, altering, or impairing the 
     eligibility or priority for child care services at military 
     child development centers of any military family in receipt 
     of such services at such a center as of the date of the 
     enactment of this Act for so long after such date as such 
     military family remains in receipt of such services at such 
     center without interruption.
       (c) Restatement in Authority on Eligibility and Priority of 
     Authority for Provision of Child Care and Youth Program 
     Services to Children and Youth Otherwise Ineligible.--
       (1) In general.--Section 1793 of title 10, United States 
     Code, as amended by subsection (b) of this section, is 
     further amended by inserting after subsection (b) the 
     following new subsection (c):
       ``(c) Child Care and Youth Program Services for Children 
     and Youth Otherwise Ineligible.--
       ``(1) Authority.--The Secretary of Defense may authorize 
     participation in child care or youth programs of the 
     Department of Defense, to the extent of the availability of 
     space and services, by children and youth under the age of 19 
     who are not dependents of members of the armed forces or of 
     employees of the Department of Defense and are not otherwise 
     eligible for participation in those programs.
       ``(2) Limitation.--Authorization of participation in a 
     program under paragraph (1) shall be limited to situations in 
     which that participation promotes the attainment of the 
     objectives set forth in paragraph (3), as determined by the 
     Secretary.
       ``(3) Objectives.--The objectives for authorizing 
     participation in a program under paragraph (1) are as 
     follows:
       ``(A) To support the integration of children and youth of 
     military families into civilian communities.
       ``(B) To make more efficient use of Department of Defense 
     facilities and resources.
       ``(C) To establish or support a partnership or consortium 
     arrangement with schools and other youth services 
     organizations serving children of members of the armed 
     forces.''.
       (2) Repeal of superseded authority.--Section 1799 of such 
     title is repealed.
       (d) Clerical Amendments.--The table of sections at the 
     beginning of subchapter II of chapter 88 of such title is 
     amended--
       (1) by inserting after the item relating to section 1791 
     the following new item:

``1791a. Parent fees.'';
       (2) by striking the item relating to section 1793 and 
     inserting the following new item:

``1793. Child care services: eligibility and priority for services of 
              eligible children; services and youth program services 
              for children and youth otherwise ineligible.''; and
       (3) by striking the item relating to section 1799.
                                 ______
                                 
  SA 494. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XXVIII, insert the 
     following:

     SEC. __. TECHNICAL CORRECTION TO WITHDRAWAL AND RESERVATION 
                   OF PUBLIC LAND AUTHORITY, LIMESTONE HILLS 
                   TRAINING AREA, MONTANA.

       Section 2931(b) of the Military Construction Authorization 
     Act for Fiscal Year 2014 (division B of Public Law 113-66; 
     127 Stat. 1031) is amended by striking ``18,644 acres in 
     Broadwater County, Montana, generally depicted as `Proposed 
     Land Withdrawal' on the map entitled `Limestone Hills 
     Training Area Land Withdrawal', dated April 10, 2013'' and 
     inserting ``18,964 acres in Broadwater County, Montana, 
     generally depicted as `Limestone Hills Training Area Land 
     Withdrawal' on the map entitled `Limestone Hills Training 
     Area Land Withdrawal', dated May 11, 2017''.
                                 ______
                                 
  SA 495. Mr. THUNE (for himself, Mr. Sullivan, and Mr. Wicker) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, 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; which was ordered to lie on the table; as follows:

       After title XXXV, insert the following:

                        TITLE XXXVI--COAST GUARD

     SEC. 3601. CERTAIN DELAYED EFFECTIVE DATES.

       The amendments made by section 3626 shall take effect on 
     January 1, 2018.

                       Subtitle A--Authorizations

     SEC. 3611. AUTHORIZATION OF APPROPRIATIONS.

       Section 2702 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 2702. Authorization of appropriations

       ``Funds are authorized to be appropriated for each of 
     fiscal years 2018 and 2019 for necessary expenses of the 
     Coast Guard as follows:
       ``(1) For the operation and maintenance of the Coast Guard, 
     not otherwise provided for--
       ``(A) $7,300,000,000 for fiscal year 2018; and
       ``(B) $7,592,000,000 for fiscal year 2019.
       ``(2) For the acquisition, construction, renovation, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, and for maintenance, rehabilitation, lease, 
     and operation of facilities and equipment--
       ``(A) $1,985,845,000 for fiscal year 2018, to remain 
     available through September 30, 2022; and
       ``(B) $2,027,547,745 for fiscal year 2019, to remain 
     available through September 30, 2023.
       ``(3) For the Coast Guard Reserve program, including 
     operations and maintenance of the program, personnel and 
     training costs, equipment, and services--
       ``(A) $142,956,336 for fiscal year 2018; and
       ``(B) $145,958,419 for fiscal year 2019.
       ``(4) For the environmental compliance and restoration of 
     the Coast Guard under chapter 19 of this title--
       ``(A) $17,051,721 for fiscal year 2018, to remain available 
     through September 30, 2022; and
       ``(B) $17,409,807 for fiscal year 2019, to remain available 
     through September 20, 2023.
       ``(5) To the Commandant of the Coast Guard for research, 
     development, test, and evaluation of technologies, materials, 
     and human factors directly related to improving the 
     performance of the Coast Guard's mission with respect to 
     search and rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, and for maintenance, rehabilitation, lease, and 
     operation of facilities and equipment--
       ``(A) $20,307,690 for fiscal year 2018; and
       ``(B) $20,734,151 for fiscal year 2019.''.

     SEC. 3612. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       Section 2704 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 2704. Authorized levels of military strength and 
       training

       ``(a) Active Duty Strength.--The Coast Guard is authorized 
     an end-of-year strength for active duty personnel of 43,000 
     for each of fiscal years 2018 and 2019.
       ``(b) Military Training Student Loads.--The Coast Guard is 
     authorized average military training student loads for each 
     of fiscal years 2018 and 2019 as follows:
       ``(1) For recruit and special training, 2,500 student 
     years.
       ``(2) For flight training, 165 student years.
       ``(3) For professional training in military and civilian 
     institutions, 350 student years.
       ``(4) For officer acquisition, 1,200 student years.''.

                        Subtitle B--Coast Guard

     SEC. 3621. PRIMARY DUTIES.

       Section 2(7) of title 14, United States Code, is amended by 
     striking ``including the fulfillment of Maritime Defense Zone 
     command responsibilities'' and inserting ``and at all times 
     assist in the defense of the United States''.

     SEC. 3622. TRAINING; EMERGENCY RESPONSE PROVIDERS.

       (a) In General.--Chapter 7 of title 14, United States Code, 
     is amended by inserting after section 141 the following:

     ``Sec. 141a. Training; emergency response providers

       ``(a) In General.--The Commandant (or the Commandant's 
     designee) may, on a reimbursable or a nonreimbursable basis, 
     make training available to emergency response providers 
     whenever the Commandant (or the Commandant's designee) 
     determines that--
       ``(1) a member of the Coast Guard, who was scheduled to 
     participate in such training, is unable or unavailable to 
     participate in such training;
       ``(2) no other member of the Coast Guard, who is assigned 
     to the unit to which the member of the Coast Guard described 
     in paragraph (1), is able or available to participate in such 
     training; and
       ``(3) such training, if made available to emergency 
     response providers, would further

[[Page S4480]]

     the goal of interoperability among Federal agencies, non-
     Federal governmental agencies, or both.
       ``(b) Definition of Emergency Response Provider.--In this 
     section, the term `emergency response provider' has the 
     meaning given the term in section 101 of title 6.
       ``(c) Treatment of Reimbursement.--Any reimbursement for 
     training that the Coast Guard receives under this section 
     shall be credited to the appropriation used to pay the costs 
     for such training.
       ``(d) Status; Limitation on Liability.--
       ``(1) Status.--Any individual to whom, as an emergency 
     response provider, training is made available under this 
     section shall not be considered a Federal employee for any 
     purpose, including the purposes of--
       ``(A) chapter 81 of title 5 (relating to compensation for 
     injury); or
       ``(B) sections 2671 through 2680 of title 28 (relating to 
     tort claims).
       ``(2) Limitation on liability.--The individual described in 
     paragraph (1) or that individual's employer shall be liable 
     for any claim arising out of such training.''.
       (b) Table of Contents.--The table of contents of chapter 7 
     of title 14, United States Code, is amended by inserting 
     after the item relating to section 141 the following:

``141a. Training; emergency response providers.''.

     SEC. 3623. COMMISSIONED SERVICE RETIREMENT.

       Section 291 of title 14, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Any 
     regular'' and indenting appropriately;
       (2) in subsection (a), as designated--
       (A) by inserting ``of the Coast Guard'' after ``officer''; 
     and
       (B) by striking ``President'' and inserting ``Secretary''; 
     and
       (3) by adding at the end the following:
       ``(b) Active Commissioned Service.--The Secretary may 
     authorize the Commandant, through fiscal year 2019, to reduce 
     the requirement under subsection (a) for at least ten years 
     of active service as a commissioned officer to a period of 
     not less than eight years.''.

     SEC. 3624. OFFICER PROMOTION ZONES.

       Section 256(a) of title 14, United States Code, is amended 
     by striking ``six-tenths'' and inserting ``one-half''.

     SEC. 3625. OFFICER EVALUATION REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall reduce lieutenant junior grade evaluation reports to 
     the same length as an ensign or place lieutenant junior grade 
     evaluations on an annual schedule.
       (b) Board Survey.--The Commandant of the Coast Guard shall 
     survey outgoing promotion board members and assignment 
     officers to determine, at a minimum--
       (1) which sections of the officer evaluation report were 
     most useful;
       (2) which sections of the officer evaluation report were 
     least useful;
       (3) how to better reflect high performers; and
       (4) any recommendations for improving the officer 
     evaluation report.
       (c) Survey of Officers.--The Commandant of the Coast Guard 
     shall conduct a survey on the officer evaluation report to--
       (1) cover at least 10 percent of the officers from each 
     grade of officers from O1 to O6; and
       (2) determine how much time each member of the rating chain 
     spends on that member's portion of the officer evaluation 
     report.
       (d) Revisions.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall revise the officer evaluation report, and providing 
     corresponding directions, taking into account the 
     requirements under paragraph (2).
       (2) Requirements.--In revising the officer evaluation 
     report under paragraph (1), the Commandant shall--
       (A) consider the findings of the surveys under subsections 
     (b) and (c);
       (B) improve administrative efficiency;
       (C) reduce and streamline performance dimensions and 
     narrative text;
       (D) eliminate redundancy with the officer specialty 
     management system and any other record information systems 
     that are used during the officer assignment or promotion 
     process;
       (E) provide for fairness and equity for Coast Guard 
     officers with regard to promotion boards, selection panels, 
     and the assignment process; and
       (F) ensure officer evaluation responsibilities can be 
     accomplished within normal working hours--
       (i) to minimize any impact to officer duties; and
       (ii) to eliminate any need for an officer to take liberty 
     or leave for administrative purposes.
       (e) Report.--
       (1) In general.--Not later than 545 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report--
       (A) on the findings of the survey under subsection (b); and
       (B) on the findings of the survey under subsection (c).
       (2) Format.--The report under paragraph (1) shall be 
     formatted by each rank, type of board, and position, as 
     applicable.

     SEC. 3626. REGULAR CAPTAINS; RETIREMENT.

       Section 288(a) of title 14, United States Code, is 
     amended--
       (1) by striking ``zone is'' and inserting ``zone, or from 
     being placed at the top of the list of selectees promulgated 
     by the Secretary under section 271(a) of this title, is''; 
     and
       (2) by striking the period at the end and inserting ``or 
     from being placed at the top of the list of selectees, as 
     applicable.''.

     SEC. 3627. INCLUSION OF VESSEL FOR INVESTIGATION PURPOSES.

       (a) In General.--Section 678 of title 14, United States 
     Code, is amended by inserting ``or vessel'' after 
     ``aircraft'' each place it appears.
       (b) Technical and Conforming Amendments.--Chapter 17 of 
     title 14, United States Code, is amended--
       (1) in the table of contents of chapter 17, by inserting 
     ``and vessel'' after ``Aircraft'' in the item relating to 
     section 678; and
       (2) in the heading for section 678, by inserting ``and 
     vessel'' after ``Aircraft''.

     SEC. 3628. LEAVE FOR THE BIRTH OR ADOPTION OF A CHILD.

       Section 431 of title 14, United States Code, is amended--
       (1) by striking ``Not later than 1 year'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     not later than 1 year''; and
       (2) by adding at the end the following:
       ``(b) Leave Associated With the Birth or Adoption of a 
     Child.--Notwithstanding section 701 of title 10 or any other 
     provision of law, the Secretary of the department in which 
     the Coast Guard is operating shall ensure that any rule, 
     policy, or memorandum that provides leave associated with the 
     birth or adoption of a child to an officer or enlisted member 
     of the Coast Guard permits, for not later than 1 year after 
     the date of such birth or adoption and at the discretion of 
     the Commanding Officer--
       ``(1) the officer or member, as applicable, to take such 
     leave in increments; and
       ``(2) flexible work schedules (as defined in regulation 
     promulgated by the Secretary) for the officer or member, as 
     applicable, until all such leave is expended.''.

     SEC. 3629. AVIATION CADETS; APPOINTMENT AS RESERVE OFFICERS; 
                   CROSS REFERENCE.

       Section 373(a) of title 14, United States Code, is amended 
     by inserting ``designated under section 371'' after 
     ``cadet''.

     SEC. 3630. CLOTHING AT TIME OF DISCHARGE FOR GOOD OF SERVICE; 
                   REPEAL.

       Section 482 of title 14, United States Code, and the item 
     relating to that section in the table of contents of chapter 
     13 of that title, are repealed.

     SEC. 3631. MULTIYEAR CONTRACTS.

       The Secretary is authorized to enter into a multiyear 
     contract for the procurement of a tenth, eleventh, and 
     twelfth National Security Cutter and associated government-
     furnished equipment.

     SEC. 3632. COAST GUARD ROTC PROGRAM.

       Not later than 1 year after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the costs and 
     benefits of creating a Coast Guard Reserve Officers' Training 
     Corps Program based on the other armed forces programs.

     SEC. 3633. NATIONAL COAST GUARD MUSEUM.

       Subsection (b) of section 98 of title 14, United States 
     Code, is amended to read as follows:
       ``(b) Expenditures.--The Secretary shall fund the operation 
     and maintenance of the National Coast Guard Museum with 
     nonappropriated and non-Federal funds to the maximum extent 
     practicable. The priority use of Federal operation and 
     maintenance funds should be to preserve and protect historic 
     Coast Guard artifacts, including the design, fabrication, and 
     installation of exhibits or displays in which such artifacts 
     are included.''.

     SEC. 3634. POLAR ICEBREAKERS.

       (a) Rolling Recapitalization Report for the POLAR STAR.--
       (1) Requirement for report.--The Secretary of the 
     department in which the Coast Guard is operating, in 
     consultation with Naval Sea Systems Command, shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a detailed report describing 
     a plan to extend the service life of the Coast Guard Cutter 
     POLAR STAR (WAGB-10) under a rolling recapitalization plan 
     for 7 to 10 years.
       (2) Content.--The report required by paragraph (1) shall 
     include the following:
       (A) Based upon a materiel condition assessment of the Coast 
     Guard Cutter POLAR STAR (WAGB-10)--
       (i) a description of the service life extension needs of 
     the vessel;
       (ii) detailed information regarding planned shipyard work 
     for each fiscal year to meet such needs; and
       (iii) an estimate of the specific amount needed to be 
     appropriated to complete the rolling recapitalization of the 
     vessel.
       (B) A plan to ensure the vessel will maintain seasonally 
     operational status during the rolling recapitalization.
       (b) Authorization of Appropriations.--The Commandant of the 
     Coast Guard may

[[Page S4481]]

     use funds made available pursuant to section 2702(2) of title 
     14, United States Code, as amended by section 3611 of this 
     Act, for the rolling recapitalization described in the report 
     required by subsection (a).

     SEC. 3635. GREAT LAKES ICEBREAKER ACQUISITION.

       (a) Icebreaking on the Great Lakes.--For fiscal years 2018 
     and 2019, the Commandant of the Coast Guard may use funds 
     made available pursuant to section 2702(2) of title 14, 
     United States Code, as amended by section 3611 of this Act, 
     for the selection of a design for, and the construction of, 
     an icebreaker that is at least as capable as the Coast Guard 
     Cutter Mackinaw to enhance icebreaking capacity on the Great 
     Lakes.
       (b) Initial Survey and Design Work.--The Commandant of the 
     Coast Guard shall commence initial survey and design work 
     associated with the acquisition of a new Coast Guard 
     icebreaker that is at least as capable as the Coast Guard 
     Cutter Mackinaw to enhance icebreaking capacity on the Great 
     Lakes.
       (c) Acquisition Plan.--Not later than 45 days after the 
     date of enactment of this Act, the Commandant shall submit a 
     plan to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives for acquiring an icebreaker described in 
     subsections (a) and (b). Such plan shall include--
       (1) the details and schedule of the acquisition activities 
     to be completed; and
       (2) a description of how the funding for Coast Guard 
     acquisition, construction, and improvements that was 
     appropriated under the Consolidated Appropriations Act of 
     2017 (Public Law 115-31) will be allocated to support the 
     acquisition activities referred to in paragraph (1).

                       Subtitle C--Marine Safety

     SEC. 3641. COAST GUARD ADVISORY COMMITTEES.

       (a) Establishment.--Subtitle I of title 46, United States 
     Code, is amended by adding at the end the following:

              ``CHAPTER 7--COAST GUARD ADVISORY COMMITTEES

``Sec. ................................................................

``701. Administration.
``702. Chemical Transportation Advisory Committee.
``703. Commercial Fishing Safety Advisory Committee.
``704. Great Lakes Pilotage Advisory Committee.
``705. Lower Mississippi River Waterway Safety Advisory Committee.
``706. Merchant Marine Personnel Advisory Committee.
``707. Merchant Mariner Medical Advisory Committee.
``708. National Boating Safety Advisory Council.
``709. National Maritime Security Advisory Committee.
``710. National Offshore Safety Advisory Committee.
``711. Navigation Safety Advisory Council.
``712. Towing Safety Advisory Committee.

     ``Sec. 701. Administration

       ``(a) Employee Status.--A member of an advisory committee 
     or advisory council established under this chapter shall not 
     be considered an employee of the Federal Government by reason 
     of service on such committee or council, except for the 
     purposes of the following provisions of law:
       ``(1) Section 5703 of title 5 (relating to travel 
     expenses).
       ``(2) Chapter 81 of title 5 (relating to compensation for 
     work injuries).
       ``(3) Chapter 171 of title 28 and any other Federal statute 
     relating to tort liability.
       ``(4) If the member is a special Government employee--
       ``(A) chapter 73 of title 5;
       ``(B) sections 201, 202, 203, 205, 207, 208, and 209 of 
     title 18;
       ``(C) the Ethics in Government Act of 1978 (5 U.S.C. App); 
     and
       ``(D) any other provision of law relating to employee 
     conduct, political activities, ethics, conflict of interest, 
     and corruption that applies to a special Government employee.
       ``(b) Compensation.--A member of an advisory committee or 
     advisory council established under this chapter who is not 
     otherwise a Federal employee shall not receive pay by reason 
     of service on such committee or council.
       ``(c) Acceptance of Volunteer Services.--A member of an 
     advisory committee or advisory council established under this 
     chapter may serve on a voluntary basis without pay without 
     regard to section 1342 of title 31 or any other law.

     ``Sec. 702. Chemical Transportation Advisory Committee

       ``(a) Establishment.--There is established a Chemical 
     Transportation Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to the safe and secure 
     marine transportation of hazardous materials.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of not more 
     than 25 members.
       ``(B) Points of view.--Each member of the Committee shall 
     represent the point of view of 1 of the following entities or 
     groups associated with marine transportation of hazardous 
     materials:
       ``(i) Chemical manufacturing.
       ``(ii) Marine handling or transportation of chemicals.
       ``(iii) Vessel design and construction.
       ``(iv) Marine safety or security.
       ``(v) Marine environmental protection.
       ``(C) Needs of the coast guard.--The Commandant (or the 
     Commandant's designee) shall, based on the needs of the Coast 
     Guard, determine the number of members who represent a 
     specific point of view.
       ``(D) Rule of construction.--Neither this subsection nor 
     any other provision of law or policy shall be construed to 
     require an equal distribution of members representing 
     specific points of view among the membership of the 
     Committee.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18, each member of the Committee is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(B) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 703. Commercial Fishing Safety Advisory Committee

       ``(a) Establishment.--There is established a Commercial 
     Fishing Safety Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee)--
       ``(1) shall advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to the 
     safe operation of vessels to which chapter 45 of this title 
     applies, including navigation safety, safety equipment and 
     procedures, marine insurance, vessel design, construction, 
     maintenance and operation, and personnel qualifications and 
     training;
       ``(2) shall review proposed regulations promulgated 
     pursuant to chapter 45 of this title;
       ``(3) shall submit recommendations described in paragraph 
     (1) to the Secretary in writing;
       ``(4) may submit any recommendations described in paragraph 
     (1) at any time and frequency as determined to be appropriate 
     by the Committee;

[[Page S4482]]

       ``(5) shall to review proposed regulations promulgated 
     pursuant to chapter 45 of this title; and
       ``(6) shall make available to Congress any information, 
     advice, and recommendations that the Committee is authorized 
     to give to the Secretary.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 18 
     members.
       ``(B) Experience.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience regarding the 
     commercial fishing industry.
       ``(C) Points of view.--Except as provided in subparagraph 
     (D), a member of the Committee shall represent the point of 
     view of an entity or group, as follows:
       ``(i) 10 members representing the commercial fishing 
     industry who--

       ``(I) reflect a regional and representational balance; and
       ``(II) have experience in the operation of vessels to which 
     chapter 45 of this title applies or as a crew member or 
     processing line worker on a fish processing vessel.

       ``(ii) 1 member representing naval architects or marine 
     engineers.
       ``(iii) 1 member representing manufacturers of equipment 
     for vessels to which chapter 45 of this title applies.
       ``(iv) 1 member representing education or training 
     professionals related to fishing vessel, fish processing 
     vessel, or fish tender vessel safety or personnel 
     qualifications.
       ``(v) 1 member representing underwriters that insure 
     vessels to which chapter 45 of this title applies.
       ``(vi) 1 member representing owners of vessels to which 
     chapter 45 of this title applies.
       ``(D) Exception.--
       ``(i) In general.--Subject to clause (ii), 3 members of the 
     Committee shall represent the general public.
       ``(ii) Experience.--Whenever possible, a member who 
     represents the general public shall be either--

       ``(I) an independent expert or consultant in maritime 
     safety;
       ``(II) a marine surveyor who provides services to vessels 
     to which chapter 45 of this title applies; or
       ``(III) a person familiar with issues affecting fishing 
     communities and families of fishermen.

       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) a member of the Committee, whom the Secretary 
     appoints to represent a point of view of an entity or group 
     under paragraph (2)(C), is hereby deemed a representative of 
     the member's respective special interest entity or group, and 
     not a special Government employee (as defined in section 
     202(a) of title 18); and
       ``(B) a member of the Committee, whom the Secretary may 
     appoint to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(B) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Committee shall elect a Chairperson 
     and Vice Chairperson from among its members.
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Consultation.--The Commandant (or the Commandant's 
     designee) shall, whenever practicable--
       ``(1) consult with the Committee before taking any 
     significant action relating to the safe operation of vessels 
     to which chapter 45 of this title applies;
       ``(2) consider the information, advice, and recommendations 
     of the Committee in consulting with other agencies and the 
     public or in formulating policy regarding the safe operation 
     of vessels to which chapter 45 of this title applies;
       ``(3) make all recommendations made by the Committee in 
     paragraph (b) public and available for comment within 30 days 
     of receiving the recommendation from the Committee;
       ``(4) respond in writing to all public comments made 
     regarding recommendations made by the Committee in paragraph 
     (b);
       ``(5) respond in writing to any recommendations or 
     resolutions made by the Committee in paragraph (b) and 
     provide reasoning for acceptation or rejection to all 
     recommendations within 60 days of receiving the 
     recommendation; and
       ``(6) make all responses in paragraph (5) available to the 
     Congress and the public at the time the response is 
     transmitted.
       ``(e) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 704. Great Lakes Pilotage Advisory Committee

       ``(a) Establishment.--
       ``(1) In general.--The Secretary shall establish a Great 
     Lakes Pilotage Advisory Committee (referred to in this 
     section as the `Committee').
       ``(2) Duties.--The Committee--
       ``(A) may review proposed Great Lakes pilotage regulations 
     and policies and make recommendations to the Secretary that 
     the Committee considers appropriate;
       ``(B) may advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to Great 
     Lakes pilotage;
       ``(C) may make available to the Congress recommendations 
     that the Committee makes to the Secretary; and
       ``(D) shall meet at the call of--
       ``(i) the Secretary, who shall call such a meeting at least 
     once during each calendar year; or
       ``(ii) a majority of the Committee.
       ``(b) Organization.--
       ``(1) In general.--
       ``(A) Membership.--The Committee shall consist of 7 members 
     appointed by the Secretary in accordance with this 
     subsection, each of whom has at least 5 years practical 
     experience in maritime operations.
       ``(B) Term.--The term of each member is for a period of not 
     more than 5 years, specified by the Secretary.
       ``(C) Notice.--Before filling a position on the Committee, 
     the Secretary shall publish a notice in the Federal Register 
     soliciting nominations for membership on the Committee.
       ``(2) Representation.--The membership of the Committee 
     shall include--
       ``(A) the President of each of the 3 Great Lakes pilotage 
     districts, or the President's representative;
       ``(B) 1 member representing the interests of vessel 
     operators that contract for Great Lakes pilotage services;
       ``(C) 1 member representing the interests of Great Lakes 
     ports;
       ``(D) 1 member representing the interests of shippers whose 
     cargoes are transported through Great Lakes ports; and
       ``(E) a member with a background in finance or accounting, 
     who--
       ``(i) must have been recommended to the Secretary by a 
     unanimous vote of the other members of the Committee, and
       ``(ii) may be appointed without regard to requirement in 
     paragraph (1) that each member have 5 years of practical 
     experience in maritime operations.
       ``(c)(1) Chairperson; Vice Chairperson.--The Committee 
     shall elect 1 of its members as the Chairperson and 1 of its 
     members as the Vice Chairperson. The Vice Chairperson shall 
     act as Chairperson in the absence or incapacity of the 
     Chairperson, or in the event of a vacancy in the office of 
     the Chairperson.
       ``(2) Observer.--The Secretary shall, and any other 
     interested agency may, designate a representative to 
     participate as an observer with the Committee. The 
     Secretary's designated representative shall act as the 
     executive secretary of the Committee and shall perform the 
     duties set forth in section 10(c) of the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       ``(d) Recommendations.--
       ``(1) In general.--The Secretary shall, whenever 
     practicable, consult with the Committee before taking any 
     significant action relating to Great Lakes pilotage.
       ``(2) Consideration.--The Secretary shall consider the 
     information, advice, and recommendations of the Committee in 
     formulating policy regarding matters affecting Great Lakes 
     pilotage.
       ``(3) Approval.--Any recommendations to the Secretary under 
     subsection (a)(2)(B) must have been approved by at least all 
     but 1 of the members then serving on the Committee.
       ``(e)(1) Compensation.--Notwithstanding section 701, a 
     member of the Committee,

[[Page S4483]]

     when attending meetings of the Committee or when otherwise 
     engaged in the business of the Committee, is entitled to 
     receive--
       ``(A) compensation at a rate fixed by the Secretary, not 
     exceeding the daily equivalent of the current rate of basic 
     pay in effect for GS-18 of the General Schedule under section 
     5332 of title 5 including travel time; and
       ``(B) travel or transportation expenses under section 5703 
     of title 5.
       ``(2) Employee Status.--Notwithstanding section 701, a 
     member of the Committee shall not be considered to be an 
     officer or employee of the United States for any purpose 
     based on their receipt of any payment under this subsection.
       ``(f) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) applies to the Committee, except that the Committee 
     terminates on September 30, 2020.
       ``(2) Renewal.--2 years before the termination date set 
     forth in paragraph (1) of this subsection, the Committee 
     shall submit to the Congress its recommendation regarding 
     whether the Committee should be renewed and continued beyond 
     the termination date.

     ``Sec. 705. Lower Mississippi River Waterway Safety Advisory 
       Committee

       ``(a) Establishment.--There is established a Lower 
     Mississippi River Waterway Safety Advisory Committee 
     (referred to in this section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to communication, 
     surveillance, traffic management, anchorages, development and 
     operation of New Orleans Vessel Traffic Services, and other 
     related topics dealing with and actions relating to 
     navigational safety on the Lower Mississippi River.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 25 
     members.
       ``(B) Experience.--Each member of the Committee shall have 
     expertise, knowledge, and experience regarding the 
     transportation, equipment, and techniques that are used to 
     ship cargo and to navigate vessels on the Lower Mississippi 
     River and its connecting navigable waterways, including the 
     Gulf of Mexico.
       ``(C) Points of view.--Except as provided in subparagraph 
     (D), each member of the Committee shall represent the point 
     of view of an entity or group, as follows:
       ``(i) 5 members representing River Port Authorities between 
     Baton Rouge, Louisiana, and the head of passes of the Lower 
     Mississippi River, of which--

       ``(I) 1 member shall be from the Port of St. Bernard; and
       ``(II) 1 member from the Port of Plaquemines.

       ``(ii) 2 members representing vessel owners or ship owners 
     domiciled in the State of Louisiana.
       ``(iii) 2 members representing organizations which operate 
     harbor tugs or barge fleets in the geographical area covered 
     by the Committee.
       ``(iv) 2 members representing companies which transport 
     cargo or passengers on the navigable waterways in the 
     geographical area covered by the Committee.
       ``(v) 3 members representing State Commissioned Pilot 
     organizations, with 1 member each representing--

       ``(I) the New Orleans-Baton Rouge Steamship Pilots 
     Association;
       ``(II) the Crescent River Port Pilots Association; and
       ``(III) the Association Branch Pilots.

       ``(vi) 3 members representing consumers, shippers, or 
     importers and exporters that utilize vessels which utilize 
     the navigable waterways covered by the Committee.
       ``(vii) 2 members representing those licensed merchant 
     mariners, other than pilots, who perform shipboard duties on 
     those vessels which utilize navigable waterways covered by 
     the Committee.
       ``(viii) 1 member representing an organization that serves 
     in a consulting or advisory capacity to the maritime 
     industry.
       ``(ix) 1 member representing an environmental organization.
       ``(D) Additional members.--
       ``(i) In general.--4 members of the Committee shall 
     represent the general public.
       ``(ii) Water transportation facilities.--Whenever possible, 
     2 of the 4 members who represent the general public shall be 
     individuals who utilize water transportation facilities 
     located in the geographic area that the Committee covers.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) each member of the Committee, whom the Secretary 
     appoints to represent the point of view of an entity or group 
     set out in paragraph (2)(C), is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18); and
       ``(B) each member of the Committee, whom the Secretary 
     appoints to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extension.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(B) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Consultation.--The Commandant (or the Commandant's 
     designee) shall, whenever practicable, consult with the 
     Committee before taking any significant action relating to 
     navigation safety in the Lower Mississippi River.
       ``(e) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 706. Merchant Marine Personnel Advisory Committee

       ``(a) Establishment.--There is established a Merchant 
     Marine Personnel Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to personnel in the United 
     States merchant marine, including training, qualifications, 
     certification, documentation, and fitness standards.
       ``(c) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(d) Membership.--
       ``(1) In general.--The Committee shall consist of 19 
     members.
       ``(2) Points of view.--Except as provided in subparagraph 
     (C), each member of the Committee shall represent the point 
     of view of an entity or group, as follows:
       ``(A) 9 members representing the interests of mariners--
       ``(i) each of whom--

       ``(I) shall be a citizen of the United States; and
       ``(II) shall hold an active license or certificate issued 
     under chapter 71 of this title or a merchant mariner document 
     issued under chapter 73 of this title; and

       ``(ii) among whom shall be--

       ``(I) 3 deck officers representing the interests of 
     merchant marine deck officers, of whom--

       ``(aa) 2 shall be licensed for oceans any gross tons;
       ``(bb) 1 shall be licensed for inland river route with a 
     limited or unlimited tonnage;
       ``(cc) 2 shall have a master's license or a master of 
     towing vessels license;
       ``(dd) 1 shall have significant tanker experience; and
       ``(ee) to the extent practicable--
       ``(AA) 1 shall represent the interests of labor; and
       ``(BB) 1 shall represent the interests of management;

[[Page S4484]]

       ``(II) 3 engineering officers representing the interests of 
     merchant marine engineering officers, of whom--

       ``(aa) 2 shall be licensed as chief engineer any 
     horsepower;
       ``(bb) 1 shall be licensed as either a limited chief 
     engineer or a designated duty engineer; and
       ``(cc) to the extent practicable--
       ``(AA) 1 shall represent the interests of labor; and

       ``(BB) 1 shall represent the interests of management;
       ``(III) 2 unlicensed seamen, of whom--

       ``(aa) 1 shall represent the interests of able-bodied 
     seamen; and
       ``(bb) 1 shall represent the interests of qualified members 
     of the engine department; and

       ``(IV) 1 pilot representing the interests of merchant 
     marine pilots.

       ``(B) 6 members representing the interests of marine 
     educators--
       ``(i) each of whom shall be a marine educator; and
       ``(ii) among whom shall be--

       ``(I) 3 marine educators who shall represent the interests 
     of maritime academies, including--

       ``(aa) 2 who shall represent the interests of State 
     maritime academies; and
       ``(bb) 1 who shall represent either the viewpoint of the 
     State maritime academies or the United States Merchant Marine 
     Academy; and

       ``(II) 3 marine educators who shall represent the interests 
     of other maritime training institutions, 1 of whom shall 
     represent the interests of the small vessel industry.

       ``(C) 2 members representing the interests of shipping 
     companies employed in ship operation management.
       ``(D) 2 members of the Committee shall represent the 
     general public.
       ``(3) Status of members.--
       ``(A) In general.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(i) a member of the Committee, whom the Secretary 
     appoints to represent the point of view of an entity or group 
     set out in paragraph (2)(B), is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18); and
       ``(ii) a member of the Committee, whom the Secretary 
     appoints to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(B) Rule of construction.--Nothing in this section shall 
     be construed to prohibit the nomination or appointment of a 
     Federal employee to serve as a member of the Committee 
     representing the interests of the United States Merchant 
     Marine Academy.
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointment.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Soliciting nominations.--Notwithstanding 
     subparagraphs (A) and (B), the Secretary may--
       ``(i) with regard to the appointment of a member or members 
     to represent the interests of the State maritime academies, 
     solicit nominations for membership on the Committee from each 
     State maritime academy or a joint nomination from some or all 
     State maritime academies; and
       ``(ii) with regard to the appointment of a member to 
     represent the interests of the United States Merchant Marine 
     Academy, solicit a nomination for membership on the Committee 
     from the Secretary of Transportation.
       ``(D) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(e) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 707. Merchant Mariner Medical Advisory Committee

       ``(a) Establishment.--There is established a Merchant 
     Mariner Medical Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to--
       ``(1) medical certification determinations of merchant 
     mariners;
       ``(2) medical standards and guidelines for the physical 
     qualifications of operators of commercial vessels;
       ``(3) medical examiner education; and
       ``(4) medical research.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 14 
     members.
       ``(B) Restriction.--No member of the Committee shall be a 
     regular Federal employee.
       ``(C) Experience.--Of the members of the Committee--
       ``(i) 10 members shall be healthcare professionals with 
     particular expertise, knowledge, or experience regarding the 
     medical examinations of merchant mariners or occupational 
     medicine; and
       ``(ii) 4 members shall be professional mariners with 
     knowledge and experience in mariners' occupational 
     requirements.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18, each member of the Committee is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.

[[Page S4485]]

       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 708. National Boating Safety Advisory Council

       ``(a) Establishment.--There is established a National 
     Boating Safety Advisory Council (referred to in this section 
     as the `Council').
       ``(b) Organization.--
       ``(1) Meeting.--The Council shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Council shall consist of 21 members.
       ``(B) Experience.--Each member of the Council shall have 
     particular expertise, knowledge, and experience in 
     recreational boating safety.
       ``(C) Points of view.--Except as provided in subparagraph 
     (D), each member of the Council shall represent the point of 
     view of an entity or group, as follows:
       ``(i) 7 members representing State officials responsible 
     for State boating safety programs.
       ``(ii) 7 members representing manufacturers, wholesale 
     distributors, or retail distributors of recreational vessels 
     or associated equipment.
       ``(iii) At least 5 members representing national 
     recreational boating organizations.
       ``(D) Additional members.--Not more than 2 members of the 
     Council may represent the general public.
       ``(E) Panels.--Additional individuals from an entity or 
     group set out in subparagraph (C) may be appointed to panels 
     of the Council to assist the Council in performing its 
     duties.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) a member of the Council, whom the Secretary appoints 
     to represent the point of view of an entity or group set out 
     in paragraph (2)(C), is hereby deemed a representative of the 
     member's respective special interest entity or group, and not 
     a special Government employee (as defined in section 202(a) 
     of title 18); and
       ``(B) in the event that the Secretary appoints a member to 
     represent the general public, such member of the Council is 
     hereby deemed a special Government employee (as defined in 
     section 202(a) of title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Council.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Council.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Council.
       ``(iii) Vacancy.--The Secretary may reappoint a member to 
     the Council more than once.
       ``(C) Service.--Each member of the Council shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Council 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (1), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Council to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Council, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Council as the 
     Chairperson and another member of the Council as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Council, recommendations with 
     regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Council in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(c) Consultation.--In addition to the consultation 
     required by section 4302 of this title, the Commandant (or 
     the Commandant's designee) shall, whenever practicable, 
     consult with the Council on boating safety matters related to 
     chapter 131 of this title.
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Council.
       ``(2) Termination.--The Council shall terminate on 
     September 30, 2027.

     ``Sec. 709. National Maritime Security Advisory Committee

       ``(a) Establishment.--There is established a National 
     Maritime Security Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to national maritime 
     security.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of not less 
     than 8 members, but not more than 21 members.
       ``(B) Experience.--Each member of the Committee shall have 
     at least 5 years practical experience in maritime security 
     operations.
       ``(C) Points of view.--Each member of the Committee shall 
     represent the point of view of an entity or group, as 
     follows:
       ``(i) At least 1 member representing the port authorities.
       ``(ii) At least 1 member representing the facilities owners 
     or operators.
       ``(iii) At least 1 member representing the terminal owners 
     or operators.
       ``(iv) At least 1 member representing the vessel owners or 
     operators.
       ``(v) At least 1 member representing the maritime labor 
     organizations.
       ``(vi) At least 1 member representing the academic 
     community.
       ``(vii) At least 1 member representing State or local 
     governments.
       ``(viii) At least 1 member representing the maritime 
     industry.
       ``(ix) Not more than 4 members, each representing an entity 
     or group, the point of view of which or the area of expertise 
     of which the Commandant (or the Commandant's designee) 
     determines would aid the Committee's deliberations.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18, each member of the Committee is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall appoint members to the Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of an individual in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(D) Background examinations.--The Secretary may require 
     an individual to have passed an appropriate security 
     background examination before appointment to the Committee.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).

[[Page S4486]]

       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 710. National Offshore Safety Advisory Committee

       ``(a) Establishment.--There is established a National 
     Offshore Safety Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to activities directly 
     involved with, or in support of, the exploration of offshore 
     mineral and energy resources insofar as such activities 
     relate to matters within Coast Guard jurisdiction.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 15 
     members.
       ``(B) Points of view.--Except as provided in subparagraph 
     (C), each member of the Committee shall represent the point 
     of view of an entity or group, as follows:
       ``(i) 2 members representing companies, organizations, 
     enterprises, or similar entities engaged in the production of 
     petroleum.
       ``(ii) 2 members representing companies, organizations, 
     enterprises, or similar entities engaged in offshore 
     drilling.
       ``(iii) 2 members representing companies, organizations, 
     enterprises or similar entities engaged in the support, by 
     offshore supply vessels or other vessels, of offshore 
     operations.
       ``(iv) 1 member representing a company, organization, 
     enterprise or similar entity engaged in the construction of 
     offshore facilities.
       ``(v) 1 member representing a company, organization, 
     enterprise or similar entity providing diving services to the 
     offshore industry.
       ``(vi) 1 member representing a company, organization, 
     enterprise or similar entity providing safety and training 
     services to the offshore industry.
       ``(vii) 1 member representing a company, organization, 
     enterprise or similar entity providing subsea engineering, 
     construction or remotely operated vehicle support to the 
     offshore industry.
       ``(viii) 2 members representing employees of companies, 
     organizations, enterprises or similar entities engaged in 
     offshore operations, 1 of whom should have recent practical 
     experience on vessels or units involved in the offshore 
     industry.
       ``(ix) 1 member representing a company, organization, 
     enterprise or similar entity providing environmental 
     protection, compliance or response services to the offshore 
     industry.
       ``(x) 1 member representing a company, organization, 
     enterprise or similar entity engaged in offshore oil 
     exploration or production on the Outer Continental Shelf of 
     Alaska.
       ``(C) Additional member.--1 member of the Committee shall 
     represent the general public.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) a member of the Committee, whom the Secretary 
     appoints to represent the point of view of an entity or group 
     set out in paragraph (2)(C), is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18); and
       ``(B) a member of the Committee, whom the Secretary 
     appoints to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate one member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 711. Navigation Safety Advisory Council

       ``(a) Establishment.--There is established a Navigation 
     Safety Advisory Council (referred to in this section as the 
     `Council').
       ``(b) Function.--The Council, acting through the Commandant 
     (or the Commandant's designee), is authorized to advise, 
     consult with, report to, and make recommendations to the 
     Secretary on matters relating to maritime collisions, 
     rammings and groundings, Inland Rules of the Road, 
     International Rules of the Road, navigation regulations and 
     equipment, routing measures, marine information, and aids to 
     navigation systems.
       ``(c) Organization.--
       ``(1) Meeting.--The Council shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Council shall consist of not more 
     than 21 members.
       ``(B) Experience.--Each member of the Council shall have 
     expertise in Inland and International vessel navigation Rules 
     of the Road, aids to maritime navigation, maritime law, 
     vessel safety, or port safety.
       ``(C) Points of view.--Each member of the Council shall 
     represent the point of view of one of the following entities 
     or groups:
       ``(i) Commercial vessel owners or operators.
       ``(ii) Professional mariners.
       ``(iii) Recreational boaters.
       ``(iv) State agencies responsible for vessel or port 
     safety.
       ``(v) The Maritime Law Association.
       ``(vi) Recreational boating industry.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18, each member of the Council is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Council.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Council.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Council.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Council more than once.
       ``(C) Service.--Each member of the Council shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Council 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.

[[Page S4487]]

       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Council to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Reappointments.--In the case of an appointment to 
     fill a vacancy on the Council, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Council as the 
     Chairperson and another member of the Council as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Council, recommendations with 
     regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Council in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Council.
       ``(2) Termination.--The Council shall terminate on 
     September 30, 2027.

     ``Sec. 712. Towing Safety Advisory Committee

       ``(a) Establishment.--There is established a Towing Safety 
     Advisory Committee (referred to in this section as the 
     `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to shallow-draft inland 
     navigation, coastal waterway navigation, and towing safety.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 18 
     members.
       ``(B) Experience.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience regarding--
       ``(i) shallow-draft inland navigation or coastal waterway 
     navigation; and
       ``(ii) towing safety.
       ``(C) Points of view.--Except as provided in subparagraph 
     (D), each member of the Committee shall represent the point 
     of view of an entity or group, as follows:
       ``(i) 7 members representing the barge and towing industry, 
     reflecting a regional geographic balance.
       ``(ii) 1 member representing the offshore mineral and oil 
     supply vessel industry.
       ``(iii) 1 member representing Masters or Pilots of towing 
     vessels who have experience on the Western Rivers and the 
     Gulf Intracoastal Waterway.
       ``(iv) 1 member representing Masters of towing vessels who 
     have experience in offshore service.
       ``(v) 1 member representing Masters of towing vessels who 
     have experience in harbor-assist operations.
       ``(vi) 1 member representing towing vessel engineers.
       ``(vii) 2 members representing port districts, authorities, 
     or terminal operators.
       ``(viii) 1 member representing shippers.
       ``(ix) 1 member representing shippers who are engaged in 
     the chartering or shipping of oil or hazardous materials by 
     barge.
       ``(D) Additional members.--2 members of the Committee shall 
     represent the general public.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) a member of the Committee, whom the Secretary 
     appoints to represent the point of view of an entity or group 
     set out in paragraph (2)(C), is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18); and
       ``(B) a member of the Committee, whom the Secretary 
     appoints to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of an individual in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Consultation.--The Commandant (or the Commandant's 
     designee) shall, whenever practicable, consult with the 
     Committee before taking any significant action affecting 
     shallow-draft inland navigation, coastal waterway navigation, 
     and towing safety.
       ``(e) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of chapters.--The table of chapters for subtitle 
     I of title 46, United States Code, is amended by adding at 
     the end the following:

``7. Coast Guard advisory committees.........................701.''....

       (2) Commercial fishing safety advisory committee.--
       (A) Repeal.--Section 4508 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 45 
     of title 46, United States Code, is amended by striking the 
     item relating to section 4508.
       (3) Great lakes pilotage advisory committee.--
       (A) Repeal.--Section 9307 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 93 
     of title 46, United States Code, is amended by striking the 
     item relating to section 9307.
       (4) Lower mississippi river waterway safety advisory 
     committee.--Section 19 of the Coast Guard Authorization Act 
     of 1991 (Public Law 102-241; 105 Stat. 2215) is repealed.
       (5) Merchant marine personnel advisory committee.--
       (A) Repeal.--Section 8108 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 81 
     of title 46, United States Code, is amended by striking the 
     item relating to section 8108.
       (6) Merchant mariner medical advisory committee.--
       (A) Repeal.--Section 7115 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 71 
     of title 46, United States Code, is amended by striking the 
     item relating to section 7115.
       (7) National boating safety advisory council.--
       (A) Repeal.--Section 13110 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 
     131 of title 46, United States Code, is amended by striking 
     the item relating to section 13110.
       (C) Technical amendment.--Section 4302(c)(4) of title 46, 
     United States Code, is amended by striking ``13110'' and 
     inserting ``708''.
       (8) National maritime security advisory committee.--Section 
     109(a)(1) of the Maritime Transportation Security Act of 2002 
     (46 U.S.C. 70101 note) is amended by striking ``section 70112 
     of title 46, United States Code, as amended by this Act'' and 
     inserting ``section 709 of title 46, United States Code''.

[[Page S4488]]

       (9) Navigation safety advisory council.--Section 5 of the 
     Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
     repealed.
       (10) Towing safety advisory committee.--The Act to 
     establish a Towing Safety Advisory Committee in the 
     Department of Transportation, approved October 6, 1980, (33 
     U.S.C. 1231a) is repealed.
       (c) Area Maritime Security Advisory Committees.--
       (1) In general.--Section 70112 of title 46, United States 
     Code, is amended--
       (A) in the heading, by striking ``Maritime Security 
     Advisory Committees'' and inserting ``Area Maritime Security 
     Advisory Committees'';
       (B) by amending subsection (a) to read as follows:
       ``(a) Establishment of Committees.--
       ``(1) The Secretary may--
       ``(A) establish an Area Maritime Security Advisory 
     Committee for any port area of the United States; and
       ``(B) request an Area Maritime Security Committee to review 
     the proposed Area Maritime Transportation Security Plan 
     developed under section 70103(b) and make recommendations to 
     the Secretary that the Committee considers appropriate.
       ``(2) Each Area Maritime Security Advisory Committee--
       ``(A) may advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to 
     maritime security in that area;
       ``(B) may make available to the Congress recommendations 
     that the Committee makes to the Secretary; and
       ``(C) shall meet at the call of--
       ``(i) the Secretary, who shall call such a meeting at least 
     once during each calendar year; or
       ``(ii) a majority of the Committee.'';
       (C) in subsection (b)--
       (i) in paragraph (1), by striking ``of the committees'' and 
     inserting ``Area Maritime Security Advisory Committee'';
       (ii) in paragraph (3)--

       (I) by striking ``such a committee'' and inserting ``an 
     Area Maritime Security Advisory Committee''; and
       (II) by striking ``the committee'' and inserting ``an Area 
     Maritime Security Advisory Committee'';

       (iii) in paragraph (4), by striking ``the Committee'' and 
     inserting ``an Area Maritime Security Advisory Committee''; 
     and
       (iv) in paragraph (5)--

       (I) by striking subparagraph (A); and
       (II) in subparagraph (B), by striking ``(b)'' and indenting 
     appropriately;

       (D) in subsection (c)(1), by striking ``committee'' and 
     inserting ``Area Maritime Security Advisory Committee'';
       (E) by striking subsection (d);
       (F) by redesignating subsections (e), (f), and (g) as 
     subsections (d), (e), and (f), respectively;
       (G) in subsection (d), as redesignated--
       (i) by striking ``the Committee'' and inserting ``an Area 
     Maritime Security Advisory Committee''; and
       (ii) by striking the period at the end and inserting ``for 
     an area.'';
       (H) in subsection (e), as redesignated--
       (i) in paragraph (1), by striking ``a committee'' and 
     inserting ``an Area Maritime Security Advisory Committee''; 
     and
       (ii) in paragraph (2), by striking ``such a committee'' and 
     inserting ``an Area Maritime Security Advisory Committee''; 
     and
       (I) by amending subsection (f), as redesignated, to read as 
     follows:
       ``(f) Federal Advisory Committee Act; Termination Date.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) does not apply to Area Maritime Security Advisory 
     Committees established under this section.
       ``(2) Termination.--The Area Maritime Security Advisory 
     Committees shall terminate on September 30, 2027.''.
       (d) Table of Contents.--The table of contents of chapter 
     701 of title 46, United States Code, is amended in the item 
     relating to section 70112 by striking ``Maritime Security 
     Advisory Committees'' and inserting ``Area Maritime Security 
     Advisory Committees''.
       (e) Houston-Galveston Navigation Safety Advisory Committee; 
     Repeal.--Section 18 of the Coast Guard Authorization Act of 
     1991 (Public Law 102-241; 105 Stat. 2213) is repealed.
       (f) Transition of Coast Guard Advisory Committees.--
       (1) In general.--Notwithstanding the amendments made under 
     subsections (b) and (c) of this section, an advisory 
     committee described in paragraph (2) of this subsection shall 
     continue to be subject to the requirements under law to which 
     such advisory committee was subject as in effect on the day 
     before the date of enactment of this Act, including its 
     charter, and the members appointed to such advisory committee 
     shall continue to serve pursuant thereto, until the Secretary 
     of the department in which the Coast Guard is operating makes 
     the applicable appointments under sections 702 through 712 of 
     title 46, United States Code.
       (2) Coast guard advisory committees.--An advisory committee 
     described in this paragraph is as follows:
       (A) Chemical Transportation Advisory Committee.
       (B) Commercial Fishing Safety Advisory Committee 
     established under section 4508 of title 46, United States 
     Code.
       (C) Great Lakes Pilotage Advisory Committee established 
     under section 9307 of title 46, United States Code.
       (D) Lower Mississippi River Waterway Safety Advisory 
     Committee established under section 19 of the Coast Guard 
     Authorization Act of 1991 (Public Law 102-241; 105 Stat. 
     2215).
       (E) Merchant Marine Personnel Advisory Committee 
     established under section 8108 of title 46, United States 
     Code.
       (F) Merchant Mariner Medical Advisory Committee established 
     under section 7115 of title 46, United States Code.
       (G) National Boating Safety Advisory Council established 
     under section 13110 of title 46, United States Code.
       (H) National Maritime Security Advisory Committee 
     established under section 70112 of title 46, United States 
     Code.
       (I) National Offshore Safety Advisory Committee.
       (J) Navigation Safety Advisory Council established under 
     section 5 of the Inland Navigational Rules Act of 1980 (33 
     U.S.C. 2073).
       (K) Towing Safety Advisory Committee established under the 
     Act entitled the ``Act to establish a Towing Safety Advisory 
     Committee in the Department of Transportation'', approved 
     October 6, 1980 (33 U.S.C. 1231a).
       (3) Deadline.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall make the 
     appointments, and file any necessary charters, under sections 
     702 through 712 of title 46, United States Code.

     SEC. 3642. CLARIFICATION OF LOGBOOK AND ENTRY REQUIREMENTS.

       Section 11304 of title 46, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``an official logbook, which'' and 
     inserting ``a logbook, which may be in any form, including 
     electronic, and''; and
       (B) by inserting ``or a ferry, passenger vessel, or small 
     passenger vessel (as those terms are defined in section 
     2101)'' after ``Canada''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``log book'' and inserting ``logbook''; and
       (B) by amending paragraph (3) to read as follows:
       ``(3) Each illness or injury, the nature of the illness or 
     injury, and any medical treatment administered.''.

     SEC. 3643. TECHNICAL AMENDMENTS; LICENSES, CERTIFICATIONS OF 
                   REGISTRY, AND MERCHANT MARINER DOCUMENTS.

       Part E of subtitle II of title 46, United States Code, is 
     amended--
       (1) in section 7106(b), by striking ``merchant mariner's 
     document'' and inserting ``license'';
       (2) in section 7107(b), by striking ``merchant mariner's 
     document'' and inserting ``certificate of registry''; and
       (3) in section 7507(b)--
       (A) in paragraph (1), by striking ``licenses or 
     certificates of registry'' and inserting ``merchant mariner 
     documents''; and
       (B) in paragraph (2), by striking ``a merchant mariner's 
     document'' and inserting ``a license or a certificate of 
     registry.''.

     SEC. 3644. NUMBERING FOR UNDOCUMENTED BARGES.

       Chapter 121 of title 46, United States Code, is amended--
       (1) in section 12102--
       (A) in subsection (c), by adding at the end the following: 
     ``The Secretary may require such an undocumented barge more 
     than 100 gross tons operating on the navigable waters of the 
     United States to be numbered.''; and
       (B) in subsection (d), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of the department 
     in which the Coast Guard is operating''; and
       (2) in section 12301--
       (A) by striking subsection (b); and
       (B) by striking the subsection designation in subsection 
     (a) and indenting appropriately.

     SEC. 3645. EQUIPMENT REQUIREMENTS; EXEMPTION FROM THROWABLE 
                   PERSONAL FLOTATION DEVICES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall revise section 175.17 of title 33, Code of 
     Federal Regulations, to exempt paddleboards and rafts from 
     the requirement for carriage of an additional throwable 
     personal flotation device if each person is required to wear 
     a personal flotation device while under way and at least 1 
     rescue throw bag, as typically used in whitewater rafting, is 
     on board.

     SEC. 3646. ENSURING MARITIME COVERAGE.

       In order to meet Coast Guard mission requirements for 
     search and rescue, all-hazard incident response, and maritime 
     environmental response during recapitalization of Coast Guard 
     vessels, the Coast Guard shall ensure continuity of the 
     coverage, to the maximum extent practicable, in the locations 
     that may lose assets.

     SEC. 3647. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY 
                   COMPLIANCE PROGRAM.

       (a) In General.--Section 4503(d) of title 46, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``After January 1, 
     2020,'' and all that follows through ``the Secretary, if'' 
     and inserting ``Subject to paragraph (3), beginning on the 
     date that is 3 years after the date that the Secretary 
     prescribes an alternate safety compliance program, a fishing 
     vessel, fish processing vessel, or fish tender vessel to

[[Page S4489]]

     which section 4502(b) of this title applies shall comply with 
     the alternate safety compliance program if'';
       (2) in paragraph (2), by striking ``establishes standards 
     for an alternate safety compliance program, shall comply with 
     such an alternative safety compliance program that is 
     developed in cooperation with the commercial fishing industry 
     and prescribed by the Secretary'' and inserting ``prescribes 
     an alternate safety compliance program under paragraph (1), 
     shall comply with the alternate safety compliance program''; 
     and
       (3) by amending paragraph (3) to read as follows:
       ``(3) For purposes of paragraph (1), a separate alternate 
     safety compliance program may be developed for a specific 
     region or specific fishery.''.
       (b) Final Rule.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall issue a final rule 
     implementing the alternate to classing under section 4503(e) 
     of title 46, United States Code, as amended by subsection (a) 
     of this section.

     SEC. 3648. FISHING, FISH TENDER, AND FISH PROCESSING VESSEL 
                   CERTIFICATION.

       (a) Nonapplication.--Section 4503(c)(2)(A) of title 46, 
     United States Code, is amended by striking ``79'' and 
     inserting ``180''.
       (b) Determining When Keel Is Laid.--Section 4503 of title 
     46, United States Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) For purposes of this section, a keel is laid when a 
     structure, adequate of serving as a keel for a vessel greater 
     than 79 feet in length is identified for use in the 
     construction of a specific vessel and is so affirmed by a 
     marine surveyor.''.

     SEC. 3649. TERMINATION OF UNSAFE OPERATIONS; TECHNICAL 
                   AMENDMENT.

       Section 4505 of title 46, United States Code, is amended by 
     striking ``4503(1)'' and inserting ``4503(a)''.

     SEC. 3650. INSTALLATION AND USE OF ENGINE CUT-OFF SWITCHES ON 
                   RECREATIONAL VESSEL.

       (a) Use of Engine Cut-off Switch Links.--
       (1) Requirement.--The Secretary of the department in which 
     the Coast Guard is operating shall revise the regulations 
     under part 175 of title 33, Code of Federal Regulations, to 
     prohibit a person from operating a recreational vessel 25 
     feet or less in length unless--
       (A) the person is wearing an engine cut-off switch link 
     while operating on plane or above displacement speed; and
       (B) the engine cut-off switch is factory equipped on the 
     primary propulsion machinery.
       (2) Exceptions.--The requirement under paragraph (1) shall 
     not apply to the following:
       (A) A vessel 25 feet or less in length whose main helm is 
     installed within an enclosed cabin that would protect an 
     operator from being thrown overboard should the operator be 
     displaced from the helm.
       (B) A vessel with propulsion machinery developing static 
     thrust of less than 115 pounds or 3 horsepower.
       (C) A vessel that is not equipped with an engine cut-off 
     switch.
       (b) Installation of Engine Cut-off Switches.--The Secretary 
     of the department in which the Coast Guard is operating shall 
     revise the regulations under part 183 of title 33, Code of 
     Federal Regulations, to require an equipment manufacturer, 
     distributor, or dealer that installs propulsion machinery and 
     associate starting controls on a recreational vessel 25 feet 
     or less in length and capable of developing at least 115 
     pounds of static thrust to install an engine cut-off switch 
     on such recreational vessel in accordance with the American 
     Boat and Yacht Standard A-33, as amended.
       (c) Penalty.--A person that violates a regulation 
     promulgated under subsection (a)(1) of this section shall be 
     subject to a civil penalty under section 4311 of title 46, 
     United States Code, not to exceed--
       (1) $100 for the first offense;
       (2) $250 for the second offense; and
       (3) $500 for any subsequent offense.
       (d) Preemption.--In accordance with section 4306 of title 
     46, United States Code, a State may not establish, continue 
     in effect, or enforce any law or regulation addressing engine 
     cut-off switch requirements that is not identical to a 
     regulation prescribed under this section.
       (e) Definitions.--In this section:
       (1) Engine cut-off switch.--The term ``engine cut-off 
     switch'' means a mechanical or electronic device that is 
     connected to propulsion machinery that will stop propulsion 
     if--
       (A) the switch is not properly connected; or
       (B) the switch components are submerged in water or 
     separated from the switch by a predetermined distance.
       (2) Engine cut-off switch link.--The term ``engine cut-off 
     switch link'' means the equipment attached to the 
     recreational vessel operator and which activates the engine 
     cut-off switch.
       (f) Effective Dates.--A regulation prescribed under this 
     section shall specify an effective date that is not earlier 
     than 1 year from the date the regulation was published.

     SEC. 3651. VISUAL DISTRESS SIGNALS AND ALTERNATIVE USE.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall develop a performance 
     standard for the alternative use and possession of visual 
     distress alerting and locating signals as mandated by 
     carriage requirements for recreational boats in subpart C of 
     part 175 of title 33, Code of Federal Regulations.
       (b) Regulations.--Not later than 180 days after the 
     performance standard for alternative use and possession of 
     visual distress alerting and locating signals is finalized, 
     the Secretary shall revise part 175 of title 33, Code of 
     Federal Regulations, to allow for carriage of such 
     alternative signal devices.

     SEC. 3652. RENEWAL PERIOD FOR DOCUMENTED RECREATIONAL 
                   VESSELS.

       Section 12114 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(d) Issuance of Certificate of Documentation.--The 
     Secretary of the department in which the Coast Guard is 
     operating is authorized to issue certificates of 
     documentation with effective periods of 1 year, 2 years, 3 
     years, 4 years, or 5 years.
       ``(1) Phased in issuance of certificates.--
       ``(A) In fiscal year 2019, vessel owners or operators with 
     vessel documentation numbers ending in 0, 1, 2, 3 shall be 
     qualified to apply for a renewal certificate of documentation 
     with an effective period of 5 years. Alternatively, vessel 
     owners or operators with vessel documentation numbers ending 
     in 0, 1, 2, 3 may elect to apply for a renewal certificate of 
     documentation with an effective period of 1 year, 2 years, 3 
     years, or 4 years. All other vessel owners and operators 
     shall be qualified to apply for an initial or renewal 
     certificate with an effective period of 1 year.
       ``(B) In fiscal year 2020, vessel owners or operators with 
     vessel documentation numbers ending in 4, 5, or 6 shall be 
     qualified to apply for a renewal certificate of documentation 
     with an effective period of 5 years. Alternatively, vessel 
     owners or operators with vessel documentation numbers ending 
     in 4, 5, or 6 may elect to apply for a renewal certificate of 
     documentation with an effective period of 1 year, 2 years, 3 
     years, or 4 years. All other vessel owners and operators 
     shall be qualified to apply for an initial or renewal 
     certificate with an effective period of 1 year.
       ``(C) In fiscal year 2021, vessel owners or operators with 
     vessel documentation numbers ending in 7, 8, or 9 shall be 
     qualified to apply for an initial or renewal certificate of 
     documentation with an effective period of 5 years. 
     Alternatively, vessel owners or operators with vessel 
     documentation numbers ending in 7, 8, or 9 may elect to apply 
     for an initial or renewal certificate of documentation with 
     an effective period of 1 year, 2 years, 3 years, or 4 years. 
     All other vessel owners and operators shall be qualified to 
     apply for an initial or renewal certificate with an effective 
     period of 1 year.
       ``(D) Starting in fiscal year 2022 all vessel owners and 
     operators shall be qualified to apply for a renewal 
     certificate of documentation with effective periods of 1 
     year, 2 years, 3 years, 4 years, or 5 years.
       ``(E) Starting in fiscal year 2019 vessel owners and 
     operators applying for an initial certificate of 
     documentation may apply for such documentation with an 
     effective period of 1 year, 2 years, 3 years, 4 years, or 5 
     years.
       ``(2) Application for renewal.--Applications for renewal 
     may be submitted no earlier than 90 days prior to the 
     expiration date of a certificate of documentation.
       ``(3) Fees.--
       ``(A) For fiscal years 2019 through 2021, the Secretary 
     shall collect the following fees from vessel owners or 
     operators:
       ``(i) For a certificate of documentation with an effective 
     period of 5 years the fee collected from the vessel owner or 
     operator shall be $130.
       ``(ii) For a certificate of documentation with an effective 
     period of 4 years the fee collected from the vessel owner or 
     operator shall be $104.
       ``(iii) For a certificate of documentation with an 
     effective period of 3 years the fee collected from the vessel 
     owner or operator shall be $78.
       ``(iv) For a certificate of documentation with an effective 
     period of 2 years the fee collected from the vessel owner or 
     operator shall be $52.
       ``(v) For a certificate of documentation with an effective 
     period of 1 year the fee collected from the vessel owner or 
     operator shall be $26.
       ``(B) For fiscal years 2022 and thereafter, such fees shall 
     be published in the Federal Register as a direct final rule. 
     Such rulemaking shall be exempt from the requirements of the 
     Administrative Procedure Act (Public Law 79-404; 60 Stat 
     237).
       ``(4) Funds availability.--Fees collected for the issuance 
     of certificates of documentation by the Secretary of the 
     department in which the Coast Guard is operating--
       ``(A) shall be deposited into the account that bore the 
     expense for issuance of such certificate of documentation; 
     and
       ``(B) shall be available until expended.''.

     SEC. 3653. EXCEPTION FROM SURVIVAL CRAFT REQUIREMENTS.

       Section 4502(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (2)(B), by striking ``a survival craft'' 
     and inserting ``subject to paragraph (3), a survival craft''; 
     and
       (2) by adding at the end the following:
       ``(3)(A) Except for a nonapplicable vessel, an auxiliary 
     craft shall satisfy the equipment requirement under paragraph 
     (2)(B) if--

[[Page S4490]]

       ``(i) it is necessary for normal fishing operations;
       ``(ii) is readily accessible during an emergency; and
       ``(iii) is capable of safely holding all individuals on 
     board the vessel, in accordance with the Coast Guard capacity 
     rating, when applicable.
       ``(B) In this paragraph, the term `nonapplicable vessel' 
     means a vessel that is--
       ``(i) operating outside of 12 nautical miles; and
       ``(ii) required by the Secretary to have an inflatable life 
     raft.''.

     SEC. 3654. INLAND WATERWAY AND RIVER TENDER, AND BAY CLASS 
                   ICEBREAKER ACQUISITION PLAN.

       (a) Acquisition Plan.--Not later than 545 days after the 
     date of enactment of this Act, the Commandant of the Coast 
     Guard shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a plan to replace the aging fleet of inland 
     waterway and river tenders, and the bay class icebreakers.
       (b) Contents.--The plan described in subsection (a) shall 
     include--
       (1) a schedule for the acquisition to begin;
       (2) the date the first vessel will be delivered;
       (3) the date the acquisition will be complete;
       (4) a description of the order and location of 
     replacements;
       (5) an estimate of the cost per vessel and for total 
     acquisition program of record; and
       (6) an analysis of whether existing vessels can be used.

     SEC. 3655. ARCTIC PLANNING CRITERIA.

       (a) Alternative Planning Criteria.--
       (1) In general.--The Commandant of the Coast Guard may 
     approve a vessel response plan for the area covered by the 
     Captain of the Port Zone that includes the Arctic, for 
     purposes of complying with the Oil Pollution Act of 1990 (33 
     U.S.C. 2701 et seq.), if the Commandant--
       (A) verifies that equipment included in the plan has been 
     tested and proven capable of operating in the environmental 
     conditions expected in the area in which it is intended to be 
     operated; and
       (B) verifies that training has been conducted by the 
     equipment operators on the equipment listed in the plan 
     within the geographic boundaries of the Captain of the Port 
     Zone that includes the Arctic.
       (2) Post-approval requirements.--For each plan approved 
     under paragraph (1)--
       (A) the oil spill removal organization listed in the vessel 
     response plan shall conduct regular exercises and drills of 
     the plan in the area covered by the Captain of the Port Zone 
     that includes the Arctic; or
       (B) the oil spill removal organization listed in the vessel 
     response plan may take credit for responses to actual spills 
     or releases in the area covered by the Captain of the Port 
     Zone that includes the Arctic instead of conducting regular 
     exercises and drills of the plan, if the oil spill removal 
     organization--
       (i) documents which exercise requirements were met during 
     the response; and
       (ii) submits a request for credit to and receives approval 
     from the Commandant.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the oil spill prevention and 
     response capabilities for the area covered by the Captain of 
     the Port Zone that includes the Arctic.
       (2) Contents.--The report shall include the following:
       (A) A description of equipment and assets available for oil 
     spill response under the vessel response plans approved for 
     vessels operating in the Captain of the Port Zone, including 
     details on the provider of such equipment and assets.
       (B) A description of the location of equipment and assets 
     that are to be deployed, including an estimate of the time to 
     deploy the equipment and assets.
       (C) A determination on the degree of how effectively the 
     oil spill equipment and assets are distributed throughout the 
     Captain of the Port Zone.
       (D) A statement on whether the ability to maintain and 
     deploy equipment and assets is taken into account when 
     measuring the level of equipment available throughout the 
     Captain of the Port Zone.
       (E) Validation of port assessment visit process and 
     response resource inventory for oil spill response under the 
     vessel response plans approved for vessels operating in the 
     Captain of the Port Zone.
       (F) A determination of the compliance rate with Federal 
     vessel response plan regulations in the Captain of the Port 
     Zone in the previous 3 years.
       (G) A description of the resources need throughout the 
     Coast Guard to conduct port assessments, exercises, response 
     plan review, and spill responses.
       (c) Definition of Arctic.--In this section, the term 
     ``Arctic'' has the meaning given the term under section 112 
     of the Arctic Research and Policy Act of 1984 (15 U.S.C. 
     4111).

     SEC. 3656. FISHING SAFETY GRANT PROGRAMS.

       (a) Fishing Safety Training Grant Program.--Section 
     4502(i)(4) of title 46, United States Code, is amended by 
     striking ``2015 through 2017'' and inserting ``2015 through 
     2019''.
       (b) Fishing Safety Research Grant Program.--Section 
     4502(j)(4) of title 46, United States Code, is amended by 
     striking ``2015 through 2017'' and inserting ``2015 through 
     2019''.

     SEC. 3657. SAFETY STANDARDS.

       Section 4502(f) of title 46, United States Code, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by striking paragraph (2), and inserting the following:
       ``(2) shall examine at dockside a vessel described in 
     subsection (b) at least once every 5 years, but may require 
     an exam at dockside every 2 years for certain vessels 
     described in subsection (b) requested by the owner or 
     operator;
       ``(3) shall issue a certificate of compliance to a vessel 
     meeting the requirements of this chapter and satisfying the 
     requirements in paragraph (2); and''.

     SEC. 3658. COMMERCIAL FISHING VESSEL SAFETY OUTREACH 
                   STRATEGY.

       (a) Requirement for Strategy.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall 
     develop and submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a national communications plan for the 
     purposes of--
       (1) disseminating information to the commercial fishing 
     vessel industry;
       (2) conducting outreach with the commercial fishing vessel 
     industry;
       (3) facilitating interaction with the commercial fishing 
     vessel industry; and
       (4) releasing information collected under section 703 of 
     title 46, United States Code, as amended by this Act, to the 
     commercial fishing vessel industry.
       (b) Content.--The plan required by subsection (a), and each 
     annual update, shall--
       (1) employ all available staff, resources, and systems 
     available to the Secretary to ensure the widest dissemination 
     of information to the commercial fishing vessel industry;
       (2) be individually adapted as necessary by Captain of the 
     Port Zone to ensure the most effective strategy and means to 
     communicate with commercial fishing vessel industry;
       (3) include a means to document all communication and 
     outreach conducted with the commercial fishing vessel 
     industry; and
       (4) include a mechanism to measure effectiveness of such 
     plan.
       (c) Updates.--The Secretary of the department in which the 
     Coast Guard is operating shall--
       (1) update and submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives the plan required by subsection (a) not less 
     frequently than once each year; and
       (2) include input from individual Captains of the Port and 
     any feedback received from the commercial fishing vessel 
     industry under subsection (b)(3).

     SEC. 3659. CONSISTENCY IN MARINE INSPECTIONS.

       (a) Definition of Officer in Charge, Marine Inspection.--In 
     this section, the term ``Officer in Charge, Marine 
     Inspection'' has the meaning given the term in section 50.10-
     10 of title 46, Code of Federal Regulations.
       (b) In General.--The Commandant of the Coast Guard shall 
     make it a priority to interpret regulations and standards, 
     with respect to inspections, enforcement, and administration 
     under subtitle II of title 46, United States Code, and title 
     33, United States Code, consistently between all Officers in 
     Charge, Marine Inspections to avoid disruption and undue 
     expense to industry.
       (c) Discrepancies.--
       (1) In general.--Efforts to resolve any disagreements 
     regarding the existing condition of a vessel should be made 
     between the local Officer in Charge, Marine Inspection 
     conducting an inspection and the Officer in Charge, Marine 
     Inspection that issued the most recent Certificate of 
     Inspection or the Marine Safety Center, unless there is a 
     justifiable safety concern.
       (2) Good faith efforts.--The Officer in Charge, Marine 
     Inspection shall make a good faith effort to resolve the 
     discrepance, if possible, or submit a justification for the 
     discrepancy to the Commandant of the Coast Guard, via the 
     cognizant District Commander, before a decision on the appeal 
     is made.
       (d) Appeals From Decisions or Actions.--The Coast Guard 
     shall provide the necessary information regarding the right 
     of appeal to any person affected by an Office in Charge, 
     Marine Inspection or Marine Safety Center for any unresolved 
     discrepancy and facilitate the process for appealing that 
     decision or action under parts 1 through 4 of title 46, Code 
     of Federal Regulations.
       (e) Report on Marine Inspector Training.--Not later than 1 
     year after the date of enactment of this Act, the Commandant 
     of the Coast Guard shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the training, experience, and 
     qualifications required for assignment as a marine inspector 
     under section 57 of title 14, United States Code, including--

[[Page S4491]]

       (1) a description of any continuing education requirement, 
     including a specific list of the courses;
       (2) a description of the training, including a specific 
     list of the courses, offered to a journeyman or an advanced 
     journeyman marine inspector to advance inspection expertise;
       (3) a description of any training that was offered in the 
     15-year period before the date of enactment of this Act, but 
     is no longer required or offered, including a specific list 
     of the courses, including the senior marine inspector course 
     and any plan review courses;
       (4) a justification for why a course described in paragraph 
     (3) is no longer required or offered; and
       (5) a list of the course content the Commandant considers 
     necessary to promote consistency among marine inspectors in 
     an environment of increasingly complex vessels and vessel 
     systems.

                     Subtitle D--Maritime Security

     SEC. 3661. MARITIME BORDER SECURITY COOPERATION.

       The Secretary of the department in which the Coast Guard is 
     operating shall, in accordance with law--
       (1) partner with other Federal, State, and local government 
     agencies to leverage existing technology, including camera 
     systems and other sensors, to provide continuous monitoring 
     of high-risk maritime borders, as determined by the 
     Secretary; and
       (2) enter into such agreements as the Secretary considers 
     necessary to ensure 24-hour monitoring of such technology.

     SEC. 3662. CURRENCY DETECTION CANINE TEAM PROGRAM.

       (a) Definitions.--In this section:
       (1) Canine currency detection team.--The term ``canine 
     currency detection team'' means a canine and a canine handler 
     that are trained to detect currency.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (b) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     program to allow the use of canine currency detection teams 
     for purposes of Coast Guard maritime law enforcement and 
     maritime security operations, including underway vessel 
     boardings.
       (c) Operation.--The Secretary may cooperate with, or enter 
     into an agreement with, the head of another Federal agency to 
     meet the requirements under subsection (b).

     SEC. 3663. CONFIDENTIAL INVESTIGATIVE EXPENSES.

       Section 658 of title 14, United States Code, is amended by 
     striking ``$45,000'' and inserting ``$250,000''.

     SEC. 3664. MONITORING OF ILLEGAL, UNREPORTED, AND UNREGULATED 
                   FISHING.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall conduct a 1-year pilot 
     program to determine the impact of persistent use of 
     different types of surveillance systems on illegal maritime 
     activities in the Western Pacific regions.
       (b) Requirements.--The pilot program shall--
       (1) consider using light aircraft-based detection systems 
     which can identify potential illegal activity from higher 
     altitudes and produce enforcement-quality evidence at lower 
     altitudes; and
       (2) be directed at detecting and deterring illegal, 
     unreported, and unregulated fishing and enhancing maritime 
     domain awareness.

     SEC. 3665. STRATEGIC ASSETS IN THE ARCTIC.

       (a) Definition of Arctic.--In this section, the term 
     ``Arctic'' has the meaning given the term in section 112 of 
     the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Arctic continues to grow in significance to both 
     the national security interests and the economic prosperity 
     of the United States; and
       (2) the Coast Guard must ensure it is positioned to respond 
     to any accident, incident, or threat with appropriate assets.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant of the Coast Guard, in 
     consultation with the Secretary of Defense and taking into 
     consideration the Department of Defense 2016 Arctic Strategy, 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress toward implementing 
     the strategic objectives described in the United States Coast 
     Guard Arctic Strategy dated May 2013.
       (d) Contents.--The report under subsection (c) shall 
     include--
       (1) a description of the Coast Guard's progress toward each 
     strategic objective;
       (2) plans to provide communications throughout the entire 
     Coastal Western Alaska Captain of the Port zone to improve 
     waterway safety and mitigate close calls, collisions, and 
     other dangerous interactions between the shipping industry 
     and subsistence hunters;
       (3) plans to prevent marine casualties, when possible, by 
     ensuring vessels avoid environmentally sensitive areas and 
     permanent security zones;
       (4) an explanation of--
       (A) whether it is feasible to establish a vessel traffic 
     service, using existing resources or otherwise; and
       (B) whether an Arctic Response Center of Expertise is 
     necessary to address the gaps in experience, skills, 
     equipment, resources, training, and doctrine to prepare, 
     respond to, and recover spilled oil in the Arctic;
       (5) an assessment of whether sufficient agreements are in 
     place to ensure the Coast Guard is receiving the information 
     it needs to carry out its responsibilities;
       (6) an assessment of the assets and infrastructure 
     necessary to meet the strategic objectives identified in the 
     United States Coast Guard Arctic Strategy dated May 2013 
     based on factors such as--
       (A) response time;
       (B) coverage area;
       (C) endurance on scene;
       (D) presence; and
       (E) deterrence; and
       (7) an analysis of National Security Cutters, Offshore 
     Patrol Cutters, and Fast Response Cutters capabilities based 
     on the factors described in subparagraphs (A) through (E) of 
     paragraph (6), both stationed from various Alaska ports and 
     in other locations.

     SEC. 3666. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY.

       (a) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating, in consultation with 
     interested Federal and non-Federal stakeholders, shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     including--
       (1) an assessment of Coast Guard at-sea operational fleet 
     requirements to support its statutory missions established in 
     the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
       (2) a strategic plan for meeting the requirements 
     identified under paragraph (1).
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) an assessment of--
       (A) the extent to which the Coast Guard at-sea operational 
     fleet requirements are currently being met;
       (B) the Coast Guard's current fleet, its operational 
     lifespan, and how the aging of the fleet will impact at-sea 
     operational needs;
       (C) fleet operations and recommended improvements to 
     minimize costs and extend operational vessel life spans; and
       (D) actual cutter requirements for the Fast Response 
     Cutter, the Offshore Patrol Cutter, and the National Security 
     Cutter to meet at-sea operational needs as compared to 
     planned acquisitions under the current programs of record;
       (2) an analysis of--
       (A) how the Coast Guard at-sea operational fleet 
     requirements are currently met, including the use of the 
     Coast Guard's current cutter fleet, agreements with partners, 
     chartered vessels, and unmanned vehicle technology; and
       (B) how existing and planned cutter programs of record meet 
     the at-sea operational requirements, including the Fast 
     Response Cutter, the Offshore Patrol Cutter, and the National 
     Security Cutter; and
       (3) a description of--
       (A) planned manned and unmanned vessel acquisition; and
       (B) how such acquisitions will change the extent to which 
     the Coast Guard at-sea operational requirements are met.
       (c) Consultation and Transparency.--
       (1) Consultation.--In consulting with the Federal and non-
     Federal stakeholders under subsection (a), the Secretary of 
     the department in which the Coast Guard is operating shall--
       (A) provide the stakeholders with opportunities for input--
       (i) prior to initially drafting the report, including the 
     assessment and strategic plan; and
       (ii) not later than 3 months prior to finalizing the 
     report, including the assessment and strategic plan, for 
     submission; and
       (B) document the input and its disposition in the report.
       (2) Transparency.--All input provided under paragraph (1) 
     shall be made available to the public.

     SEC. 3667. COMPTROLLER GENERAL REPORT ON CERTAIN TASK FORCES.

       (a) Findings.--Congress finds that the Joint Interagency 
     Task Force South (referred to in this section as the ``JIATF-
     South'') is an exemplary program that executes its counter-
     narcotics mission with distinction and in a cost-effective 
     manner.
       (b) Study.--The Comptroller General of the United States 
     shall study each of the following task forces and compare the 
     execution of the task force's counter-narcotics and illegal 
     migrant operation to that of the JIATF-South:
       (1) The Joint Interagency Task Force West (referred to in 
     this section as the ``JIATF-West'').
       (2) The Department of Homeland Security's Joint Task Forces 
     (referred to in this section as the ``DHS-JTF'').
       (c) Contents.--In conducting the study under subsection 
     (b), the Comptroller General shall, at a minimum--
       (1) review the JIATF-West Counternarcotics Operations 
     Center and its performance of its mission to support counter-
     narcotics missions by United States law enforcement agencies;
       (2) compare the JIATF-West, DHS-JTFs, and JIATF-South 
     organizational and manning structure;
       (3) assess the JIATF-West's current organizational and 
     manning structure as it relates

[[Page S4492]]

     to JIATF-West's ability to conduct counter-narcotics 
     missions;
       (4) review the JIATF-West's December 2015-May 2017 
     reorganization initiative and its impact, if any, on 
     improving mission performance;
       (5) review the JIATF-West's leadership, including an 
     assessment of--
       (A) the role of a Coast Guard flag officer as the director 
     as compared to the Coast Guard's role in JIAFT-South; and
       (B) the process used by the JIATF-West for developing and 
     implementing its December 2015-May 2017 reorganization 
     initiative, including how it assessed progress and solicited 
     feedback on the initiative;
       (C) its general management and personnel practices, and 
     their impact, if any, on mission performance;
       (6) include recommendations for improving the JIATF-West's 
     performance; and
       (7) review whether there is any redundancy between DHS-JTF 
     and JIATF-South or JIATF-West.
       (d) Report.--The Comptroller General shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the findings of 
     the study under subsection (b), including any recommendations 
     for improving the counter-narcotics and illegal migrant 
     operations of the JIATF-West or DHS-JTF.

     SEC. 3668. SAFETY OF VESSELS OF THE ARMED FORCES.

       (a) In General.--Section 91 of title 14, United States 
     Code, is amended--
       (1) in the heading, by striking ``naval vessels'' and 
     inserting ``vessels of the armed forces'';
       (2) in subsection (a), by striking ``United States naval 
     vessel'' and inserting ``vessel of the armed forces''; and
       (3) in subsection (b)--
       (A) by striking ``senior naval officer present in command'' 
     and inserting ``senior officer present in command''; and
       (B) by striking ``United States naval vessel'' and 
     inserting ``vessel of the armed forces''.
       (b) Table of Contents.--The table of contents of chapter 5 
     of title 14, United States Code, is amended by amending the 
     item relating to section 91 to read as follows:

``91. Safety of vessels of the armed forces.''.

     SEC. 3669. PROTECTING AGAINST UNMANNED AIRCRAFT.

       (a) Protecting Against Unmanned Aircraft.--Chapter 5 of 
     title 14, United States Code, is amended by inserting after 
     section 91, the following:

     ``Sec. 91A. Protecting against unmanned aircraft

       ``(a) Authority.--Notwithstanding title 18 (including 
     section 32 (commonly known as the Aircraft Sabotage Act), 
     section 1030 (commonly known as the Computer Fraud and Abuse 
     Act), sections 2510-2522 (commonly known as the Wiretap Act), 
     and sections 3121-3127 (commonly known as the Pen/Trap 
     Statute)), and section 46502 of title 49, the Secretary, or 
     the Secretary's designee, may take such action as necessary 
     to mitigate, prevent, or respond to the operation of an 
     unmanned aircraft that could interfere with the security or 
     safe navigation of--
       ``(1) any vessel or aircraft of the Coast Guard; or
       ``(2) any vessel the Coast Guard is assisting or escorting.
       ``(b) Remedy.--
       ``(1) In general.--The exclusive remedy for any cause of 
     action by the owner or operator of an unmanned aircraft 
     arising from such action as necessary taken under this 
     section shall be limited to the monetary value of the 
     unmanned aircraft at the time such action as necessary is 
     taken.
       ``(2) Indemnification.--The senior member present and all 
     persons acting under that officer's direction shall be 
     indemnified from any penalties or actions for damages arising 
     from such action as necessary taken under this section.
       ``(c) Policy Development.--The Secretary, in coordination 
     with the Secretary of Transportation, shall develop policy 
     for the actions authorized in subsection (a).
       ``(d) Notice.--
       ``(1) In general.--Any notice, regulation, or amendment to 
     an existing regulation promulgated pursuant to this section 
     shall be deemed a military function of the United States, and 
     the Secretary shall promulgate such notice, regulation, or 
     amendment without regard to chapters 5 and 6 of title 5, and 
     Executive Orders 12866 and 13563.
       ``(2) Rule of construction.--Nothing in this section shall 
     be construed to require the Secretary of Homeland Security to 
     publish information concerning any aspect of any assistance 
     or escort that the Coast Guard may conduct.
       ``(e) Penalties.--Any person who operates an unmanned 
     aircraft which interferes with the security or safe 
     navigation of a vessel or aircraft described in subsection 
     (a) shall be subject to a civil penalty or criminal penalty.
       ``(1) Civil penalty.--
       ``(A) Any person whom Secretary the finds, after notice and 
     an opportunity for a hearing, to have violated this section 
     or a regulation issued hereunder shall be liable to the 
     United States for a civil penalty, not to exceed $25,000 for 
     each violation. The amount of such civil penalty shall be 
     assessed by the Secretary, or the Secretary's designee, by 
     written notice. In determining the amount of such penalty, 
     the Secretary shall take into account the nature, 
     circumstances, extent and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, any history of prior offenses, ability to pay, 
     and such other matters as justice may require.
       ``(B) The Secretary may compromise, modify, or remit, with 
     or without conditions, any civil penalty which is subject to 
     imposition or which has been imposed under this section.
       ``(C) If any person fails to pay an assessment of a civil 
     penalty after it has become final, the Secretary may refer 
     the matter to the Attorney General of the United States, for 
     collection in any appropriate district court of the United 
     States.
       ``(2) Criminal penalty.--
       ``(A) Any person who willfully and knowingly violates this 
     section or any regulation issued hereunder commits a class D 
     felony.
       ``(B) Any person who, in the willful and knowing violation 
     of this section or of any regulation issued hereunder engages 
     in conduct that causes bodily injury to any person or damage 
     to any vessel or aircraft described in subsection (a) commits 
     a class C felony.
       ``(f) Definitions.--In this section:
       ``(1) Interfere.--The term `interfere', with respect to 
     security or safe navigation, means--
       ``(A) inflict or otherwise cause physical harm to a person;
       ``(B) inflict or otherwise cause damage to a vessel or 
     aircraft described in subsection (a);
       ``(C) impede the operation of a vessel or aircraft 
     described in subsection (a), including the diversion of a 
     crewmember from a duty related to such vessel or aircraft;
       ``(D) conduct unauthorized surveillance or reconnaissance; 
     or
       ``(E) result in unauthorized access to, or disclosure of, 
     classified, or otherwise lawfully protected information.
       ``(2) Such action as necessary.--The term `such action as 
     necessary' means any action to disable, disrupt or exercise 
     control of, seize, or destroy an unmanned aircraft.
       ``(3) Unmanned aircraft.--The term`unmanned aircraft' has 
     the meaning given the term in section 331 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).''.
       (b) Technical and Conforming Amendments.--Title 14, United 
     States Code, is amended--
       (1) in the heading for section 91, by striking ``naval 
     vessels'' and inserting ``vessels of the armed forces''; and
       (2) in the analysis for chapter 5--
       (A) in the item relating to section 91, by striking ``naval 
     vessels'' and inserting ``vessels of the armed forces''; and
       (B) by inserting, after the item relating to section 91, 
     the following:

``91A. Protecting against unmanned aircraft.''.

     SEC. 3670. JURISDICTION AND VENUE.

       Section 70504(b) of title 46, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``the district court of the United States for--'' and 
     inserting ``in any district court of the United States.''; 
     and
       (2) by striking paragraphs (1) and (2).

                       Subtitle E--Miscellaneous

     SEC. 3681. SHIP SHOAL LIGHTHOUSE TRANSFER; REPEAL.

       Section 27 of the Coast Guard Authorization Act of 1991 
     (Public Law 102-241; 105 Stat. 2218) is repealed.

     SEC. 3682. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

       (a) Expedited Hiring Authority.--
       (1) In general.--Chapter 15 of title 14, United States 
     Code, is amended by inserting after section 563 the 
     following:

     ``Sec. 563a. Acquisition workforce expedited hiring authority

       ``For purposes of section 3304 of title 5, the Commandant 
     of the Coast Guard may--
       ``(1) designate any category of acquisition positions 
     within the Coast Guard as shortage category positions; and
       ``(2) use the authorities in such section to recruit and 
     appoint highly qualified persons directly to positions so 
     designated.''.
       (2) Table of contents.--The table of contents of chapter 15 
     of title 14, United States Code, is amended by inserting 
     after the item relating to section 563 the following:

``563a. Acquisition workforce expedited hiring authority.''.
       (3) Repeal.--Section 404 of the Coast Guard Authorization 
     Act of 2010 (Public Law 111-281; 124 Stat. 2950) is repealed.
       (b) Acquisition Workforce Reemployment Authority.--
       (1) In general.--Chapter 15 of title 14, as amended by 
     subsection (a) of this section, is further amended by 
     inserting after section 563a the following:

     ``Sec. 563b. Acquisition workforce reemployment authority

       ``(a) In General.--Except as provided in subsection (b), if 
     an annuitant receiving an annuity from the Civil Service 
     Retirement and Disability Fund becomes employed in any 
     category of acquisition positions designated by the 
     Commandant of the Coast Guard under section 563a of this 
     title, the annuity of an annuitant so employed shall 
     continue. An annuitant so reemployed shall not be considered 
     an employee for purposes of subchapter III of chapter 83 or 
     chapter 84 of title 5.
       ``(b)(1) Election.--An annuitant retired under section 
     8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity 
     from the Civil Service Retirement and Disability Fund, who 
     becomes employed in a position within

[[Page S4493]]

     the Coast Guard after the date of enactment of the National 
     Defense Authorization Act for Fiscal Year 2018', may elect to 
     be subject to section 8344 or 8468 of such title (as the case 
     may be).
       ``(A) Deadline.--An election for coverage under this 
     subsection shall be filed not later than 90 days after the 
     Commandant takes reasonable actions to notify employees who 
     may file an election.
       ``(B) Coverage.--If an employee files an election under 
     this subsection, coverage shall be effective beginning on the 
     first day of the first applicable pay period beginning on or 
     after the date of the filing of the election.
       ``(2) Application.--Paragraph (1) shall apply to an 
     individual who is eligible to file an election under 
     paragraph (1) and does not file a timely election under this 
     subsection.''.
       (2) Table of contents.--The table of contents of chapter 15 
     of title 14, United States Code, as amended in subsection (a) 
     of this section, is further amended by inserting after the 
     item relating to section 563a the following:

``563b. Acquisition workforce reemployment authority.''.

     SEC. 3683. DRAWBRIDGES.

       (a) Purposes.--The purposes of this section are--
       (1) to ensure the public is made aware of any temporary 
     change to a drawbridge operating schedule; and
       (2) to ensure the operators are maintaining logbook records 
     of drawbridge movement.
       (b) Temporary Changes to Drawbridge Operating Schedules.--
     Section 5 of the Act entitled ``An Act making appropriations 
     for the construction, repair, and preservation of certain 
     public works on rivers and harbors, and for other purposes'', 
     approved August 18, 1894 (33 U.S.C. 499), is amended by 
     adding at the end the following--
       ``(d) Temporary Changes to Drawbridge Operating 
     Schedules.--Notwithstanding section 553 of title 5, United 
     States Code, whenever a temporary change to the operating 
     schedule of a drawbridge, lasting 180 days or less--
       ``(1) is approved--
       ``(A) the Secretary of the department in which the Coast 
     Guard is operating shall--
       ``(i) issue a deviation approval letter to the bridge 
     owner; and
       ``(ii) announce the temporary change in--

       ``(I) the Local Notice to Mariners;
       ``(II) broadcast notices to mariners through radio 
     stations; or
       ``(III) such other local media as the Secretary considers 
     appropriate; and

       ``(B) the bridge owner, except a railroad bridge owner, 
     shall notify--
       ``(i) the public by publishing notice of the temporary 
     change in a newspaper of general circulation published in the 
     place where the bridge is located;
       ``(ii) the department, agency, or office of transportation 
     with jurisdiction over the roadway that abuts the approaches 
     to the bridge; and
       ``(iii) the law enforcement organization with jurisdiction 
     over the roadway that abuts the approaches to the bridge; or
       ``(2) is denied, the Secretary of the department in which 
     the Coast Guard is operating shall--
       ``(A) not later than 10 days after the date of receipt of 
     the request, provide the bridge owner in writing the reasons 
     for the denial, including any supporting data and evidence 
     used to make the determination; and
       ``(B) provide the bridge owner a reasonable opportunity to 
     address each reason for the denial and resubmit the request.
       ``(e) Drawbridge Movements.--The Secretary of the 
     department in which the Coast Guard is operating--
       ``(1) shall require a drawbridge operator to record each 
     movement of the drawbridge in a logbook;
       ``(2) may inspect the log to ensure drawbridge movement is 
     in accordance with the posted operating schedule;
       ``(3) shall review whether deviations from the posted 
     operating schedule are impairing vehicular and pedestrian 
     traffic; and
       ``(4) may determine if the operating schedule should be 
     adjusted for efficiency of maritime or vehicular and 
     pedestrian traffic.
       ``(f) Requirements.--
       ``(1) Records.--An operator of a drawbridge built across a 
     navigable river or other water of the United States--
       ``(A) that opens the draw of such bridge for the passage of 
     a vessel, shall maintain for not less than 5 years a logbook 
     record of--
       ``(i) the bridge identification and date of each opening;
       ``(ii) the bridge tender or operator for each opening;
       ``(iii) each time it is opened for navigation;
       ``(iv) each time it is closed for navigation;
       ``(v) the number and direction of vessels passing through 
     during each opening;
       ``(vi) the types of vessels passing through during each 
     opening;
       ``(vii) an estimated or known size (height, length, and 
     beam) of the largest vessel passing through during each 
     opening;
       ``(viii) for each vessel, the vessel name and registration 
     number if easily observable; and
       ``(ix) all maintenance openings, malfunctions, or other 
     comments; and
       ``(B) that remains open to navigation but closes to allow 
     for trains to cross, shall maintain for not less than 5 years 
     a record of--
       ``(i) the bridge identification and date of each opening;
       ``(ii) the bridge tender or operator;
       ``(iii) each time it is opened to navigation;
       ``(iv) each time it is closed to navigation; and
       ``(v) all maintenance openings, malfunctions, or other 
     comments.
       ``(2) Submission of records.--At the request of the 
     Secretary of the department in which the Coast Guard is 
     operating, a drawbridge operator shall submit to the 
     Secretary such logbook records under paragraph (1) as the 
     Secretary considers necessary to carry out this section.
       ``(3) Exemption.--The requirements under paragraph (1) of 
     this section shall be exempt from sections 3501 through 3521 
     of title 44, United States Code.''.

     SEC. 3684. INCENTIVE CONTRACT; COAST GUARD YARD AND 
                   INDUSTRIAL ESTABLISHMENTS.

       (a) In General.--Whenever the parties to a project order 
     for industrial work to be performed by the Coast Guard Yard 
     or a designated Coast Guard industrial establishment agree 
     that delivery or technical performance of the wage-grade 
     industrial employees may, during the term of such project 
     order, improve, the parties to such project order may, 
     notwithstanding any other provision of law, including any 
     provision of law that provides for the time or purpose of 
     appropriated funds, enter into an incentive project order or 
     a cost-plus-incentive-fee project order by which an agreed 
     upon amount of the adjustment to be made pursuant to section 
     648(a) of title 14, United States Code, may, notwithstanding 
     that provision of law or any other provision of law, be 
     distributed as an incentive to the wage-grade industrial 
     employees who completed the project order.
       (b) Condition.--Before entering into an incentive project 
     order or a cost-plus-incentive-fee project order, the 
     commanding officer of the Coast Guard Yard or the commanding 
     officer of the Coast Guard industrial establishment, as the 
     case may be, shall complete a determination and finding for 
     such incentive project order or cost-plus-incentive-fee 
     project order that justifies the use of such project order as 
     in the best interest of the Federal Government.
       (c) Treatment of Incentive Award.--Notwithstanding any 
     other provision of law, in the event that the industrial 
     workforce of the Coast Guard Yard or a Coast Guard industrial 
     establishment satisfies the performance target set out in an 
     incentive project order or a cost-plus-incentive-fee project 
     order--
       (1) the adjustment to be made pursuant to section 648(a) of 
     title 14, United States Code, shall, notwithstanding that 
     provision of law, be reduced by the agreed amount and 
     distributed as an incentive to such wage-grade industrial 
     employees; and
       (2) the remainder of the adjustment shall be credited to 
     the appropriation current at that time.

     SEC. 3685. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE 
                   PORTABILITY.

       (a) In General.--Section 1094(d)(1) of title 10, United 
     States Code, shall apply in the same manner and to the same 
     degree as such section applies to a health-care professional 
     described in subsection (d)(2) of that section to a health-
     care professional described in subsection (b) of this 
     section.
       (b) Health-care Professional.--A health-care professional 
     described in this subsection is a member of the Coast Guard, 
     civilian employee of the Coast Guard, member of the Public 
     Health Service assigned to the Coast Guard, personal services 
     contractor under section 1091 of title 10, United States 
     Code, or other health-care professional credentialed and 
     privileged at a Federal health care institution or location 
     specially designated by the Secretary of the department in 
     which the Coast Guard is operating for this purpose who--
       (1) has a current license to practice medicine, osteopathic 
     medicine, dentistry, or another health profession; and
       (2) is performing authorized duties for the Coast Guard.

     SEC. 3686. LAND EXCHANGE; AYAKULIK ISLAND, ALASKA.

       (a) Land Exchange; Ayakulik Island, Alaska.--If the owner 
     of Ayakulik Island, Alaska, offers to exchange the Island for 
     the Tract--
       (1) within 10 days after receiving such offer, the 
     Secretary shall provide notice of the offer to the 
     Commandant;
       (2) within 60 days after receiving the notice under 
     paragraph (1), the Commandant shall develop and transmit to 
     the Secretary proposed operational restrictions on commercial 
     activity conducted on the Tract, including the right of the 
     Commandant to--
       (A) order the immediate termination, for a period of up to 
     72 hours, of any activity occurring on or from the Tract that 
     violates or threatens to violate 1 or more of such 
     restrictions; or
       (B) commence a civil action for appropriate relief, 
     including a permanent or temporary injunction enjoining the 
     activity that violates or threatens to violate such 
     restrictions;
       (3) within 30 days after receiving the proposed operational 
     restrictions from the Commandant, the Secretary shall 
     transmit such restrictions to the owner of Ayakulik Island; 
     and
       (4) within 30 days after transmitting the proposed 
     operational restrictions to the owner of Ayakulik Island, and 
     if the owner agrees to such restrictions, the Secretary

[[Page S4494]]

     shall convey all right, title, and interest of the United 
     States in and to the Tract to the owner, subject to an 
     easement granted to the Commandant to enforce such 
     restrictions, in exchange for all right, title, and interest 
     of such owner in and to Ayakulik Island.
       (b) Boundary Revisions.--The Secretary may make technical 
     and conforming revisions to the boundaries of the Tract 
     before the date of the exchange.
       (c) Public Land Order.--Effective on the date of an 
     exchange under subsection (a), Public Land Order 5550 shall 
     have no force or effect with respect to submerged lands that 
     are part of the Tract.
       (d) Failure to Timely Respond to Notice.--If the Commandant 
     does not transmit proposed operational restrictions to the 
     Secretary within 60 days after receiving the notice under 
     subsection (a)(1), the Secretary shall, by not later than 75 
     days after transmitting such notice, convey all right, title, 
     and interest of the United States in and to the Tract to the 
     owner of Ayakulik Island in exchange for all right, title, 
     and interest of such owner in and to Ayakulik Island.
       (e) CERCLA.--
       (1) In general.--This section and an exchange under this 
     section shall not be construed to limit the application of or 
     otherwise affect section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)).
       (2) Exemption.--Notwithstanding paragraph (1), the Coast 
     Guard shall be exempt from liability under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)).
       (f) Definitions.--In this section:
       (1) Commandant.--The term ``Commandant'' means the 
     Secretary of the department in which the Coast Guard is 
     operating, acting through the Commandant of the Coast Guard.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Tract.--The term ``Tract'' means the land (including 
     submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE 
     AREA'' on the survey titled ``PROPOSED PROPERTY EXCHANGE 
     PARCEL'' and dated March 22, 2017.

     SEC. 3687. ABANDONED SEAFARERS FUND AMENDMENTS.

       Section 11113 of title 46, United States Code, is amended--
       (1) in subsection (a)(2), by striking ``may be appropriated 
     to the Secretary'' in the matter before subparagraph (A) and 
     inserting ``shall be available to the Secretary without 
     further appropriation, and shall remain available until 
     expended,''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``plus a surcharge of 25 
     percent of such total amount,'' after ``seafarer,'' in the 
     matter preceding subparagraph (A); and
       (B) by striking paragraph (4).

     SEC. 3688. SMALL SHIPYARD CONTRACTS.

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by inserting after section 667 the 
     following:

     ``Sec. 667a. Construction of Coast Guard vessels and 
       assignment of vessel projects

       ``The assignment of Coast Guard vessel conversion, 
     alteration, and repair projects shall be based on economic 
     and military considerations and may not be restricted by a 
     requirement that certain parts of Coast Guard shipwork be 
     assigned to a particular type of shipyard or geographical 
     area or by a similar requirement.''.
       (b) Table of Contents.--The table of contents of chapter 17 
     of title 14, United States Code, is amended by inserting 
     after the item relating to section 667 the following:

``667a. Construction of Coast Guard vessels and assignment of vessel 
              projects.''.

     SEC. 3689. WESTERN CHALLENGER; CERTIFICATE OF DOCUMENTATION.

       Section 604(b) of the Howard Coble Coast Guard and Maritime 
     Transportation Act of 2014 (Public Law 113-281; 128 Stat. 
     3062) is amended by inserting ``and a fisheries endorsement'' 
     after ``endorsement''.

     SEC. 3690. RADAR REFRESHER TRAINING.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall prescribe a final rule eliminating the 
     requirement that a mariner actively using the mariner's 
     credential complete an approved refresher or recertification 
     course to maintain a radar observer endorsement. This 
     rulemaking shall be exempt from chapters 5 and 6 of title 5, 
     United States Code, and Executive Orders 12866 and 13563.

     SEC. 3691. VESSEL RESPONSE PLAN AUDIT.

       (a) Requirement for Audit.--Not later than 1 year after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall complete and submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives an audit of the verification and approval 
     process of the Coast Guard for vessel response plans required 
     under section 311 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1321).
       (b) Review and Recommendations.--The audit required by 
     subsection (a) shall--
       (1) review and make recommendations regarding the 
     verification and approval process of the Coast Guard for 
     vessel response plans required under section 311 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321) for--
       (A) the current Coast Guard staffing model and organization 
     used for such process;
       (B) the amount of time expended by the Coast Guard 
     verifying and approving such vessel response plans; and
       (C) the amount of time expended by the Coast Guard for 
     verification and approval of a single such vessel response 
     plan; and
       (2) include a detailed analysis of--
       (A) such process beginning with initial submission from the 
     vessel through final approval;
       (B) how such process ensures compliance with applicable 
     statutes and regulations;
       (C) the role of local and regional Coast Guard units in 
     such process;
       (D) any public comment or other forms of engagement with 
     regional stakeholders, including State governments and Indian 
     tribes;
       (E) any engagement or utilization of Federal or State 
     agency resources and consultation, including weather data 
     systems, oil spill trajectory modeling, or risk management 
     information for the purposes of reviewing vessel response 
     plans;
       (F) how the Coast Guard verifies availability and 
     contractual obligation of resources required in a such a 
     vessel response plan;
       (G) the resources available and used by the Coast Guard to 
     verify operational capability and capacity of equipment 
     listed in a vessel response plan for the applicable operating 
     environment;
       (H) how the Coast Guard verifies alternate measures when a 
     vessel cannot meet the National Planning Criteria;
       (I) the weather data, modeling software, and information 
     systems available and used by the Coast Guard when 
     determining compliance for response resource mobilization 
     times stipulated in regulation;
       (J) how the Coast Guard factors in regional specific 
     adverse weather, as defined in section 155.1020 of title 33, 
     Code of Federal Regulations, in determining compliance for 
     response resource mobilization times stipulated in 
     regulation;
       (K) how the Coast Guard reviews and verifies previously 
     approved vessel response plans for compliance when there is a 
     change in statute or regulation which effects response 
     planning criteria or resource mobilization times;
       (L) the Coast Guard process for calculating compliance for 
     response resource mobilization times stipulated in statute 
     and regulation;
       (M) how the Coast Guard verifies availability and 
     compliance with response resource mobilization requirements 
     for different geographic regions;
       (N) how the Coast Guard ensures vessel response plans are 
     adapted and updated to account for new regional response 
     needs, such as regional trends of transportation of heavy 
     oils and volume of traffic;
       (O) the Coast Guard processes and actions taken if an 
     approved vessel response plan is discovered to be 
     noncompliant;
       (P) how such process could be improved; and
       (Q) the resources needed to improve such process.

     SEC. 3692. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL 
                   RESEARCH AND RESPONSE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall establish a Center of Expertise for Great Lakes Oil 
     Spill Preparedness and Response (referred to in this section 
     as the ``Center of Expertise'') in accordance with section 58 
     of title 14, United States Code.
       (b) Location.--The Center of Expertise shall be located in 
     close proximity to--
       (1) critical crude oil transportation infrastructure on and 
     connecting the Great Lakes, such as submerged pipelines and 
     high-traffic navigation locks; and
       (2) an institution of higher education with adequate 
     aquatic research laboratory facilities and capabilities and 
     expertise in Great Lakes aquatic ecology, environmental 
     chemistry, fish and wildlife, and water resources.
       (c) Functions.--The Center of Expertise shall--
       (1) monitor and assess, on an ongoing basis, the current 
     state of knowledge regarding freshwater oil spill response 
     technologies and the behavior and effects of oil spills in 
     the Great Lakes;
       (2) identify any significant gaps in Great Lakes oil spill 
     research, including an assessment of major scientific or 
     technological deficiencies in responses to past spills in the 
     Great Lakes and other freshwater bodies, and seek to fill 
     those gaps;
       (3) conduct research, development, testing, and evaluation 
     for freshwater oil spill response equipment, technologies, 
     and techniques to mitigate and respond to oil spills in the 
     Great Lakes;
       (4) educate and train Federal, State, and local first 
     responders located in United States Coast Guard District 9 
     in--
       (A) the incident command system structure;
       (B) Great Lakes oil spill response techniques and 
     strategies; and
       (C) public affairs; and
       (5) work with academic and private sector response training 
     centers to develop and standardize maritime oil spill 
     response training and techniques for use on the Great Lakes.
       (d) Definition.--In this section, the term ``Great Lakes'' 
     means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, 
     and Lake Ontario.

[[Page S4495]]

  


               Subtitle F--Department of Commerce Vessels

     SEC. 3701. WAIVERS FOR CERTAIN CONTRACTS.

       Section 3134 of title 40, United States Code, is amended--
       (1) by inserting ``Secretary of Homeland Security,'' after 
     ``Air Force,'' each place it appears; and
       (2) by adding at the end the following:
       ``(c) Commerce.--The Secretary of Commerce may waive this 
     subchapter with respect to contracts for the construction, 
     alteration, or repair of vessels, regardless of the terms of 
     the contracts as to payment or title, when the contract is 
     made under the Act entitled `An Act to define the functions 
     and duties of the Coast and Geodetic Survey, and for other 
     purposes', approved August 6, 1947 (33 U.S.C. 883a et 
     seq.).''.

   Subtitle G--Federal Maritime Commission Authorization Act of 2017

     SEC. 3711. SHORT TITLE.

       This subtitle may be cited as the ``Federal Maritime 
     Commission Authorization Act of 2017''.

     SEC. 3712. AUTHORIZATION OF APPROPRIATIONS.

       Section 308 of title 46, United States Code, is amended by 
     striking ``$24,700,000 for each of fiscal years 2016 and 
     2017'' and inserting ``$28,490,000 for each of fiscal years 
     2018 and 2019''.

     SEC. 3713. RECORD OF MEETINGS AND VOTES.

       (a) In General.--Section 303 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 303. Meetings

       ``(a) In General.--The Federal Maritime Commission shall be 
     deemed to be an agency for purposes of section 552b of title 
     5.
       ``(b) Record.--The Commission, through its secretary, shall 
     keep a record of its meetings and the votes taken on any 
     action, order, contract, or financial transaction of the 
     Commission.
       ``(c) Nonpublic Collaborative Discussions.--
       ``(1) In general.--Notwithstanding section 552b of title 5, 
     a majority of the Commissioners may hold a meeting that is 
     not open to public observation to discuss official agency 
     business if--
       ``(A) no formal or informal vote or other official agency 
     action is taken at the meeting;
       ``(B) each individual present at the meeting is a 
     Commissioner or an employee of the Commission; and
       ``(C) the General Counsel of the Commission is present at 
     the meeting.
       ``(2) Disclosure of nonpublic collaborative discussions.--
     Except as provided under paragraph (3), not later than 2 
     business days after the conclusion of a meeting under 
     paragraph (1), the Commission shall make available to the 
     public, in a place easily accessible to the public--
       ``(A) a list of the individuals present at the meeting; and
       ``(B) a summary of the matters discussed at the meeting, 
     except for any matters the Commission properly determines may 
     be withheld from the public under section 552b(c) of title 5.
       ``(3) Exception.--If the Commission properly determines 
     matters may be withheld from the public under section 555b(c) 
     of title 5, the Commission shall provide a summary with as 
     much general information as possible on those matters 
     withheld from the public.
       ``(4) Ongoing proceedings.--If a meeting under paragraph 
     (1) directly relates to an ongoing proceeding before the 
     Commission, the Commission shall make the disclosure under 
     paragraph (2) on the date of the final Commission decision.
       ``(5) Preservation of open meetings requirements for agency 
     action.--Nothing in this subsection may be construed to limit 
     the applicability of section 552b of title 5 with respect to 
     a meeting of the Commissioners other than that described in 
     this subsection.
       ``(6) Statutory construction.--Nothing in this subsection 
     may be construed--
       ``(A) to limit the applicability of section 552b of title 5 
     with respect to any information which is proposed to be 
     withheld from the public under paragraph (2)(B) of this 
     subsection; or
       ``(B) to authorize the Commission to withhold from any 
     individual any record that is accessible to that individual 
     under section 552a of title 5.''.
       (b) Table of Contents.--The table of contents of chapter 3 
     of title 46, United States Code, is amended by amending the 
     item relating to section 303 to read as follows:

``303. Meetings.''.

     SEC. 3714. PUBLIC PARTICIPATION.

       (a) Notice of Filing.--Section 40304(a) of title 46, United 
     States Code, is amended to read as follows:
       ``(a) Notice of Filing.--Not later than 7 days after the 
     date an agreement is filed, the Federal Maritime Commission 
     shall--
       ``(1) transmit a notice of the filing to the Federal 
     Register for publication; and
       ``(2) request interested persons to submit relevant 
     information and documents.''.
       (b) Request for Information and Documents.--Section 
     40304(d) of title 46, United States Code, is amended by 
     striking ``section'' and inserting ``part''.
       (c) Saving Clause.--Nothing in this section, or the 
     amendments made by this section, may be construed--
       (1) to prevent the Federal Maritime Commission from 
     requesting from a person, at any time, any additional 
     information or documents the Commission considers necessary 
     to carry out chapter 403 of title 46, United States Code;
       (2) to prescribe a specific deadline for the submission of 
     relevant information and documents in response to a request 
     under section 40304(a)(2) of title 46, United States Code; or
       (3) to limit the authority of the Commission to request 
     information under section 40304(d) of title 46, United States 
     Code.

     SEC. 3715. REPORTS FILED WITH THE COMMISSION.

       Section 40104(a) of title 46, United States Code, is 
     amended to read as follows:
       ``(a) Reports.--
       ``(1) In general.--The Federal Maritime Commission may 
     require a common carrier or marine terminal operator, or an 
     officer, receiver, trustee, lessee, agent, or employee of the 
     common carrier or marine terminal operator to file with the 
     Commission a periodical or special report, an account, 
     record, rate, or charge, or a memorandum of facts and 
     transactions related to the business of the common carrier or 
     marine terminal operator, as applicable.
       ``(2) Requirements.--The report, account, record, rate, 
     charge, or memorandum shall--
       ``(A) be made under oath if the Commission requires; and
       ``(B) be filed in the form and within the time prescribed 
     by the Commission.''.

     SEC. 3716. TRANSPARENCY.

       (a) In General.--Beginning not later than 60 days after the 
     date of enactment of this Act, the Federal Maritime 
     Commission shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives biannual reports that describe the 
     Commission's progress toward addressing the issues raised in 
     each unfinished regulatory proceeding, regardless of whether 
     the proceeding is subject to a statutory or regulatory 
     deadline.
       (b) Format of Reports.--Each report under subsection (a) 
     shall, among other things, clearly identify for each 
     unfinished regulatory proceeding--
       (1) the popular title;
       (2) the current stage of the proceeding;
       (3) an abstract of the proceeding;
       (4) what prompted the action in question;
       (5) any applicable statutory, regulatory, or judicial 
     deadline;
       (6) the associated docket number;
       (7) the date the rulemaking was initiated;
       (8) a date for the next action; and
       (9) if a date for next action identified in the previous 
     report is not met, the reason for the delay.

     SEC. 3717. NEGOTIATIONS.

       (a) Exceptions.--Section 40307(b)(1) of title 46, United 
     States Code, is amended by inserting ``tug operators,'' after 
     ``motor carriers,''.
       (b) Concerted Action.--Section 41105 of title 46, United 
     States Code, is amended--
       (1) in paragraph (4)--
       (A) by striking ``non-ocean carrier'' and inserting ``tug 
     operator, non-ocean carrier,''; and
       (B) by inserting ``tug operators or'' after ``States by 
     those'';
       (2) by redesignating paragraphs (5) through (8) as 
     paragraphs (6) through (9), respectively;
       (3) by inserting after paragraph (4) the following:
       ``(5) negotiate with a marine terminal operator on any rate 
     or service matter associated with certain covered services 
     provided to ocean common carriers within the United States by 
     those marine terminal operators, unless the negotiations and 
     any resulting agreements are not in violation of the 
     antitrust laws and are consistent with the purposes of this 
     part, except that this paragraph does not prohibit the 
     setting and publishing of a joint through rate by a 
     conference, joint venture, or association of ocean common 
     carriers;'';
       (4) in the matter preceding paragraph (1), by inserting 
     ``(a) In General.--'' before ``A conference'' and indenting 
     appropriately; and
       (5) by adding at the end the following:
       ``(b) Definition of Certain Covered Services.--In this 
     section, the term `certain covered services' means berthing, 
     the loading or unloading of cargo to or from a vessel to or 
     from a point of rest on a wharf, the bunkering of such a 
     vessel, towage and tug assistance of such a vessel, or the 
     positioning, removal, or replacement of navigation buoys.''.
       (c) Technical and Conforming Amendments.--
       (1) Content requirements.--Section 40303(b)(5) of title 46, 
     United States Code, is amended by striking ``section 41105(1) 
     or (3) of this title'' and inserting ``paragraph (1) or 
     paragraph (3) of section 41105(a) of this title''; and
       (2) Award of reparations.--Section 41305(c) of title 46, 
     United States Code, is amended by striking ``section 41105(1) 
     or (3) of this title'' and inserting ``paragraph (1) or 
     paragraph (3) of section 41105(a) of this title''.
       (d) Savings Clause.--Nothing in this section or the 
     amendments made by this section shall be construed to limit 
     the authority of the Department of Justice regarding 
     antitrust matters.

     SEC. 3718. PROHIBITIONS AND PENALTIES.

       Section 41104(11) of title 46, United States Code, is 
     amended to read as follows:
       ``(11) knowingly and willfully accept cargo from or 
     transport cargo for the account of a non-vessel-operating 
     common carrier that

[[Page S4496]]

     does not have a tariff as required by section 40501 of this 
     title, or an ocean transportation intermediary that does not 
     have a bond, insurance, or other surety as required by 
     section 40902 of this title; or''.

              Subtitle H--Vessel Incidental Discharge Act

     SEC. 3721. SHORT TITLE.

       This subtitle may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. 3722. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen) that threatens the diversity or abundance of native 
     species or the ecological stability of navigable waters of 
     the United States, or commercial, agricultural, aquacultural, 
     or recreational activities dependent on such waters.
       (3) Ballast water.--The term ``ballast water'' means any 
     water and suspended matter taken on board a commercial vessel 
     to control or maintain trim, draught, stability, or stresses 
     of the commercial vessel, regardless of how it is carried.
       (4) Ballast water discharge standard.--The term ``ballast 
     water discharge standard'' means the numerical ballast water 
     discharge standard set forth in section 151.2030 of title 33, 
     Code of Federal Regulations, or section 151.1511 of such 
     title, or a revised numerical ballast water discharge 
     standard established under section 805, as applicable.
       (5) Ballast water management system.--The term ``ballast 
     water management system'' means any system (including all 
     ballast water treatment equipment and all associated control 
     and monitoring equipment) that processes ballast water to 
     kill, render harmless, or remove organisms.
       (6) Commercial vessel.--
       (A) In general.--The term ``commercial vessel'' means a 
     vessel (as defined in section 3 of title 1, United States 
     Code) that is engaged in commercial service (as defined in 
     section 2101 of title 46, United States Code).
       (B) Exclusion.--The term ``commercial vessel'' does not 
     include a recreational vessel.
       (7) Discharge incidental to the normal operation of a 
     commercial vessel.--
       (A) In general.--The term ``discharge incidental to the 
     normal operation of a commercial vessel'' means--
       (i) a discharge into navigable waters of the United States 
     from a commercial vessel of--

       (I)(aa) graywater, bilge water, cooling water, oil water 
     separator effluent, anti-fouling hull coating leachate, 
     boiler or economizer blowdown, byproducts from cathodic 
     protection, controllable pitch propeller and thruster 
     hydraulic fluid, distillation and reverse osmosis brine, 
     elevator pit effluent, firemain system effluent, freshwater 
     layup effluent, gas turbine wash water, motor gasoline and 
     compensating effluent, refrigeration and air condensate 
     effluent, seawater piping biofouling prevention substances, 
     boat engine wet exhaust, sonar dome effluent, exhaust gas 
     scrubber washwater, or stern tube packing gland effluent; or
       (bb) any other pollutant associated with the operation of a 
     marine propulsion system, shipboard maneuvering system, 
     habitability system, or installed major equipment, or from a 
     protective, preservative, or absorptive application to the 
     hull of a commercial vessel;
       (II) deck runoff, deck washdown, above the waterline hull 
     cleaning effluent, aqueous film forming foam effluent, chain 
     locker effluent, non-oily machinery wastewater, underwater 
     ship husbandry effluent, welldeck effluent, or fish hold and 
     fish hold cleaning effluent; or
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters of 
     the United States in connection with the testing, 
     maintenance, or repair of a system, equipment, or engine 
     described in subclause (I)(bb) or (III) of clause (i) 
     whenever the commercial vessel is waterborne.
       (B) Exclusions.--The term ``discharge incidental to the 
     normal operation of a commercial vessel'' does not include--
       (i) a discharge into navigable waters of the United States 
     from a commercial vessel of--

       (I) ballast water;
       (II) rubbish, trash, garbage, incinerator ash, or other 
     such material discharged overboard;
       (III) oil or a hazardous substance (as such terms are 
     defined in section 311 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321)); or
       (IV) sewage (as defined in section 312(a)(6) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(a)(6))); or

       (ii) any emission of an air pollutant resulting from the 
     operation onboard a commercial vessel of a commercial vessel 
     propulsion system, motor driven equipment, or incinerator; or
       (iii) any discharge into navigable waters of the United 
     States from a commercial vessel when the commercial vessel is 
     operating in a capacity other than as a means of 
     transportation on water.
       (8) General permit.--The term ``General Permit'' means the 
     Final National Pollutant Discharge Elimination System Vessel 
     General Permit for Discharges Incidental to the Normal 
     Operation of a Vessel noticed in the Federal Register on 
     April 12, 2013 (78 Fed. Reg. 21938).
       (9) Geographically limited area.--The term ``geographically 
     limited area'' means an area--
       (A) with a physical limitation that prevents a commercial 
     vessel from operating outside the area, such as the Great 
     Lakes and Saint Lawrence River, as determined by the 
     Secretary; or
       (B) that is ecologically homogeneous, as determined by the 
     Secretary in consultation with the heads of other Federal 
     departments or agencies the Secretary considers appropriate.
       (10) Major conversion.--The term ``major conversion'' has 
     the meaning given such term in section 2101(14a) of title 46, 
     United States Code.
       (11) Navigable waters of the united states.--The term 
     ``navigable waters of the United States'' has the meaning 
     given such term in section 2101(17a) of title 46, United 
     States Code.
       (12) Owner or operator.--The term ``owner or operator'' 
     means a person owning, operating, or chartering by demise a 
     commercial vessel.
       (13) Pollutant.--The term ``pollutant'' has the meaning 
     given such term in section 502(6) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362(6)).
       (14) Recreational vessel.--The term ``recreational vessel'' 
     has the meaning given such term in section 2101(25) of title 
     46, United States Code.
       (15) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.

     SEC. 3723. EXISTING BALLAST WATER REGULATIONS.

       (a) Effect on Existing Regulations.--Any regulation issued 
     pursuant to the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 that is in effect on the date immediately 
     preceding the effective date of this subtitle, and that 
     relates to a matter subject to regulation under this 
     subtitle, shall remain in full force and effect unless or 
     until superseded by a new regulation issued under this 
     subtitle relating to such matter.
       (b) Application of Other Regulations.--The regulations 
     issued pursuant to the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.) 
     relating to sanctions for violating a regulation under that 
     Act shall apply to violations of a regulation issued under 
     this subtitle.

     SEC. 3724. BALLAST WATER DISCHARGE REQUIREMENTS.

       (a) In General.--
       (1) Requirements.--Except as provided in paragraph (3), and 
     subject to sections 151.2035 and 151.2036 of title 33, Code 
     of Federal Regulations (as in effect on the date of the 
     enactment of this Act), an owner or operator may discharge 
     ballast water into navigable waters of the United States from 
     a commercial vessel covered under subsection (b) only if--
       (A) by applying the best available technology economically 
     achievable, the discharge meets the ballast water discharge 
     standard; and
       (B) the owner or operator discharges the ballast water in 
     accordance with other requirements established by the 
     Secretary.
       (2) Commercial vessels entering the great lakes system and 
     hudson river.--If a commercial vessel enters the Great Lakes 
     through the Saint Lawrence River or the Hudson River north of 
     the George Washington Bridge after operating outside the 
     exclusive economic zone of the United States or Canada, the 
     owner or operator shall--
       (A) comply with the requirements of--
       (i) paragraph (1);
       (ii) subpart C of part 151 of title 33, Code of Federal 
     Regulations; and
       (iii) section 401.30 of such title; and
       (B) conduct a complete ballast water exchange in an area 
     that is 200 nautical miles or more from any shore before the 
     owner or operator may discharge ballast water while operating 
     in the Saint Lawrence River or the Great Lakes, subject to 
     any requirements the Secretary determines necessary with 
     regard to such exchange, or any ballast water management 
     system that is to be used in conjunction with such exchange, 
     to ensure that any discharge of ballast water complies with 
     the requirements under paragraph (1).
       (3) Safety exemption.--Notwithstanding paragraphs (1) and 
     (2), an owner or operator may discharge any ballast water 
     into navigable waters of the United States from a commercial 
     vessel if--
       (A) the ballast water is discharged solely to ensure the 
     safety of life at sea;
       (B) the ballast water is discharged accidentally as the 
     result of damage to the commercial vessel or its equipment 
     and--
       (i) all reasonable precautions to prevent or minimize the 
     discharge have been taken; and
       (ii) the owner or operator did not willfully or recklessly 
     cause such damage; or
       (C) the ballast water is discharged solely for the purpose 
     of avoiding or minimizing a discharge from the commercial 
     vessel of a pollutant that would violate an applicable 
     Federal or State law.
       (4) Limitation on requirements.--In establishing 
     requirements under this subsection, the Secretary may not 
     require the installation of a ballast water management system 
     on a commercial vessel that--
       (A) carries all of its ballast water in sealed tanks that 
     are not subject to discharge; or
       (B) discharges ballast water solely into a reception 
     facility described in section 3727.
       (b) Applicability.--
       (1) Covered vessels.--Except as provided in paragraph (2), 
     subsection (a) shall apply to

[[Page S4497]]

     any commercial vessel that is designed, constructed, or 
     adapted to carry ballast water while such commercial vessel 
     is operating in navigable waters of the United States.
       (2) Exempted vessels.--Subsection (a) shall not apply to a 
     commercial vessel--
       (A) that continuously takes on and discharges ballast water 
     in a flow-through system, if such system does not introduce 
     aquatic nuisance species into navigable waters of the United 
     States, as determined by the Secretary;
       (B) that operates exclusively within a geographically 
     limited area;
       (C) that operates pursuant to a geographic restriction 
     issued as a condition under section 3309 of title 46, United 
     States Code, or an equivalent restriction issued by the 
     country of registration of the commercial vessel;
       (D) in the National Defense Reserve Fleet that is scheduled 
     to be disposed of through scrapping or sinking;
       (E) that discharges ballast water consisting solely of 
     water taken aboard from a public or commercial source that, 
     at the time the water is taken aboard, meets the applicable 
     regulations or permit requirements for such source under the 
     Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
       (F) in an alternative compliance program established 
     pursuant to section 3726.
       (c) Type Approval of Ballast Water Management Systems That 
     Render Ballast Water Organisms Incapable of Reproduction.--
       (1) In general.--Notwithstanding chapter 5 of title 5, 
     United States Code, part 151 of title 33, Code of Federal 
     Regulations, and part 162 of title 46, Code of Federal 
     Regulations, a ballast water management system that renders 
     organisms in ballast water incapable of reproduction at the 
     concentrations prescribed in the ballast water discharge 
     standard shall be type approved by the Secretary, if--
       (A) such system--
       (i) undergoes type approval testing at an independent 
     laboratory designated by the Secretary under such 
     regulations; and
       (ii) meets the requirements of subpart 162.060 of title 46, 
     Code of Federal Regulations, other than the requirements 
     related to staining methods or measuring the concentration of 
     living organisms; and
       (B) such laboratory uses a type approval testing method 
     described in a final policy letter published under paragraph 
     (2).
       (2) Type approval testing methods.--
       (A) Draft policy.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall publish a draft 
     policy letter describing type approval testing methods 
     capable of measuring the concentration of organisms in 
     ballast water that are capable of reproduction.
       (B) Public comment.--The Secretary shall provide for a 
     period of not more than 60 days for the public to comment on 
     the draft policy letter published under paragraph (1).
       (C) Final policy.--Not later than 150 days after the date 
     of the enactment of this Act, the Secretary shall publish a 
     final policy letter describing type approval testing methods 
     capable of measuring the concentration of organisms in 
     ballast water that are capable of reproduction.
       (D) Revisions.--The Secretary shall revise such policy 
     letter as additional testing methods are determined by the 
     Secretary to be capable of measuring the concentration of 
     organisms in ballast water that are capable of reproduction.
       (E) Considerations.--In developing a policy letter under 
     this paragraph, the Secretary--
       (i) shall consider a type approval testing method that uses 
     organism grow out and most probable number statistical 
     analysis to determine the concentration of organisms in 
     ballast water that are capable of reproduction; and
       (ii) shall not consider a type approval testing method that 
     relies on a staining method that measures the concentration 
     of organisms greater than or equal to 10 micrometers and 
     organisms less than or equal to 50 micrometers.

     SEC. 3725. REVIEW OF BALLAST WATER DISCHARGE STANDARD.

       (a) Effectiveness Review.--
       (1) In general.--The Secretary shall conduct reviews in 
     accordance with this section to determine whether revising 
     the ballast water discharge standard based on the application 
     of the best available technology economically achievable 
     would result in a reduction in the risk of the introduction 
     or establishment of aquatic nuisance species.
       (2) Required reviews.--Not later than January 1, 2022, and 
     every 10 years thereafter, the Secretary, in consultation 
     with the Administrator, shall complete a review under 
     paragraph (1).
       (3) State petitions for review.--
       (A) In general.--The Governor of a State may submit a 
     petition requesting the Secretary to conduct a review under 
     paragraph (1) if there is significant new information that 
     could reasonably indicate the ballast water discharge 
     standard could be revised to result in a reduction in the 
     risk of the introduction or establishment of aquatic nuisance 
     species.
       (B) Timing.--A Governor may not submit a petition under 
     subparagraph (A) during the 1-year period following the date 
     of completion of a review under paragraph (1).
       (C) Required information.--A petition submitted to the 
     Secretary under subparagraph (A) shall include--
       (i) a proposed ballast water discharge standard that would 
     result in a reduction in the risk of the introduction or 
     establishment of aquatic nuisance species;
       (ii) information regarding any ballast water management 
     systems that may achieve the proposed ballast water discharge 
     standard;
       (iii) the scientific and technical information on which the 
     petition is based, including a description of the risk 
     reduction that would result from the proposed ballast water 
     discharge standard included under clause (i); and
       (iv) any additional information the Secretary considers 
     appropriate.
       (D) Public availability.--Upon receiving a petition under 
     subparagraph (A), the Secretary shall make publicly available 
     a copy of the petition, including the information included 
     under subparagraph (C).
       (E) Treatment of more than one petition as a single 
     petition.--The Secretary may treat more than one petition 
     submitted under subparagraph (A) as a single such petition.
       (F) Authority to review.--After receiving a petition that 
     meets the requirements of this paragraph, the Secretary, in 
     consultation with the Administrator, may conduct a review 
     under paragraph (1).
       (b) Practicability Review.--
       (1) In general.--If the Secretary determines under 
     subsection (a) that revision of the ballast water discharge 
     standard would result in a reduction in the risk of the 
     introduction or establishment of aquatic nuisance species, 
     the Secretary, in consultation with the Administrator, shall 
     conduct a practicability review to determine whether--
       (A) a ballast water management system that is capable of 
     achieving the ballast water discharge standard as proposed to 
     be revised is economically achievable and operationally 
     practicable; and
       (B) testing protocols that can assure accurate measurement 
     of compliance with the ballast water discharge standard as 
     proposed to be revised can be practicably implemented.
       (2) Criteria for practicability review.--In conducting a 
     practicability review under paragraph (1), the Secretary 
     shall consider--
       (A) improvements in the scientific understanding of 
     biological and ecological processes that lead to the 
     introduction or establishment of aquatic nuisance species;
       (B) improvements in ballast water management systems, 
     including--
       (i) the capability of such systems to achieve the ballast 
     water discharge standard as proposed to be revised;
       (ii) the effectiveness and reliability of such systems in 
     the shipboard environment;
       (iii) the compatibility of such systems with the design and 
     operation of a commercial vessel by class, type, and size;
       (iv) the commercial availability of such systems; and
       (v) the safety of such systems;
       (C) improvements in the capabilities to detect, quantify, 
     and assess whether aquatic nuisance species are capable of 
     reproduction under the ballast water discharge standard as 
     proposed to be revised;
       (D) the impact of ballast water management systems on water 
     quality;
       (E) the costs, cost-effectiveness, and effects of--
       (i) a revised ballast water discharge standard; and
       (ii) maintaining the existing ballast water discharge 
     standard; and
       (F) other criteria that the Secretary considers 
     appropriate.
       (3) Information from states.--In conducting a 
     practicability review under paragraph (1), the Secretary 
     shall solicit information from the States concerning matters 
     the Secretary is required to consider under paragraph (2).
       (c) Revised Ballast Water Discharge Standard.--The 
     Secretary shall issue a rule to revise the ballast water 
     discharge standard if the Secretary, in consultation with the 
     Administrator, determines on the basis of the practicability 
     review under subsection (b) that--
       (1) a ballast water management system that is capable of 
     achieving the ballast water discharge standard as proposed to 
     be revised is economically achievable and operationally 
     practicable; and
       (2) testing protocols that can assure accurate measurement 
     of compliance with the ballast water discharge standard as 
     proposed to be revised can be practicably implemented.
       (d) Revised Ballast Water Discharge Standard Effective Date 
     and Compliance Deadline.--
       (1) In general.--If the Secretary issues a rule to revise 
     the ballast water discharge standard under subsection (c), 
     the Secretary shall include in such rule--
       (A) an effective date for the revised ballast discharge 
     standard that is 3 years after the date on which such rule is 
     published in the Federal Register; and
       (B) for the owner or operator of a commercial vessel that 
     is constructed or completes a major conversion on or after 
     the date that is 3 years after the date on which the rule is 
     published in the Federal Register, a deadline to comply with 
     the revised ballast water discharge standard that is the 
     first day on which such commercial vessel operates in 
     navigable waters of the United States.
       (2) Extensions.--The Secretary shall establish a process 
     for an owner or operator to submit a petition to the 
     Secretary for an extension of a compliance deadline under 
     paragraph (1)(B).

[[Page S4498]]

       (3) Factors.--In reviewing a petition under this 
     subsection, the Secretary shall consider, with respect to the 
     ability of an owner or operator to meet a compliance 
     deadline--
       (A) whether the ballast water management system to be 
     installed, if applicable, is available in sufficient 
     quantities to meet the compliance deadline;
       (B) whether there is sufficient shipyard or other 
     installation facility capacity;
       (C) whether there is sufficient availability of engineering 
     and design resources;
       (D) commercial vessel characteristics, such as engine room 
     size, layout, or a lack of installed piping;
       (E) electric power generating capacity aboard the 
     commercial vessel;
       (F) the safety of the commercial vessel and crew; and
       (G) any other factor that the Secretary determines 
     appropriate.
       (4) Consideration of petitions.--
       (A) Determinations.--The Secretary shall approve or deny a 
     petition for an extension of a compliance deadline submitted 
     by an owner or operator under this subsection.
       (B) Deadline.--If the Secretary does not approve or deny a 
     petition referred to in subparagraph (A) on or before the 
     last day of the 90-day period beginning on the date of 
     submission of the petition, the petition shall be deemed 
     approved.
       (5) Period of use of installed ballast water management 
     system.--
       (A) In general.--Subject to subparagraph (B), an owner or 
     operator shall be considered to be in compliance with the 
     ballast water discharge standard if--
       (i) the ballast water management system installed on the 
     commercial vessel complies with the ballast water discharge 
     standard in effect at the time of installation, 
     notwithstanding any revisions to the ballast water discharge 
     standard occurring after the installation;
       (ii) the owner or operator maintains the ballast water 
     management system in proper working condition, as determined 
     by the Secretary; and
       (iii) the ballast water management system continues to meet 
     the ballast water discharge standard applicable to the 
     commercial vessel at the time of installation, as determined 
     by the Secretary.
       (B) Limitation.--Subparagraph (A) shall cease to apply with 
     respect to a commercial vessel after--
       (i) the expiration of the service life of the ballast water 
     management system of the commercial vessel, as determined by 
     the Secretary;
       (ii) the expiration of the service life of the commercial 
     vessel, as determined by the Secretary; or
       (iii) the completion of a major conversion of the 
     commercial vessel.

     SEC. 3726. ALTERNATIVE COMPLIANCE PROGRAM.

       The Secretary, in consultation with the Administrator, may 
     issue a rule establishing 1 or more compliance programs that 
     may be used by an owner or operator as an alternative to 
     compliance with the requirements of section 3724(a) for a 
     commercial vessel that--
       (1) has a maximum ballast water capacity of less than 8 
     cubic meters; or
       (2) is less than 3 years from the end of the service life 
     of the commercial vessel, as determined by the Secretary.

     SEC. 3727. RECEPTION FACILITIES.

       (a) In General.--Notwithstanding the requirements under 
     section 3724(a), an owner or operator may discharge ballast 
     water into an onshore or offshore facility for the reception 
     of ballast water that meets the standards established by the 
     Administrator, in consultation with the Secretary, under 
     subsection (b).
       (b) Issuance of Standards.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall publish a rule in the 
     Federal Register that establishes reasonable and practicable 
     standards for reception facilities to mitigate adverse 
     effects of aquatic nuisance species on navigable waters of 
     the United States.

     SEC. 3728. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A COMMERCIAL VESSEL.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator, shall publish a rule in the Federal 
     Register that establishes best management practices for 
     discharges incidental to the normal operation of a commercial 
     vessel for commercial vessels that are--
       (1) greater than or equal to 79 feet in length; and
       (2) not fishing vessels, including fish processing vessels 
     and fish tender vessels (as such terms are defined in section 
     2101 of title 46, United States Code).
       (b) Transition.--
       (1) In general.--Notwithstanding the expiration date for 
     the General Permit, any practice, limitation, or 
     concentration applicable to any discharge incidental to the 
     normal operation of a commercial vessel that is required by 
     the General Permit on the date of enactment of this Act, and 
     any reporting requirement required by the General Permit on 
     such date of enactment, shall remain in effect until the 
     effective date of a rule issued by the Secretary under 
     subsection (a).
       (2) Part 6 conditions.--Notwithstanding paragraph (1) and 
     any other provision of law, the terms and conditions of Part 
     6 of the General Permit (relating to specific requirements 
     for individual States or Indian country lands) shall expire 
     on the date of enactment of this Act.
       (c) Application to Certain Vessels.--
       (1) Application of federal water pollution control act.--No 
     permit shall be required under section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) or prohibition 
     enforced under any other provision of law for, nor shall any 
     best management practice regarding a discharge incidental to 
     the normal operation of a commercial vessel under this 
     subtitle apply to, a discharge incidental to the normal 
     operation of a commercial vessel if the commercial vessel 
     is--
       (A) less than 79 feet in length; or
       (B) a fishing vessel, including a fish processing vessel 
     and a fish tender vessel (as such terms are defined in 
     section 2101 of title 46, United States Code).
       (2) Application of general permit.--The terms and 
     conditions of the General Permit shall cease to apply to 
     vessels described in subparagraphs (A) and (B) of paragraph 
     (1) on the date of enactment of this Act.
       (d) State Petition for Revision of Best Management 
     Practices.--
       (1) In general.--The Governor of a State may submit a 
     petition to the Secretary requesting that the Secretary 
     revise a best management practice established under 
     subsection (a) if there is significant new information that 
     could reasonably indicate that--
       (A) revising the best management practice would 
     substantially reduce the adverse effects on navigable waters 
     of the United States of discharges incidental to the normal 
     operation of a commercial vessel; and
       (B) the revised best management practice would be 
     economically achievable and operationally practicable.
       (2) Required information.--A petition submitted to the 
     Secretary under paragraph (1) shall include--
       (A) the scientific and technical information on which the 
     petition is based; and
       (B) any additional information the Secretary considers 
     appropriate.
       (3) Public availability.--Upon receiving a petition under 
     paragraph (1), the Secretary shall make publicly available a 
     copy of the petition, including the information included 
     under paragraph (2).
       (4) Treatment of more than one petition as a single 
     petition.--The Secretary may treat more than one petition 
     submitted under paragraph (1) as a single petition.
       (5) Revision of best management practices.--If, after 
     reviewing a petition submitted by a Governor under paragraph 
     (1), the Secretary, in consultation with the Administrator, 
     determines that revising a best management practice would 
     substantially reduce the adverse effects on navigable waters 
     of the United States of discharges incidental to the normal 
     operation of a commercial vessel, and the revised best 
     management practice would be economically achievable and 
     operationally practicable, the Secretary, in consultation 
     with the Administrator, may issue a rule to revise the best 
     management practice established under subsection (a).

     SEC. 3729. JUDICIAL REVIEW.

       (a) In General.--A person may file a petition for review of 
     a final rule issued under this subtitle in the United States 
     Court of Appeals for the District of Columbia Circuit.
       (b) Deadline.--
       (1) In general.--A petition shall be filed under this 
     section not later than 120 days after the date on which the 
     rule to be reviewed is published in the Federal Register.
       (2) Exception.--Notwithstanding paragraph (1), a petition 
     that is based solely on grounds that arise after the deadline 
     to file a petition under paragraph (1) has passed may be 
     filed not later than 120 days after the date on which such 
     grounds first arise.

     SEC. 3730. STATE ENFORCEMENT.

       The Secretary may enter into an agreement with the Governor 
     of a State to authorize the State to enforce the provisions 
     of this subtitle, as the Secretary considers appropriate.

     SEC. 3731. EFFECT ON STATE AUTHORITY.

       (a) In General.--Except as provided in subsection (b) and 
     as necessary to implement an agreement entered into under 
     section 3730, no State or political subdivision thereof may 
     adopt or enforce any statute, regulation, or other 
     requirement of the State or political subdivision with 
     respect to--
       (1) a discharge into navigable waters of the United States 
     from a commercial vessel of ballast water; or
       (2) a discharge incidental to the normal operation of a 
     commercial vessel.
       (b) Preservation of Authority.--Nothing in this subtitle 
     may be construed as affecting the authority of a State or 
     political subdivision thereof to adopt or enforce any 
     statute, regulation, or other requirement with respect to any 
     water or other substance discharged or emitted from a vessel 
     in preparation for transport of the vessel by land from one 
     body of water to another body of water.

     SEC. 3732. EFFECT ON OTHER LAWS.

       (a) Application of Federal Water Pollution Control Act.--
       (1) In general.--Except as provided in section 3728(b), on 
     or after the date of enactment of this Act, the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) shall not 
     apply to a discharge into navigable waters of the United 
     States of ballast water from a commercial vessel or a 
     discharge incidental to the normal operation of a commercial 
     vessel.
       (2) Oil and hazardous substance liability; marine 
     sanitation devices.--Nothing in

[[Page S4499]]

     this subtitle may be construed as affecting the application 
     to a commercial vessel of section 311 or 312 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321 and 1322).
       (b) Established Regimes.--Notwithstanding any other 
     provision of this subtitle, nothing in this subtitle may be 
     construed as affecting the authority of the Federal 
     Government under--
       (1) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) with respect to the regulation by the Federal 
     Government of any discharge or emission that, on or after the 
     date of enactment of this Act, is covered under the 
     International Convention for the Prevention of Pollution from 
     Ships, 1973, as modified by the Protocol of 1978; and
       (2) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.) with respect to the regulation by 
     the Federal Government of any anti-fouling system that, on or 
     after the date of enactment of this Act, is covered under the 
     International Convention on the Control of Harmful Anti-
     fouling Systems on Ships, done at London October 5, 2001.
       (c) International Law.--
       (1) In general.--Any action taken under this subtitle shall 
     be taken in accordance with international law.
       (2) Standards.--Nothing in this subtitle may be construed 
     to impose any design, equipment, or operation standard on a 
     commercial vessel not documented under the laws of the United 
     States and engaged in innocent passage unless the standard 
     implements a generally accepted international rule, as 
     determined by the Secretary.
       (d) Other Authorities.--Nothing in this subtitle may be 
     construed as affecting the authority of the Secretary of 
     Commerce or the Secretary of the Interior, as the case may 
     be, to administer lands or waters under such Secretary's 
     administrative control.
       (e) Conforming Amendments.--The Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 
     et seq.) is amended--
       (1) in section 1101(c)(2) (16 U.S.C. 4711(c)(2))--
       (A) in subparagraph (K), by striking ``; and'' and 
     inserting a period; and
       (B) by striking subparagraph (L); and
       (2) in section 1205 (16 U.S.C. 4725), by adding at the end 
     the following: ``Ballast water and discharges incidental to 
     the normal operation of a commercial vessel (as such terms 
     are defined in the Vessel Incidental Discharge Act) shall be 
     regulated pursuant to such Act.''.

      Subtitle I--National Oceanic and Atmospheric Administration 
    Commissioned Officer Corps Amendments and Hydrographic Services 
       Improvement Act Reauthorization and Amendments Act of 2017

     SEC. 3801. SHORT TITLE.

       This subtitle may be cited as the ``National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps 
     Amendments and Hydrographic Services Improvement Act 
     Reauthorization and Amendments Act of 2017''.

     SEC. 3802. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION COMMISSIONED OFFICER CORPS ACT 
                   OF 2002.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3001 et seq.).

                       PART I--GENERAL PROVISIONS

     SEC. 3811. STRENGTH AND DISTRIBUTION IN GRADE.

       Section 214 (33 U.S.C. 3004) is amended to read as follows:

     ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

       ``(a) Grades.--The commissioned grades in the commissioned 
     officer corps of the Administration are the following, in 
     relative rank with officers of the Navy:
       ``(1) Vice admiral.
       ``(2) Rear admiral.
       ``(3) Rear admiral (lower half).
       ``(4) Captain.
       ``(5) Commander.
       ``(6) Lieutenant commander.
       ``(7) Lieutenant.
       ``(8) Lieutenant (junior grade).
       ``(9) Ensign.
       ``(b) Grade Distribution.--The Secretary shall prescribe, 
     with respect to the distribution on the lineal list in grade, 
     the percentages applicable to the grades set forth in 
     subsection (a).
       ``(c) Annual Computation of Number in Grade.--
       ``(1) In general.--Not less frequently than once each year, 
     the Secretary shall make a computation to determine the 
     number of officers on the lineal list authorized to be 
     serving in each grade.
       ``(2) Method of computation.--The number in each grade 
     shall be computed by applying the applicable percentage to 
     the total number of such officers serving on active duty on 
     the date the computation is made.
       ``(3) Fractions.--If a final fraction occurs in computing 
     the authorized number of officers in a grade, the nearest 
     whole number shall be taken. If the fraction is \1/2\, the 
     next higher whole number shall be taken.
       ``(d) Temporary Increase in Numbers.--The total number of 
     officers authorized by law to be on the lineal list during a 
     fiscal year may be temporarily exceeded if the average number 
     on that list during that fiscal year does not exceed the 
     authorized number.
       ``(e) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228(a) and 
     officers recalled from retired status shall not be counted 
     when computing authorized strengths under subsection (c) and 
     shall not count against those strengths.
       ``(f) Preservation of Grade and Pay.--No officer may be 
     reduced in grade or pay or separated from the commissioned 
     officer corps of the Administration as the result of a 
     computation made to determine the authorized number of 
     officers in the various grades.''.

     SEC. 3812. RECALLED OFFICERS.

       Section 215 (33 U.S.C. 3005) is amended--
       (1) in the matter before paragraph (1), by striking 
     ``Effective'' and inserting the following:
       ``(a) In General.--Effective''; and
       (2) by adding at the end the following new subsection:
       ``(b) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228 and 
     officers recalled from retired status or detailed to an 
     agency other than the Administration--
       ``(1) may not be counted in determining the total number of 
     authorized officers on the lineal list under this section; 
     and
       ``(2) may not count against such number.''.

     SEC. 3813. OBLIGATED SERVICE REQUIREMENT.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

       ``(a) In General.--
       ``(1) Rulemaking.--The Secretary shall prescribe the 
     obligated service requirements for appointments, training, 
     promotions, separations, continuations, and retirement of 
     officers not otherwise covered by law.
       ``(2) Written agreements.--The Secretary and officers shall 
     enter into written agreements that describe the officers' 
     obligated service requirements prescribed under paragraph (1) 
     in return for such appointments, training, promotions, 
     separations, and retirements as the Secretary considers 
     appropriate.
       ``(b) Repayment for Failure to Satisfy Requirements.--
       ``(1) In general.--The Secretary may require an officer who 
     fails to meet the service requirements prescribed under 
     subsection (a)(1) to reimburse the Secretary in an amount 
     that bears the same ratio to the total costs of the training 
     provided to that officer by the Secretary as the unserved 
     portion of active duty bears to the total period of active 
     duty the officer agreed to serve.
       ``(2) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary under paragraph (1) shall be 
     considered for all purposes as a debt owed to the United 
     States.
       ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11 that is entered less than 5 years after the 
     termination of a written agreement entered into under 
     subsection (a)(2) does not discharge the individual signing 
     the agreement from a debt arising under such agreement.
       ``(c) Waiver or Suspension of Compliance.--The Secretary 
     may waive the service obligation of an officer who--
       ``(1) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that officer; or
       ``(2) is--
       ``(A) not physically qualified for appointment; and
       ``(B) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     officer's own misconduct or grossly negligent conduct.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 215 the following:

``Sec. 216. Obligated service requirement.''.

     SEC. 3814. TRAINING AND PHYSICAL FITNESS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 3813(a), is further amended by adding at 
     the end the following:

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

       ``(a) Training.--The Secretary may take such measures as 
     may be necessary to ensure that officers are prepared to 
     carry out their duties in the commissioned officer corps of 
     the Administration and proficient in the skills necessary to 
     carry out such duties. Such measures may include the 
     following:
       ``(1) Carrying out training programs and correspondence 
     courses, including establishing and operating a basic officer 
     training program to provide initial indoctrination and 
     maritime vocational training for officer candidates as well 
     as refresher training, mid-career training, aviation 
     training, and such other training as the Secretary considers 
     necessary for officer development and proficiency.
       ``(2) Providing officers and officer candidates with books 
     and school supplies.
       ``(3) Acquiring such equipment as may be necessary for 
     training and instructional purposes.
       ``(b) Physical Fitness.--The Secretary shall ensure that 
     officers maintain a high

[[Page S4500]]

     physical state of readiness by establishing standards of 
     physical fitness for officers that are substantially 
     equivalent to those prescribed for officers in the Coast 
     Guard.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3813(b), is 
     further amended by inserting after the item relating to 
     section 216 the following:

``Sec. 217. Training and physical fitness.''.

     SEC. 3815. RECRUITING MATERIALS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 3814(a), is further amended by adding at 
     the end the following:

     ``SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

       ``The Secretary may use for public relations purposes of 
     the Department of Commerce any advertising materials 
     developed for use for recruitment and retention of personnel 
     for the commissioned officer corps of the Administration. Any 
     such use shall be under such conditions and subject to such 
     restrictions as the Secretary shall prescribe.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3814(b), is 
     further amended by inserting after the item relating to 
     section 217 the following:

``Sec. 218. Use of recruiting materials for public relations.''.

     SEC. 3816. TECHNICAL CORRECTION.

       Section 101(21)(C) of title 38, United States Code, is 
     amended by inserting ``in the commissioned officer corps'' 
     before ``of the National''.

                    PART II--PARITY AND RECRUITMENT

     SEC. 3821. EDUCATION LOANS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy 1 of the requirements specified in subsection 
     (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the commissioned officer corps of the 
     Administration; and
       ``(3) sign a written agreement to serve on active duty, or, 
     if on active duty, to remain on active duty for a period in 
     addition to any other incurred active duty obligation.
       ``(c) Academic and Professional Requirements.--One of the 
     following academic requirements must be satisfied for 
     purposes of determining the eligibility of an individual for 
     a loan repayment under this section:
       ``(1) The person is fully qualified in a profession that 
     the Secretary has determined to be necessary to meet 
     identified skill shortages in the commissioned officer corps.
       ``(2) The person is enrolled as a full-time student in the 
     final year of a course of study at an accredited educational 
     institution (as determined by the Secretary of Education) 
     leading to a degree in a profession that will meet identified 
     skill shortages in the commissioned officer corps.
       ``(d) Loan Repayments.--
       ``(1) In general.--Subject to the limits established under 
     paragraph (2), a loan repayment under this section may 
     consist of the payment of the principal, interest, and 
     related expenses of a loan obtained by a person described in 
     subsection (b).
       ``(2) Limitation on amount.--For each year of obligated 
     service that a person agrees to serve in an agreement 
     described in subsection (b)(3), the Secretary may pay not 
     more than the amount specified in section 2173(e)(2) of title 
     10, United States Code.
       ``(e) Active Duty Service Obligation.--
       ``(1) In general.--A person entering into an agreement 
     described in subsection (b)(3) incurs an active duty service 
     obligation.
       ``(2) Length of obligation determined under regulations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the length of the obligation under paragraph (1) shall be 
     determined under regulations prescribed by the Secretary.
       ``(B) Minimum obligation.--The regulations prescribed under 
     subparagraph (A) may not provide for a period of obligation 
     of less than 1 year for each maximum annual amount, or 
     portion thereof, paid on behalf of the person for qualified 
     loans.
       ``(3) Persons on active duty before entering into 
     agreement.--The active duty service obligation of persons on 
     active duty before entering into the agreement shall be 
     served after the conclusion of any other obligation incurred 
     under the agreement.
       ``(f) Effect of Failure To Complete Obligation.--
       ``(1) Alternative obligations.--An officer who is relieved 
     of the officer's active duty obligation under this section 
     before the completion of that obligation may be given any 
     alternative obligation, at the discretion of the Secretary.
       ``(2) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (b)(3), or the alternative obligation 
     imposed under paragraph (1), shall be subject to the 
     repayment provisions under section 216.
       ``(g) Rulemaking.--The Secretary shall prescribe 
     regulations to carry out this section, including--
       ``(1) standards for qualified loans and authorized payees; 
     and
       ``(2) other terms and conditions for the making of loan 
     repayments.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 266 the following:

``Sec. 267. Education loan repayment program.''.

     SEC. 3822. INTEREST PAYMENTS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 3821(a), is further amended by adding at 
     the end the following:

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

       ``(a) Authority.--The Secretary may pay the interest and 
     any special allowances that accrue on 1 or more student loans 
     of an eligible officer, in accordance with this section.
       ``(b) Eligible Officers.--An officer is eligible for the 
     benefit described in subsection (a) while the officer--
       ``(1) is serving on active duty;
       ``(2) has not completed more than 3 years of service on 
     active duty;
       ``(3) is the debtor on 1 or more unpaid loans described in 
     subsection (c); and
       ``(4) is not in default on any such loan.
       ``(c) Student Loans.--The authority to make payments under 
     subsection (a) may be exercised with respect to the following 
     loans:
       ``(1) A loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.).
       ``(2) A loan made under part D of such title (20 U.S.C. 
     1087a et seq.).
       ``(3) A loan made under part E of such title (20 U.S.C. 
     1087aa et seq.).
       ``(d) Maximum Benefit.--Interest and any special allowance 
     may be paid on behalf of an officer under this section for 
     any of the 36 consecutive months during which the officer is 
     eligible under subsection (b).
       ``(e) Funds for Payments.--The Secretary may use amounts 
     appropriated for the pay and allowances of personnel of the 
     commissioned officer corps of the Administration for payments 
     under this section.
       ``(f) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Transfer of funds.--The Secretary shall transfer to 
     the Secretary of Education the funds necessary--
       ``(A) to pay interest and special allowances on student 
     loans under this section (in accordance with sections 428(o), 
     455(l), and 464(j) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
       ``(B) to reimburse the Secretary of Education for any 
     reasonable administrative costs incurred by the Secretary in 
     coordinating the program under this section with the 
     administration of the student loan programs under parts B, D, 
     and E of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
       ``(g) Special Allowance Defined.--In this section, the term 
     `special allowance' means a special allowance that is payable 
     under section 438 of the Higher Education Act of 1965 (20 
     U.S.C. 1087-1).''.
       (b) Conforming Amendments.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by

[[Page S4501]]

     section 3821(b), is further amended by inserting after the 
     item relating to section 267 the following:

``Sec. 268. Interest payment program.''.

     SEC. 3823. STUDENT PRE-COMMISSIONING PROGRAM.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 3822(a), is further amended by adding at 
     the end the following:

     ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
                   PROGRAM.

       ``(a) Authority To Provide Financial Assistance.--For the 
     purpose of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty, the Secretary may provide financial assistance to a 
     person described in subsection (b) for expenses of the person 
     while the person is pursuing on a full-time basis at an 
     accredited educational institution (as determined by the 
     Secretary of Education) a program of education approved by 
     the Secretary that leads to--
       ``(1) a baccalaureate degree in not more than 5 academic 
     years; or
       ``(2) a postbaccalaureate degree.
       ``(b) Eligible Persons.--
       ``(1) In general.--A person is eligible to obtain financial 
     assistance under subsection (a) if the person--
       ``(A) is enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any educational 
     institution described in such subsection;
       ``(B) meets all of the requirements for acceptance into the 
     commissioned officer corps of the Administration except for 
     the completion of a baccalaureate degree; and
       ``(C) enters into a written agreement with the Secretary 
     described in paragraph (2).
       ``(2) Agreement.--A written agreement referred to in 
     paragraph (1)(C) is an agreement between the person and the 
     Secretary in which the person--
       ``(A) agrees to accept an appointment as an officer, if 
     tendered; and
       ``(B) upon completion of the person's educational program, 
     agrees to serve on active duty, immediately after 
     appointment, for--
       ``(i) up to 3 years if the person received less than 3 
     years of assistance; and
       ``(ii) up to 5 years if the person received at least 3 
     years of assistance.
       ``(c) Qualifying Expenses.--Expenses for which financial 
     assistance may be provided under subsection (a) are the 
     following:
       ``(1) Tuition and fees charged by the educational 
     institution involved.
       ``(2) The cost of books.
       ``(3) In the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses.
       ``(4) Such other expenses as the Secretary considers 
     appropriate.
       ``(d) Limitation on Amount.--The Secretary shall prescribe 
     the amount of financial assistance provided to a person under 
     subsection (a), which may not exceed the amount specified in 
     section 2173(e)(2) of title 10, United States Code, for each 
     year of obligated service that a person agrees to serve in an 
     agreement described in subsection (b)(2).
       ``(e) Duration of Assistance.--Financial assistance may be 
     provided to a person under subsection (a) for not more than 5 
     consecutive academic years.
       ``(f) Subsistence Allowance.--
       ``(1) In general.--A person who receives financial 
     assistance under subsection (a) shall be entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     paragraph (2) for the duration of the period for which the 
     person receives such financial assistance.
       ``(2) Determination of amount.--The Secretary shall 
     prescribe monthly rates for subsistence allowance provided 
     under paragraph (1), which shall be equal to the amount 
     specified in section 2144(a) of title 10, United States Code.
       ``(g) Initial Clothing Allowance.--
       ``(1) Training.--The Secretary may prescribe a sum which 
     shall be credited to each person who receives financial 
     assistance under subsection (a) to cover the cost of the 
     person's initial clothing and equipment issue.
       ``(2) Appointment.--Upon completion of the program of 
     education for which a person receives financial assistance 
     under subsection (a) and acceptance of appointment in the 
     commissioned officer corps of the Administration, the person 
     may be issued a subsequent clothing allowance equivalent to 
     that normally provided to a newly appointed officer.
       ``(h) Termination of Financial Assistance.--
       ``(1) In general.--The Secretary shall terminate the 
     assistance provided to a person under this section if--
       ``(A) the Secretary accepts a request by the person to be 
     released from an agreement described in subsection (b)(2);
       ``(B) the misconduct of the person results in a failure to 
     complete the period of active duty required under the 
     agreement; or
       ``(C) the person fails to fulfill any term or condition of 
     the agreement.
       ``(2) Reimbursement.--The Secretary may require a person 
     who receives assistance described in subsection (c), (f), or 
     (g) under an agreement entered into under subsection 
     (b)(1)(C) to reimburse the Secretary in an amount that bears 
     the same ratio to the total costs of the assistance provided 
     to that person as the unserved portion of active duty bears 
     to the total period of active duty the officer agreed to 
     serve under the agreement.
       ``(3) Waiver.--The Secretary may waive the service 
     obligation of a person through an agreement entered into 
     under subsection (b)(1)(C) if the person--
       ``(A) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that person; or
       ``(B) is--
       ``(i) not physically qualified for appointment; and
       ``(ii) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     person's own misconduct or grossly negligent conduct.
       ``(4) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary imposed under paragraph (2) is, 
     for all purposes, a debt owed to the United States.
       ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11, United States Code, that is entered less than 
     5 years after the termination of a written agreement entered 
     into under subsection (b)(1)(C) does not discharge the person 
     signing the agreement from a debt arising under such 
     agreement or under paragraph (2).
       ``(i) Regulations.--The Secretary may promulgate such 
     regulations and orders as the Secretary considers appropriate 
     to carry out this section.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3822(c), is 
     further amended by inserting after the item relating to 
     section 268 the following:

``Sec. 269. Student pre-commissioning education assistance program.''.

     SEC. 3824. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with the 
     fiscal year in which this Act is enacted, the Secretary of 
     Commerce shall ensure that the total amount expended by the 
     Secretary under section 267 of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (as added by section 3821(a)), section 268 of such Act 
     (as added by section 3822(a)), and section 269 of such Act 
     (as added by section 3823(a)) does not exceed the amount by 
     which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 3846(d)), if such 
     section entitled officer candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service; exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     section 212 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3002), as added by section 3846(c).

     SEC. 3825. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 
                   UNITED STATES CODE, AND EXTENSION OF CERTAIN 
                   AUTHORITIES APPLICABLE TO MEMBERS OF THE ARMED 
                   FORCES TO COMMISSIONED OFFICER CORPS.

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (22) through (25), respectively;
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (14) through (19), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.
       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';
       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Section 1074n, relating to annual mental health 
     assessments.
       ``(12) Section 1090a, relating to referrals for mental 
     health evaluations.
       ``(13) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (19), as redesignated, the 
     following:
       ``(20) Subchapter I of chapter 88, relating to Military 
     Family Programs.
       ``(21) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their

[[Page S4502]]

     families.--Section 1588 of such title is amended--
       (A) in subsection (a)(3), in the matter before subparagraph 
     (A), by striking ``armed forces'' and inserting ``uniformed 
     services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA Corps and Their Families.--
     For purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration.''.
       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), in the matter before subparagraph 
     (A), by inserting ``or the Secretary of Commerce, as 
     applicable,'' after ``the Secretary of Defense''.

     SEC. 3826. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by inserting after section 261 the following:

     ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       ``(a) Provisions Made Applicable to Commissioned Officer 
     Corps.--The provisions of law applicable to the Armed Forces 
     under the following provisions of title 37, United States 
     Code, shall apply to the commissioned officer corps of the 
     Administration:
       ``(1) Section 324, relating to accession bonuses for new 
     officers in critical skills.
       ``(2) Section 403(f)(3), relating to prescribing 
     regulations defining the terms `field duty' and `sea duty'.
       ``(3) Section 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(4) Section 488, relating to allowances for recruiting 
     expenses.
       ``(5) Section 495, relating to allowances for funeral 
     honors duty.
       ``(b) References.--The authority vested by title 37, United 
     States Code, in the `military departments', `the Secretary 
     concerned', or `the Secretary of Defense' with respect to the 
     provisions of law referred to in subsection (a) shall be 
     exercised, with respect to the commissioned officer corps of 
     the Administration, by the Secretary of Commerce or the 
     Secretary's designee.''.
       (b) Personal Money Allowance.--Section 414 of title 37, 
     United States Code, is amended by inserting ``or the director 
     of the commissioned officer corps of the National Oceanic and 
     Atmospheric Administration'' after ``Health Service''.
       (c) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

``Sec. 261A. Applicability of certain provisions of title 37, United 
              States Code.''.

     SEC. 3827. LEGION OF MERIT AWARD.

       Section 1121 of title 10, United States Code, is amended by 
     striking ``armed forces'' and inserting ``uniformed 
     services''.

     SEC. 3828. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

       (a) In General.--Subsection (a) of section 261 (33 U.S.C. 
     3071), as amended by section 3825(a), is further amended--
       (1) by redesignating paragraphs (8) through (25) as 
     paragraphs (9) through (26), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by adding at the end the following: ``For purposes 
     of paragraph (8) of subsection (a), the term `Inspector 
     General' in section 1034 of such title 10 shall mean the 
     Inspector General of the Department of Commerce.''.
       (c) Regulations.--Such section is further amended by adding 
     at the end the following:
       ``(c) Regulations Regarding Protected Communications and 
     Prohibition of Retaliatory Personnel Actions.--The Secretary 
     may promulgate regulations to carry out the application of 
     section 1034 of title 10, United States Code, to the 
     commissioned officer corps of the Administration, including 
     by promulgating such administrative procedures for 
     investigation and appeal within the commissioned officer 
     corps as the Secretary considers appropriate.''.

     SEC. 3829. PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.

       Section 702 of title 18, United States Code, is amended by 
     striking ``Service or any'' and inserting ``Service, the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration, or any''.

     SEC. 3830. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
                   SERVICE LAW.

       Section 3304(f) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces'';
       (2) in paragraph (2), by striking ``or veteran'' and 
     inserting ``, veteran, or member''; and
       (3) in paragraph (4), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces''.

     SEC. 3831. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

       Section 4303(16) of title 38, United States Code, is 
     amended by inserting ``the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration,'' after 
     ``Public Health Service,''.

     SEC. 3832. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by this subtitle, is further amended by adding at the 
     end the following:

     ``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS AS EMPLOYMENT IN ADMINISTRATION FOR 
                   PURPOSES OF CERTAIN HIRING DECISIONS.

       ``(a) In General.--In any case in which the Secretary 
     accepts an application for a position of employment with the 
     Administration and limits consideration of applications for 
     such position to applications submitted by individuals 
     serving in a career or career-conditional position in the 
     competitive service within the Administration, the Secretary 
     shall deem an officer who has served as an officer in the 
     commissioned officer corps for at least 3 years to be serving 
     in a career or career-conditional position in the competitive 
     service within the Administration for purposes of such 
     limitation.
       ``(b) Career Appointments.--If the Secretary selects an 
     application submitted by an officer described in subsection 
     (a) for a position described in such subsection, the 
     Secretary shall give such officer a career or career-
     conditional appointment in the competitive service, as 
     appropriate.
       ``(c) Competitive Service Defined.--In this section, the 
     term `competitive service' has the meaning given the term in 
     section 2102 of title 5, United States Code.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 269, as added by section 3823, the 
     following new item:

``Sec. 269A. Treatment of commission in commissioned officer corps as 
              employment in Administration for purposes of certain 
              hiring decisions.''.

     SEC. 3833. DIRECT HIRE AUTHORITY.

       (a) In General.--The head of a Federal agency may appoint, 
     without regard to the provisions of subchapter I of chapter 
     33 of title 5, United States Code, other than sections 3303 
     and 3328 of such title, a qualified candidate described in 
     subsection (b) directly to a position in the agency for which 
     the candidate meets qualification standards of the Office of 
     Personnel Management.
       (b) Candidates Described.--A candidate described in this 
     subsection is a current or former member of the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration who--
       (1) fulfilled his or her obligated service requirement 
     under section 216 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002, as 
     added by section 3813;
       (2) if no longer a member of the commissioned officer corps 
     of the Administration, was not discharged or released 
     therefrom as part of a disciplinary action; and
       (3) has been separated or released from service in the 
     commissioned officer corps of the Administration for a period 
     of not more than 5 years.
       (c) Effective Date.--This section shall apply with respect 
     to appointments made in fiscal year 2017 and in each fiscal 
     year thereafter.

            PART III--APPOINTMENTS AND PROMOTION OF OFFICERS

     SEC. 3841. APPOINTMENTS.

       (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is 
     amended to read as follows:

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

       ``(a) Original Appointments.--
       ``(1) Grades.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an original appointment of an officer may be made in such 
     grades as may be appropriate for--
       ``(i) the qualification, experience, and length of service 
     of the appointee; and
       ``(ii) the commissioned officer corps of the 
     Administration.
       ``(B) Appointment of officer candidates.--
       ``(i) Limitation on grade.--An original appointment of an 
     officer candidate, upon graduation from the basic officer 
     training program of the commissioned officer corps of

[[Page S4503]]

     the Administration, may not be made in any other grade than 
     ensign.
       ``(ii) Rank.--Officer candidates receiving appointments as 
     ensigns upon graduation from basic officer training program 
     shall take rank according to their proficiency as shown by 
     the order of their merit at date of graduation.
       ``(2) Source of appointments.--An original appointment may 
     be made from among the following:
       ``(A) Graduates of the basic officer training program of 
     the commissioned officer corps of the Administration.
       ``(B) Graduates of the military service academies of the 
     United States who otherwise meet the academic standards for 
     enrollment in the training program described in subparagraph 
     (A).
       ``(C) Graduates of the maritime academies of the States 
     who--
       ``(i) otherwise meet the academic standards for enrollment 
     in the training program described in subparagraph (A);
       ``(ii) completed at least 3 years of regimented training 
     while at a maritime academy of a State; and
       ``(iii) obtained an unlimited tonnage or unlimited 
     horsepower Merchant Mariner Credential from the United States 
     Coast Guard.
       ``(D) Licensed officers of the United States merchant 
     marine who have served 2 or more years aboard a vessel of the 
     United States in the capacity of a licensed officer, who 
     otherwise meet the academic standards for enrollment in the 
     training program described in subparagraph (A).
       ``(3) Definitions.--In this subsection:
       ``(A) Maritime academies of the states.--The term `maritime 
     academies of the States' means the following:
       ``(i) California Maritime Academy, Vallejo, California.
       ``(ii) Great Lakes Maritime Academy, Traverse City, 
     Michigan.
       ``(iii) Maine Maritime Academy, Castine, Maine.
       ``(iv) Massachusetts Maritime Academy, Buzzards Bay, 
     Massachusetts.
       ``(v) State University of New York Maritime College, Fort 
     Schuyler, New York.
       ``(vi) Texas A&M Maritime Academy, Galveston, Texas.
       ``(B) Military service academies of the united states.--The 
     term `military service academies of the United States' means 
     the following:
       ``(i) The United States Military Academy, West Point, New 
     York.
       ``(ii) The United States Naval Academy, Annapolis, 
     Maryland.
       ``(iii) The United States Air Force Academy, Colorado 
     Springs, Colorado.
       ``(iv) The United States Coast Guard Academy, New London, 
     Connecticut.
       ``(v) The United States Merchant Marine Academy, Kings 
     Point, New York.
       ``(b) Reappointment.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual who previously served in the commissioned officer 
     corps of the Administration may be appointed by the Secretary 
     to the grade the individual held prior to separation.
       ``(2) Reappointments to higher grades.--An appointment 
     under paragraph (1) to a position of importance and 
     responsibility designated under section 228 may only be made 
     by the President.
       ``(c) Qualifications.--An appointment under subsection (a) 
     or (b) may not be given to an individual until the 
     individual's mental, moral, physical, and professional 
     fitness to perform the duties of an officer has been 
     established under such regulations as the Secretary shall 
     prescribe.
       ``(d) Precedence of Appointees.--Appointees under this 
     section shall take precedence in the grade to which appointed 
     in accordance with the dates of their commissions as 
     commissioned officers in such grade. Appointees whose dates 
     of commission are the same shall take precedence with each 
     other as the Secretary shall determine.
       ``(e) Inter-Service Transfers.--For inter-service transfers 
     (as described in the Department of Defense Directive 1300.4 
     (dated December 27, 2006)) the Secretary shall--
       ``(1) coordinate with the Secretary of Defense and the 
     Secretary of the Department in which the Coast Guard is 
     operating to promote and streamline inter-service transfers;
       ``(2) give preference to such inter-service transfers for 
     recruitment purposes as determined appropriate by the 
     Secretary; and
       ``(3) reappoint such inter-service transfers to the 
     equivalent grade in the commissioned officer corps.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 221 and inserting the following:

``Sec. 221. Original appointments and reappointments.''.

     SEC. 3842. PERSONNEL BOARDS.

       Section 222 (33 U.S.C. 3022) is amended to read as follows:

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.
       ``(b) Membership.--
       ``(1) In general.--A board convened under subsection (a) 
     shall consist of 5 or more officers who are serving in or 
     above the permanent grade of the officers under consideration 
     by the board.
       ``(2) Retired officers.--Officers on the retired list may 
     be recalled to serve on such personnel boards as the 
     Secretary considers necessary.
       ``(3) No membership on 2 successive boards.--No officer may 
     be a member of 2 successive personnel boards convened to 
     consider officers of the same grade for promotion or 
     separation.
       ``(c) Duties.--Each personnel board shall--
       ``(1) recommend to the Secretary such changes as may be 
     necessary to correct any erroneous position on the lineal 
     list that was caused by administrative error; and
       ``(2) make selections and recommendations to the Secretary 
     and the President for the appointment, promotion, involuntary 
     separation, continuation, and involuntary retirement of 
     officers in the commissioned officer corps of the 
     Administration as prescribed in this title.
       ``(d) Action on Recommendations Not Acceptable.--If any 
     recommendation by a board convened under subsection (a) is 
     not accepted by the Secretary or the President, the board 
     shall make such further recommendations as the Secretary or 
     the President considers appropriate.''.

     SEC. 3843. DELEGATION OF AUTHORITY.

       Section 226 (33 U.S.C. 3026) is amended--
       (1) by striking ``Appointments'' and inserting the 
     following:
       ``(a) In General.--Appointments''; and
       (2) by adding at the end the following:
       ``(b) Delegation of Appointment Authority.--If the 
     President delegates authority to the Secretary to make 
     appointments under this section, the President shall, during 
     a period in which the position of the Secretary is vacant, 
     delegate such authority to the Deputy Secretary of Commerce 
     or the Under Secretary for Oceans and Atmosphere during such 
     period.''.

     SEC. 3844. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE 
                   AND AVIATION OPERATIONS.

       Section 228(c) (33 U.S.C. 3028(c)) is amended--
       (1) in the fourth sentence, by striking ``Director'' and 
     inserting ``Assistant Administrator''; and
       (2) in the heading, by inserting ``Assistant Administrator 
     of the'' before ``Office''.

     SEC. 3845. TEMPORARY APPOINTMENTS.

       (a) In General.--Section 229 (33 U.S.C. 3029) is amended to 
     read as follows:

     ``SEC. 229. TEMPORARY APPOINTMENTS.

       ``(a) Appointments by President.--Temporary appointments in 
     the grade of ensign, lieutenant junior grade, or lieutenant 
     may be made by the President.
       ``(b) Termination.--A temporary appointment to a position 
     under subsection (a) shall terminate upon approval of a 
     permanent appointment for such position made by the 
     President.
       ``(c) Order of Precedence.--Appointees under subsection (a) 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their appointments as officers 
     in such grade. The order of precedence of appointees who are 
     appointed on the same date shall be determined by the 
     Secretary.
       ``(d) Any One Grade.--When determined by the Secretary to 
     be in the best interest of the commissioned officer corps, 
     officers in any permanent grade may be temporarily promoted 
     one grade by the President. Any such temporary promotion 
     terminates upon the transfer of the officer to a new 
     assignment.
       ``(e) Delegation of Appointment Authority.--If the 
     President delegates authority to the Secretary to make 
     appointments under this section, the President shall, during 
     a period in which the position of the Secretary is vacant, 
     delegate such authority to the Deputy Secretary of Commerce 
     or the Under Secretary for Oceans and Atmosphere during such 
     period.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 229 and inserting the following:

``Sec. 229. Temporary appointments.''.

     SEC. 3846. OFFICER CANDIDATES.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 234. OFFICER CANDIDATES.

       ``(a) Determination of Number.--The Secretary shall 
     determine the number of appointments of officer candidates.
       ``(b) Appointment.--Appointment of officer candidates shall 
     be made under regulations which the Secretary shall 
     prescribe, including regulations with respect to determining 
     age limits, methods of selection of officer candidates, term 
     of service as an officer candidate before graduation from the 
     program, and all other matters affecting such appointment.
       ``(c) Dismissal.--The Secretary may dismiss from the basic 
     officer training program of the Administration any officer 
     candidate who, during the officer candidate's term as an 
     officer candidate, the Secretary considers unsatisfactory in 
     either academics or conduct, or not adapted for a career in 
     the commissioned officer corps of the Administration. Officer 
     candidates shall be subject to rules governing discipline 
     prescribed by the Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps.
       ``(d) Agreement.--
       ``(1) In general.--Each officer candidate shall sign an 
     agreement with the Secretary

[[Page S4504]]

     in accordance with section 216(a)(2) regarding the officer 
     candidate's term of service in the commissioned officer corps 
     of the Administration.
       ``(2) Elements.--An agreement signed by an officer 
     candidate under paragraph (1) shall provide that the officer 
     candidate agrees to the following:
       ``(A) That the officer candidate will complete the course 
     of instruction at the basic officer training program of the 
     Administration.
       ``(B) That upon graduation from the such program, the 
     officer candidate--
       ``(i) will accept an appointment, if tendered, as an 
     officer; and
       ``(ii) will serve on active duty for at least 4 years 
     immediately after such appointment.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include--
       ``(1) standards for determining what constitutes a breach 
     of an agreement signed under such subsection (d)(1); and
       ``(2) procedures for determining whether such a breach has 
     occurred.
       ``(f) Repayment.--An officer candidate or former officer 
     candidate who does not fulfill the terms of the obligation to 
     serve as specified under section (d) shall be subject to the 
     repayment provisions of section 216(b).''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 233 the following:

``Sec. 234. Officer candidates.''.
       (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 
     3002(b)) is amended--
       (1) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Officer candidate.--The term `officer candidate' 
     means an individual who is enrolled in the basic officer 
     training program of the Administration and is under 
     consideration for appointment as an officer under section 
     221(a)(2)(A).''.
       (d) Pay for Officer Candidates.--Section 203 of title 37, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f)(1) An officer candidate enrolled in the basic officer 
     training program of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration is entitled, 
     while participating in such program, to monthly officer 
     candidate pay at monthly rate equal to the basic pay of an 
     enlisted member in the pay grade E-5 with less than 2 years 
     service.
       ``(2) An individual who graduates from such program shall 
     receive credit for the time spent participating in such 
     program as if such time were time served while on active duty 
     as a commissioned officer. If the individual does not 
     graduate from such program, such time shall not be considered 
     creditable for active duty or pay.''.

     SEC. 3847. PROCUREMENT OF PERSONNEL.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 3846(a), is further amended by adding at 
     the end the following:

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

       ``The Secretary may make such expenditures as the Secretary 
     considers necessary in order to obtain recruits for the 
     commissioned officer corps of the Administration, including 
     advertising.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3846(b), is 
     further amended by inserting after the item relating to 
     section 234 the following:

``235. Procurement of personnel.''.

             PART IV--SEPARATION AND RETIREMENT OF OFFICERS

     SEC. 3851. INVOLUNTARY RETIREMENT OR SEPARATION.

       Section 241 (33 U.S.C. 3041) is amended by adding at the 
     end the following:
       ``(d) Deferment of Retirement or Separation for Medical 
     Reasons.--
       ``(1) In general.--If the Secretary determines that the 
     evaluation of the medical condition of an officer requires 
     hospitalization or medical observation that cannot be 
     completed with confidence in a manner consistent with the 
     officer's well being before the date on which the officer 
     would otherwise be required to retire or be separated under 
     this section, the Secretary may defer the retirement or 
     separation of the officer.
       ``(2) Consent required.--A deferment may only be made with 
     the written consent of the officer involved. If the officer 
     does not provide written consent to the deferment, the 
     officer shall be retired or separated as scheduled.
       ``(3) Limitation.--A deferral of retirement or separation 
     under this subsection may not extend for more than 30 days 
     after completion of the evaluation requiring hospitalization 
     or medical observation.''.

     SEC. 3852. SEPARATION PAY.

       Section 242 (33 U.S.C. 3042) is amended by adding at the 
     end the following:
       ``(d) Exception.--An officer discharged for twice failing 
     selection for promotion to the next higher grade is not 
     entitled to separation pay under this section if the 
     officer--
       ``(1) expresses a desire not to be selected for promotion; 
     or
       ``(2) requests removal from the list of selectees.''.

            PART V--HYDROGRAPHIC SERVICES AND OTHER MATTERS

     SEC. 3861. REAUTHORIZATION OF HYDROGRAPHIC SERVICES 
                   IMPROVEMENT ACT OF 1998.

       (a) Reauthorizations.--Section 306 of the Hydrographic 
     Services Improvement Act of 1998 (33 U.S.C. 892d) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``There 
     are'' and inserting the following:
       ``(a) In General.--There are'';
       (2) in subsection (a) (as designated by paragraph (1))--
       (A) in paragraph (1), by striking ``surveys--'' and all 
     that follows through the end of the paragraph and inserting 
     ``surveys, $70,814,000 for each of fiscal years 2017 through 
     2021.'';
       (B) in paragraph (2), by striking ``vessels--'' and all 
     that follows through the end of the paragraph and inserting 
     ``vessels, $25,000,000 for each of fiscal years 2017 through 
     2021.'';
       (C) in paragraph (3), by striking ``Administration--'' and 
     all that follows through the end of the paragraph and 
     inserting ``Administration, $29,932,000 for each of fiscal 
     years 2017 through 2021.'';
       (D) in paragraph (4), by striking ``title--'' and all that 
     follows through the end of the paragraph and inserting 
     ``title, $26,800,000 for each of fiscal years 2017 through 
     2021.''; and
       (E) in paragraph (5), by striking ``title--'' and all that 
     follows through the end of the paragraph and inserting 
     ``title, $30,564,000 for each of fiscal years 2017 through 
     2021.''; and
       (3) by adding at the end the following:
       ``(b) Arctic Programs.--Of the amount authorized by this 
     section for each fiscal year--
       ``(1) $10,000,000 is authorized for use--
       ``(A) to acquire hydrographic data;
       ``(B) to provide hydrographic services;
       ``(C) to conduct coastal change analyses necessary to 
     ensure safe navigation;
       ``(D) to improve the management of coastal change in the 
     Arctic; and
       ``(E) to reduce risks of harm to Alaska Native subsistence 
     and coastal communities associated with increased 
     international maritime traffic; and
       ``(2) $2,000,000 is authorized for use to acquire 
     hydrographic data and provide hydrographic services in the 
     Arctic necessary to delineate the United States extended 
     Continental Shelf.''.
       (b) Limitation on Administrative Expenses for Surveys.--
     Section 306 of such Act (33 U.S.C. 892d) is further amended 
     by adding at the end the following:
       ``(c) Limitation on Administrative Expenses for Surveys.--
     Of amounts authorized by this section for each fiscal year 
     for contract hydrographic surveys, not more than 5 percent is 
     authorized for administrative costs associated with contract 
     management.''.

     SEC. 3862. SYSTEM FOR TRACKING AND REPORTING ALL-INCLUSIVE 
                   COST OF HYDROGRAPHIC SURVEYS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Commerce shall--
       (1) develop and implement a system to track and report the 
     full cost to the Department of Commerce of hydrographic data 
     collection, including costs relating to vessel acquisition, 
     vessel repair, and administration of contracts to procure 
     data;
       (2) evaluate additional measures for comparing cost per 
     unit effort beyond square nautical miles; and
       (3) submit to Congress a report on which additional 
     measures for comparing cost per unit effort the Secretary 
     intends to use and the rationale for such use.
       (b) Development of Strategy for Increased Contracting With 
     Nongovernmental Entities for Hydrographic Data Collection.--
     Not later than 180 days after the date on which the Secretary 
     completes the activities required by subsection (a), the 
     Secretary shall develop a strategy for how the National 
     Oceanic and Atmospheric Administration will increase 
     contracting with nongovernmental entities for hydrographic 
     data collection in a manner that is consistent with the 
     requirements of the Ocean and Coastal Mapping Integration Act 
     (Public Law 111-11; 33 U.S.C. 3501 et seq.).

     SEC. 3863. HOMEPORT OF CERTAIN RESEARCH VESSELS.

       (a) Acceptance of Funds Authorized.--The Secretary of 
     Commerce may accept non-Federal funds for the purpose of 
     obtaining such cost estimates, designs, permits, and 
     construction as may be necessary for construction of a new 
     port facility--
       (1) to facilitate the homeporting of the R/V FAIRWEATHER in 
     accordance with title II of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 775); 
     and
       (2) that is under the administrative jurisdiction of the 
     Under Secretary for Oceans and Atmosphere.
       (b) Strategic Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     develop and submit to Congress a strategic plan for the 
     construction described in subsection (a).
       (c) Acceptance of Funds Authorized.--The Secretary of 
     Commerce may accept non-Federal funds for the purpose of 
     obtaining such cost estimates, designs, permits, and 
     construction as may be necessary for construction of a new 
     port facility--
       (1) to facilitate the homeporting of a new, existing, or 
     reactivated research vessel in the city of St. Petersburg, 
     Florida; and

[[Page S4505]]

       (2) that is under the administrative jurisdiction of the 
     Under Secretary for Oceans and Atmosphere.
       (d) Strategic Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     develop and submit to Congress a strategic plan for 
     construction or acquisition of the facilities needed to allow 
     for an oceanographic research vessel to be homeported in St. 
     Petersburg, Florida. The strategic plan shall include an 
     estimate of funding needed to construct such facilities.
                                 ______
                                 
  SA 496. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VII, insert the 
     following:

     SEC. 710. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING 
                   STANDARD UNDER TRICARE RETAIL PHARMACY PROGRAM.

       Section 1074g(d) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) With respect to the TRICARE retail pharmacy program 
     described in subsection (a)(2)(E)(ii), the Secretary shall 
     ensure that a contract entered into with a TRICARE pharmacy 
     program contractor includes requirements described in section 
     1860D-12(b)(6) of the Social Security Act (42 U.S.C. 1395w-
     112(b)(6)) to ensure the provision of information regarding 
     the pricing standard for prescription drugs.''.
                                 ______
                                 
  SA 497. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. ELIGIBILITY FOR CERTAIN HEALTH CARE BENEFITS OF 
                   MEMBERS OF THE SELECTED RESERVE ORDERED TO 
                   ACTIVE DUTY FOR PREPLANNED MISSIONS IN SUPPORT 
                   OF THE COMBATANT COMMANDS.

       (a) Pre-mobilization Health Care.--Section 1074(d)(2) of 
     title 10, United States Code, is amended by striking ``in 
     support of a contingency operation under'' and inserting 
     ``under section 12304b of this title or''.
       (b) Transitional Health Care.--Section 1145(a)(2)(B) of 
     such title is amended by striking ``in support of a 
     contingency operation'' and inserting ``under section 12304b 
     of this title or a provision of law referred to in section 
     101(a)(13)(B) of this title''.
                                 ______
                                 
  SA 498. Mr. McCAIN (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       On page 786, between lines 3 and 4, insert the following:

              Subtitle A--Authorization of Appropriations

       On page 787, strike lines 1 through 6 and insert the 
     following:

Subtitle B--Defense Force and Infrastructure Review and Recommendations

     SEC. 2711. SHORT TITLE; PURPOSE.

       (a) Short Title.--This subtitle may be cited as the 
     ``Defense Force and Infrastructure Review Act of 2017''.
       (b) Purpose.--The purpose of this subtitle is to provide a 
     fair and transparent process that will result in the credible 
     analysis of infrastructure requirements and recommendations 
     for military infrastructure.

     SEC. 2712. PROCEDURE FOR MAKING RECOMMENDATIONS FOR 
                   INFRASTRUCTURE CLOSURES AND REALIGNMENTS.

       (a) Force-structure Plan and Infrastructure Inventory.--(1) 
     As part of the budget justification documents submitted to 
     Congress in support of the budget for the Department of 
     Defense for fiscal year 2019, the Secretary shall submit to 
     Congress the following:
       (A)(i) Subject to clause (ii), a force-structure plan for 
     the Armed Forces based on the most recent National Military 
     Strategy, an assessment by the Secretary of the probable 
     threats to the national security during the 20-year period 
     beginning with that fiscal year, the probable end-strength 
     levels and major military force units (including land force 
     divisions, carrier and other major combatant vessels, air 
     wings, and other comparable units) needed to meet those 
     threats, and the anticipated levels of funding that will be 
     available for national defense purposes during such period.
       (ii) The force structure described in the force-structure 
     plan under clause (i) shall contain, at a minimum, a Navy of 
     355 ships, an Air Force of 1500 combat coded aircraft, an 
     Army of 60 brigade combat teams, and a Marine Corps of three 
     Marine expeditionary forces, together with all enabling and 
     supporting elements.
       (B) A comprehensive inventory of military installations 
     world-wide for each military department, with specifications 
     of the number and type of facilities in the active and 
     reserve forces of each military department.
       (2) Using the most recent National Military Strategy and 
     the force-structure plan and infrastructure inventory 
     prepared under paragraph (1), the Secretary shall prepare 
     (and include as part of the submission of such plan and 
     inventory) the following:
       (A) A description of the infrastructure necessary to 
     support the force structure described in the force-structure 
     plan.
       (B) A discussion of categories of excess infrastructure and 
     infrastructure capacity within the United States and the 
     target of the Secretary for the reduction of such excess 
     capacity.
       (C) An economic analysis of the effect of the closure or 
     realignment of military installations to reduce excess 
     infrastructure.
       (3) In determining the level of necessary versus excess 
     infrastructure under paragraph (2), the Secretary shall 
     consider the following:
       (A) The anticipated continuing need for and availability of 
     military installations outside the United States, taking into 
     account current restrictions on the use of military 
     installations outside the United States and the potential for 
     future prohibitions or restrictions on the use of such 
     military installations.
       (B) Any efficiencies that may be gained from joint tenancy 
     by more than one branch of the Armed Forces at a military 
     installation.
       (4) The Secretary may revise the force-structure plan and 
     infrastructure inventory prepared under paragraph (1). If the 
     Secretary makes such a revision, the Secretary shall submit 
     the revised plan or inventory to Congress not later than 
     September 15, 2018. For purposes of selecting military 
     installations for closure or realignment under this subtitle, 
     no revision of the force-structure plan or infrastructure 
     inventory is authorized after September 15, 2018.
       (b) Certification of Need for Further Closures and 
     Realignments.--(1) On the basis of the force-structure plan 
     and infrastructure inventory prepared under subsection (a) 
     and the descriptions and economic analysis prepared under 
     such subsection, the Secretary shall include as part of the 
     submission of the plan and inventory--
       (A) a certification regarding whether the need exists for 
     the closure or realignment of additional military 
     installations; and
       (B) if such need exists, a certification that the 
     additional round of closures and realignments would result in 
     substantial annual net savings for the Department of Defense 
     following the completion of such closures and realignments.
       (2) If the Secretary does not include the certifications 
     referred to in paragraph (1) as part of the submission of the 
     force-structure plan and infrastructure inventory prepared 
     under subsection (a), the President may not commence a round 
     for the selection of military installations for closure and 
     realignment under this subtitle in the year following 
     submission of the force-structure plan and infrastructure 
     inventory.
       (c) Comptroller General Evaluation.--(1) If the 
     certification is provided under subsection (b), the 
     Comptroller General of the United States shall prepare an 
     evaluation of the following:
       (A) The force-structure plan and infrastructure inventory 
     prepared under subsection (a) and the final selection 
     criteria specified in subsection (d), including an evaluation 
     of the accuracy and analytical sufficiency of such plan, 
     inventory, and criteria.
       (B) The need for the closure or realignment of additional 
     military installations.
       (2) The Comptroller General shall submit to Congress the 
     evaluation prepared under paragraph (1) not later than 60 
     days after the date on which the force-structure plan and 
     infrastructure inventory are submitted to Congress.
       (d) Final Selection Criteria.--(1) The final criteria to be 
     used by the Secretary in making recommendations for the 
     closure or realignment of military installations in the 
     United States under this subtitle shall be the military value 
     criteria specified in paragraph (2) and other criteria 
     specified in paragraph (3).
       (2) The military value criteria specified in this paragraph 
     are as follows:
       (A) The current and future mission capabilities and the 
     impact on operational readiness of the total force of the 
     Department of Defense, including the impact on joint 
     warfighting, training, and readiness.
       (B) The availability and condition of land, facilities, and 
     associated airspace (including training areas suitable for 
     maneuver by ground, naval, or air forces throughout a 
     diversity of climate and terrain areas and staging areas for 
     the use of the Armed Forces in homeland defense missions) at 
     both existing and potential receiving locations.
       (C) The ability to accommodate contingency, mobilization, 
     surge, and future total

[[Page S4506]]

     force requirements at both existing and potential receiving 
     locations to support operations and training.
       (D) The cost of operations and the manpower implications.
       (E) The strategic impact of the location of an installation 
     on operational plans, contingency plans, and missions of the 
     combatant commands.
       (3)(A) The other criteria that the Secretary shall use in 
     making recommendations for the closure or realignment of 
     military installations in the United States under this 
     subtitle are as follows:
       (i) The extent and timing of potential costs and savings, 
     including the number of years, beginning with the date of 
     completion of the closure or realignment, for the savings to 
     exceed the costs.
       (ii) The economic impact on existing communities in the 
     vicinity of military installations.
       (iii) The extent with which a closure or realignment 
     contributes to the reduction of excess infrastructure and 
     infrastructure capacity to meet the targeted reduction 
     established by the Secretary as required by subsection 
     (a)(2)(B).
       (iv) The ability of the infrastructure of both the existing 
     and potential receiving communities to support forces, 
     missions, and personnel.
       (v) The cost of mitigating the impact of any increases of 
     such forces, missions, and personnel at receiving locations 
     to maintain the level of service that exists prior to the 
     closure or realignment.
       (vi) The environmental impact, including the impact of 
     costs related to potential environmental restoration, 
     vulnerability adaptation, mitigation, waste management, and 
     environmental compliance activities.
       (B) When determining the costs associated with a closure or 
     realignment under subparagraph (A)(i), the Secretary shall 
     consider costs associated with military construction, 
     information technology, environmental remediation, relocation 
     of personnel, termination of public-private contracts, 
     guarantees, and other factors contributing to the cost of a 
     closure or realignment as determined by the Secretary.
       (e) Priority Given to Military Value.--The Secretary shall 
     give priority consideration to the military value criteria 
     specified in subsection (d)(2) in the making of 
     recommendations for the closure or realignment of military 
     installations.
       (f) Effect on Department and Other Agency Costs.--Selection 
     criteria relating to cost savings or return on investment 
     from the proposed closure or realignment of military 
     installations under this subtitle shall take into account the 
     effect of the proposed closure or realignment on the costs of 
     any other activity of the Department of Defense or any other 
     Federal agency that may be required to assume responsibility 
     for activities at the military installations.
       (g) Relation to Other Materials.--The final selection 
     criteria specified in subsection (d) shall be the only 
     criteria to be used, along with the force-structure plan and 
     infrastructure inventory referred to in subsection (a), in 
     making recommendations for the closure or realignment of 
     military installations in the United States under this 
     subtitle.
       (h) Department of Defense Recommendations.--(1)(A) If the 
     Secretary makes the certifications required under subsection 
     (b), the Secretary shall, by not later than May 15, 2019, 
     publish in the Federal Register--
       (i) with respect to each military installation in the 
     United States, unclassified assessment data of the current 
     condition of facilities and infrastructure and an 
     environmental baseline of known contamination and remediation 
     activities at each such installation that will be used by the 
     Secretary to develop closure and realignment recommendations; 
     and
       (ii) standard rules to be used by the Secretary to 
     calculate annual recurring savings for manpower, base 
     operating costs, utility costs, base closure guarantees, 
     service-sharing agreements, and other installation support 
     activities that the Secretary will use in the determination 
     of the savings derived from closure and realignment of 
     military installations.
       (B) The Secretary shall provide a public comment period of 
     60 days to allow for a review of the data published under 
     subparagraph (A) and an opportunity for the Secretary to 
     correct the assessments to ensure accurate and reliable 
     information is used for final closure and realignment 
     recommendations.
       (C) If the Secretary does not publish the data or standard 
     rules under subparagraph (A) by May 15, 2019, the President 
     shall not commence a round for the selection of military 
     installations for closure and realignment under this 
     subtitle.
       (2)(A) If the Secretary makes the certifications required 
     under subsection (b), the Secretary shall, by not later than 
     October 15, 2019, publish in the Federal Register and 
     transmit to the congressional defense committees a list of 
     the military installations inside the United States that the 
     Secretary recommends for closure or realignment on the basis 
     of the force-structure plan and infrastructure inventory 
     prepared by the Secretary under subsection (a) and the final 
     selection criteria specified in subsection (d).
       (B) The closures and realignments included in the list 
     published by the Secretary under subparagraph (A) may not 
     have an estimated cost to implement that exceeds 
     $5,000,000,000 as certified by the Director of Cost Analysis 
     and Program Evaluation of the Department of Defense.
       (C) At the same time as the transmittal of the list under 
     subparagraph (A), the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a certification that--
       (i) the recommendations included in such list will yield 
     net savings to the Department of Defense within seven years 
     of completing the closures and realignments included in such 
     recommendations; and
       (ii) no individual recommendation for closure or 
     realignment is included in such list unless the closure or 
     realignment demonstrates net savings to the Department within 
     10 years.
       (D) Not later than seven days after the transmittal of the 
     list of recommendations for closure and realignment under 
     subparagraph (A), the Secretary shall submit to the 
     congressional defense committees--
       (i) a summary of the selection process that resulted in the 
     recommendation for each installation, including a 
     justification for each recommendation based on the final 
     selection criteria under subsection (d); and
       (ii) for each such recommendation, a master plan that 
     contains a list of each facility action (including 
     construction, development, conversion, or extension, and any 
     acquisition of land necessary to produce a complete and 
     usable facility or a complete and usable improvement to an 
     existing facility) required to carry out the closure or 
     realignment, including the scope of work, cost, and timing of 
     each construction activity as documented in military 
     construction project data justifications.
       (E) With respect to each recommendation for closure or 
     realignment of a military installation under subparagraph 
     (A), the construction scope and cost data contained in the 
     master plan under subparagraph (D)(ii) for such installation 
     shall be deemed to be the authorization by law to carry out 
     the construction activity as required under chapter 169 of 
     title 10, United States Code.
       (3)(A) In considering military installations for closure or 
     realignment, the Secretary shall consider all military 
     installations in the United States equally without regard to 
     whether the installation has been previously considered or 
     proposed for closure or realignment by the Department.
       (B) In considering military installations for closure or 
     realignment, the Secretary may not take into account for any 
     purpose any advance conversion planning undertaken by an 
     affected community with respect to the anticipated closure or 
     realignment of an installation.
       (C) For purposes of subparagraph (B), in the case of a 
     community anticipating the economic effects of a closure or 
     realignment of a military installation, advance conversion 
     planning--
       (i) shall include community adjustment and economic 
     diversification planning undertaken by the community before 
     an anticipated selection of a military installation in or 
     near the community for closure or realignment; and
       (ii) may include the development of contingency 
     redevelopment plans, plans for economic development and 
     diversification, and plans for the joint use (including 
     civilian and military use, public and private use, civilian 
     dual use, and civilian shared use) of the property or 
     facilities of the installation after the anticipated closure 
     or realignment.
       (D) In making recommendations for closure or realignment of 
     a military installation under subparagraph (A), the Secretary 
     shall consider any notice received from a local government in 
     the vicinity of a military installation that the government 
     would approve of the closure or realignment of the 
     installation.
       (E) Notwithstanding the requirement in subparagraph (D), 
     the Secretary shall make the recommendations referred to in 
     that subparagraph based on the force-structure plan, 
     infrastructure inventory, and final selection criteria 
     otherwise applicable to such recommendations.
       (F) The recommendations shall include a statement of the 
     result of the consideration of any notice described in 
     subparagraph (D) that is received with respect to a military 
     installation covered by such recommendations. The statement 
     shall set forth the reasons for the result.
       (G) For each closure recommendation, and based on an 
     assessment of the extent of economic impact to local 
     communities supporting the military installation to be 
     closed, the Secretary shall determine and propose an amount 
     to be provided to the local redevelopment agency within a 
     year of the final decision to close the installation to be 
     used to accelerate local redevelopment activities.
       (4)(A) In addition to making all information used by the 
     Secretary to prepare the recommendations under this 
     subsection available to Congress (including any committee or 
     member of Congress), the Secretary shall also make such 
     information available to the Comptroller General of the 
     United States.
       (B) The Comptroller General shall analyze the information 
     made available to the Comptroller General under subparagraph 
     (A) for each recommendation (including information provided 
     by local communities) and submit any recommendations of the 
     Comptroller General to Congress for consideration.
       (5)(A) Each person referred to in subparagraph (B), when 
     submitting information to the Secretary of Defense concerning 
     the closure or realignment of a military installation, shall 
     certify that such information is

[[Page S4507]]

     accurate and complete to the best of that person's knowledge 
     and belief.
       (B) Subparagraph (A) applies to the following persons:
       (i) The Secretaries of the military departments.
       (ii) The heads of the Defense Agencies.
       (iii) Each person who is in a position the duties of which 
     include personal and substantial involvement in the 
     preparation and submission of information and recommendations 
     concerning the closure or realignment of military 
     installations, as designated in regulations that the 
     Secretary of Defense shall prescribe, regulations that the 
     Secretary of each military department shall prescribe for 
     personnel within that military department, or regulations 
     that the head of each Defense Agency shall prescribe for 
     personnel within that Defense Agency.
       (6) Any information provided to the Secretary of Defense by 
     a person described in paragraph (5)(B), regardless of the 
     method of transmission, shall be made available for the 
     public record and submitted in written form to the Senate and 
     the House of Representatives to be made available to the 
     Members of the House concerned in accordance with the rules 
     of that House. The information shall be submitted to the 
     Senate and House of Representatives within 48 hours after the 
     submission of the information to the Secretary.
       (7) No military installation may be recommended for 
     inactive status under this subsection unless the Secretary 
     certifies that its use for future mobilization is essential 
     to meet operational plans.
       (8) The Secretary shall analyze and, to the extent the 
     Secretary considers appropriate, recommend the realignment 
     and closure of military installations outside the United 
     States.
       (9) Not later than October 31, 2019, the Secretary shall 
     submit to the President a report containing a list of the 
     military installations that the Secretary recommends for 
     closure or realignment under this subsection, including 
     recommendations regarding military installations outside the 
     United States under paragraph (8).
       (i) Review by the President.--(1) The President shall, by 
     not later than November 15, 2019, transmit to Congress a 
     report containing the President's approval or disapproval of 
     the recommendations of the Secretary under subsection (h).
       (2) If the President approves all of the recommendations of 
     the Secretary, the President shall transmit a copy of such 
     recommendations to Congress, together with a certification of 
     such approval.
       (3) If the President disapproves of the recommendations of 
     the Secretary, in whole or in part, the President shall 
     transmit to Congress the reasons for that disapproval. The 
     Secretary shall then transmit to the President, by not later 
     than December 1, 2019, a revised list of recommendations for 
     the closure and realignment of military installations.
       (4) If the President approves all of the revised 
     recommendations of the Secretary transmitted to the President 
     under paragraph (3), the President shall transmit a copy of 
     such revised recommendations to Congress, together with a 
     certification of such approval.
       (5) If the President does not transmit to Congress an 
     approval and certification described in paragraph (2) or (4) 
     by December 2, 2019, the process by which military 
     installations may be selected for closure or realignment 
     under this subtitle shall be terminated.

     SEC. 2713. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.

       (a) In General.--The Secretary shall--
       (1) close all military installations recommended for 
     closure in the report transmitted to Congress by the 
     President pursuant to section 2712(i) and approved under 
     subsection (b);
       (2) realign all military installations recommended for 
     realignment in such report and approved under such 
     subsection;
       (3) carry out the privatization in place of a military 
     installation recommended for closure or realignment in such 
     report and approved under such subsection only if 
     privatization in place is a method of closure or realignment 
     of the military installation specified in the recommendations 
     in such report and is determined by the Secretary to be the 
     most cost-effective method of implementation of the 
     recommendation;
       (4) carry out the construction activities contained in the 
     master plan for the military installation as required under 
     section 2712(h)(2)(D)(ii);
       (5) initiate all such closures and realignments not later 
     than two years after the date on which the President 
     transmits the report to Congress pursuant to section 2712(i) 
     containing the recommendations for such closures or 
     realignments; and
       (6) complete all such closures and realignments not later 
     than the end of the five-year period beginning on the date on 
     which the President transmits the report pursuant to section 
     2712(i) containing the recommendations for such closures or 
     realignments.
       (b) Congressional Approval.--The Secretary may not carry 
     out a closure or realignment recommended in the report 
     transmitted by the President pursuant to section 2712(i) 
     unless a joint resolution is enacted approving that closure 
     or realignment.

     SEC. 2714. IMPLEMENTATION AND ANALYSIS.

       (a) Use in Making Assessments and Recommendations.--In 
     making assessments and recommendations under section 2712, 
     the Secretary shall analyze the requirements and authorities 
     under this section and consider all of the actions to be 
     taken under this section with respect to closing or 
     realigning a military installation under this subtitle.
       (b) Implementation.--(1) In closing or realigning any 
     military installation under this subtitle, the Secretary 
     may--
       (A) take such actions as may be necessary to close or 
     realign any military installation, including the acquisition 
     of such land, the construction of such replacement 
     facilities, the performance of such activities, and the 
     conduct of such advance planning and design as may be 
     required to transfer functions from a military installation 
     being closed or realigned to another military installation, 
     and may use for such purpose funds in the Account or funds 
     appropriated to the Department of Defense for use in planning 
     and design, minor construction, or operation and maintenance;
       (B)(i) provide--
       (I) economic adjustment assistance to any community located 
     near a military installation being closed or realigned, and
       (II) community planning assistance to any community located 
     near a military installation to which functions will be 
     transferred as a result of the closure or realignment of a 
     military installation,
     if the Secretary of Defense determines that the financial 
     resources available to the community (by grant or otherwise) 
     for such purposes are inadequate, and may use for such 
     purposes funds in the Account or funds appropriated to the 
     Department of Defense for economic adjustment assistance or 
     community planning assistance;
       (C) carry out activities for the purposes of environmental 
     restoration and mitigation at any such installation, and 
     shall use for such purposes funds in the Account;
       (D) provide outplacement assistance to civilian employees 
     employed by the Department of Defense at military 
     installations being closed or realigned, and may use for such 
     purpose funds in the Account or funds appropriated to the 
     Department of Defense for outplacement assistance to 
     employees; and
       (E) reimburse other Federal agencies for actions performed 
     at the request of the Secretary with respect to any such 
     closure or realignment, and may use for such purpose funds in 
     the Account or funds appropriated to the Department of 
     Defense and available for such purpose.
       (2) In carrying out any closure or realignment under this 
     subtitle, the Secretary shall ensure that environmental 
     restoration of any property made excess to the needs of the 
     Department of Defense as a result of such closure or 
     realignment be carried out as soon as possible with funds 
     available for such purpose.
       (c) Management and Disposal of Property.--(1) The 
     Administrator of General Services shall delegate to the 
     Secretary of Defense, with respect to excess and surplus real 
     property, facilities, and personal property located at a 
     military installation closed or realigned under this 
     subtitle--
       (A) the authority of the Administrator to utilize excess 
     property under subchapter II of chapter 5 of title 40, United 
     States Code;
       (B) the authority of the Administrator to dispose of 
     surplus property under subchapter III of chapter 5 of title 
     40, United States Code;
       (C) the authority to dispose of surplus property for public 
     airports under sections 47151 through 47153 of title 49, 
     United States Code; and
       (D) the authority of the Administrator to determine the 
     availability of excess or surplus real property for wildlife 
     conservation purposes in accordance with the Act of May 19, 
     1948 (16 U.S.C. 667b et seq.).
       (2)(A) Subject to subparagraph (B) and paragraphs (3), (4), 
     (5), and (6), the Secretary of Defense shall exercise the 
     authority delegated to the Secretary pursuant to paragraph 
     (1) in accordance with all regulations governing the 
     utilization of excess property and the disposal of surplus 
     property under subtitle I of title 40, United States Code.
       (B) The Secretary may, with the concurrence of the 
     Administrator of General Services--
       (i) prescribe general policies and methods for utilizing 
     excess property and disposing of surplus property pursuant to 
     the authority delegated under paragraph (1); and
       (ii) issue regulations relating to such policies and 
     methods, which shall supersede the regulations referred to in 
     subparagraph (A) with respect to that authority.
       (C) The Secretary of Defense may transfer real property or 
     facilities located at a military installation to be closed or 
     realigned under this subtitle, with or without reimbursement, 
     to a military department or other entity (including a 
     nonappropriated fund instrumentality) within the Department 
     of Defense or the Coast Guard.
       (D) Before any action may be taken with respect to the 
     disposal of any surplus real property or facility located at 
     any military installation to be closed or realigned under 
     this subtitle, the Secretary of Defense shall consult with 
     the Governor of the State and the heads of the local 
     governments concerned for the purpose of considering any plan 
     for the use of such property by the local community 
     concerned.
       (E) If a military installation to be closed, realigned, or 
     placed in an inactive status under this subtitle includes a 
     road used for public access through, into, or around the 
     installation, the Secretary of Defense shall consult with the 
     Governor of the State and the heads of the local governments 
     concerned for the purpose of considering the

[[Page S4508]]

     continued availability of the road for public use after the 
     installation is closed, realigned, or placed in an inactive 
     status.
       (3)(A) Not later than 180 days after the date of approval 
     of the closure or realignment of a military installation 
     under this subtitle, the Secretary, in consultation with the 
     redevelopment authority with respect to the installation, 
     shall--
       (i) inventory the personal property located at the 
     installation; and
       (ii) identify the items (or categories of items) of such 
     personal property that the Secretary determines to be related 
     to real property and anticipates will support the 
     implementation of the redevelopment plan with respect to the 
     installation.
       (B) If no redevelopment authority referred to in 
     subparagraph (A) exists with respect to an installation, the 
     Secretary shall consult with--
       (i) the local government in whose jurisdiction the 
     installation is wholly located; or
       (ii) a local government agency or State government agency 
     designated for the purpose of such consultation by the chief 
     executive officer of the State in which the installation is 
     located.
       (C)(i) Except as provided in subparagraphs (E) and (F), the 
     Secretary may not carry out any of the activities specified 
     in clause (ii) with respect to an installation referred to in 
     that clause until the earlier of--
       (I) one week after the date on which the redevelopment plan 
     for the installation is submitted to the Secretary;
       (II) the date on which the redevelopment authority notifies 
     the Secretary that it will not submit such a plan;
       (III) two years after the date of approval of the closure 
     or realignment of the installation; or
       (IV) 90 days before the date of the closure or realignment 
     of the installation.
       (ii) The activities specified in this clause are activities 
     relating to the closure or realignment of an installation to 
     be closed or realigned under this subtitle as follows:
       (I) The transfer from the installation of items of personal 
     property at the installation identified in accordance with 
     subparagraph (A).
       (II) The reduction in maintenance and repair of facilities 
     or equipment located at the installation below the minimum 
     levels required to support the use of such facilities or 
     equipment for nonmilitary purposes.
       (D) Except as provided in paragraph (4), the Secretary may 
     not transfer items of personal property located at an 
     installation to be closed or realigned under this subtitle to 
     another installation, or dispose of such items, if such items 
     are identified in the redevelopment plan for the installation 
     as items essential to the reuse or redevelopment of the 
     installation. In connection with the development of the 
     redevelopment plan for the installation, the Secretary shall 
     consult with the entity responsible for developing the 
     redevelopment plan to identify the items of personal property 
     located at the installation, if any, that the entity desires 
     to be retained at the installation for reuse or redevelopment 
     of the installation.
       (E) This paragraph shall not apply to any personal property 
     located at an installation to be closed or realigned under 
     this subtitle if the property--
       (i) is required for the operation of a unit, function, 
     component, weapon, or weapons system at another installation;
       (ii) is uniquely military in character, and is likely to 
     have no civilian use (other than use for its material content 
     or as a source of commonly used components);
       (iii) is not required for the reutilization or 
     redevelopment of the installation (as jointly determined by 
     the Secretary and the redevelopment authority);
       (iv) is stored at the installation for purposes of 
     distribution (including spare parts or stock items); or
       (v)(I) meets known requirements of an authorized program of 
     another Federal agency for which expenditures for similar 
     property would be necessary; and
       (II) is the subject of a written request by the head of the 
     agency.
       (F) Notwithstanding subparagraphs (C)(i) and (D), the 
     Secretary may carry out any activity referred to in 
     subparagraph (C)(ii) or (D) if the Secretary determines that 
     the carrying out of such activity is in the national security 
     interest of the United States.
       (4)(A) The Secretary may transfer real property and 
     personal property located at a military installation to be 
     closed or realigned under this subtitle to the redevelopment 
     authority with respect to the installation for purposes of 
     job generation on the installation.
       (B) The transfer of property located at a military 
     installation under subparagraph (A) may be for consideration 
     at or below the estimated fair market value or without 
     consideration. The determination of such consideration may 
     account for the economic conditions of the local affected 
     community and the estimated costs to redevelop the property. 
     The Secretary may accept, as consideration, a share of the 
     revenues that the redevelopment authority receives from 
     third-party buyers or lessees from sales and long-term leases 
     of the conveyed property, a portion of the profits obtained 
     over time from the development of the conveyed property, 
     consideration in kind (including goods and services), real 
     property and improvements, or such other consideration as the 
     Secretary considers appropriate. The transfer of property 
     located at a military installation under subparagraph (A) may 
     be made for consideration below the estimated fair market 
     value or without consideration only if the redevelopment 
     authority with respect to the installation--
       (i) agrees that the proceeds from any sale or lease of the 
     property (or any portion thereof) received by the 
     redevelopment authority during at least the first seven years 
     after the date of the initial transfer of property under 
     subparagraph (A) shall be used to support the economic 
     redevelopment of, or related to, the installation; and
       (ii) executes the agreement for transfer of the property 
     and accepts control of the property within a reasonable time 
     after the date of the property disposal record of decision or 
     finding of no significant impact under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (C) For purposes of subparagraph (B)(i), the use of 
     proceeds from a sale or lease described in such subparagraph 
     to pay for, or offset the costs of, public investment on or 
     related to the installation for any of the following purposes 
     shall be considered a use to support the economic 
     redevelopment of, or related to, the installation:
       (i) Road construction.
       (ii) Transportation management facilities.
       (iii) Storm and sanitary sewer construction.
       (iv) Police and fire protection facilities and other public 
     facilities.
       (v) Utility construction.
       (vi) Building rehabilitation.
       (vii) Historic property preservation.
       (viii) Pollution prevention equipment or facilities.
       (ix) Demolition.
       (x) Disposal of hazardous materials generated by 
     demolition.
       (xi) Landscaping, grading, and other site or public 
     improvements.
       (xii) Planning for or the marketing of the development and 
     reuse of the installation.
       (xiii) Adaptation for and mitigation of natural disasters.
       (D) The Secretary may recoup from a redevelopment authority 
     such portion of the proceeds from a sale or lease described 
     in subparagraph (B) as the Secretary determines appropriate 
     if the redevelopment authority does not use the proceeds to 
     support economic redevelopment of, or related to, the 
     installation for the period specified in subparagraph (B).
       (E)(i) The Secretary may transfer real property at an 
     installation approved for closure or realignment under this 
     subtitle (including property at an installation approved for 
     realignment which will be retained by the Department of 
     Defense or another Federal agency after realignment) to the 
     redevelopment authority for the installation if the 
     redevelopment authority agrees to lease, directly upon 
     transfer, one or more portions of the property transferred 
     under this subparagraph to the Secretary or to the head of 
     another Federal agency. Subparagraph (B) shall apply to a 
     transfer under this subparagraph.
       (ii) A lease under clause (i) shall be for a term not to 
     exceed 50 years, but may provide for options for renewal or 
     extension of the term by the agency concerned.
       (iii) A lease under clause (i) may not require rental 
     payments by the United States.
       (iv) A lease under clause (i) shall include a provision 
     specifying that if the agency concerned ceases requiring the 
     use of the leased property before the expiration of the term 
     of the lease, the remainder of the lease term may be 
     satisfied by the same or another Federal agency using the 
     property for a use similar to the use under the lease. 
     Exercise of the authority provided by this clause shall be 
     made in consultation with the redevelopment authority 
     concerned.
       (v) Notwithstanding clause (iii), if a lease under clause 
     (i) involves a substantial portion of the installation, the 
     agency concerned may obtain facility services for the leased 
     property and common area maintenance from the redevelopment 
     authority or the redevelopment authority's assignee as a 
     provision of the lease. The facility services and common area 
     maintenance shall be provided at a rate no higher than the 
     rate charged to non-Federal tenants of the transferred 
     property. Facility services and common area maintenance 
     covered by the lease shall not include--
       (I) municipal services that a State or local government is 
     required by law to provide to all landowners in its 
     jurisdiction without direct charge; or
       (II) firefighting or security-guard functions.
       (F) The transfer of personal property under subparagraph 
     (A) shall not be subject to the provisions of subchapters II 
     and III of chapter 5 of title 40, United States Code, if the 
     Secretary determines that the transfer of such property is 
     necessary for the effective implementation of a redevelopment 
     plan with respect to the installation at which such property 
     is located.
       (G) The provisions of section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real 
     property under this paragraph.
       (H) The Secretary may require any additional terms and 
     conditions in connection with a transfer under this paragraph 
     as the Secretary considers appropriate to protect the 
     interests of the United States.
       (5)(A) Except as provided in subparagraphs (B) and (C), the 
     Secretary shall take such actions as the Secretary determines 
     necessary to ensure that final determinations under paragraph 
     (1) regarding whether another Federal agency has identified a 
     use for any

[[Page S4509]]

     portion of a military installation to be closed or realigned 
     under this subtitle, or will accept transfer of any portion 
     of such installation, are made not later than 180 days after 
     the date of approval of closure or realignment of that 
     installation.
       (B) The Secretary may, in consultation with the 
     redevelopment authority with respect to an installation, 
     postpone making the final determinations referred to in 
     subparagraph (A) with respect to the installation for such 
     period as the Secretary determines appropriate if the 
     Secretary determines that such postponement is in the best 
     interests of the communities affected by the closure or 
     realignment of the installation.
       (C)(i) Before acquiring non-Federal real property as the 
     location for a new or replacement Federal facility of any 
     type, the head of the Federal agency acquiring the property 
     shall consult with the Secretary regarding the feasibility 
     and cost advantages of using Federal property or facilities 
     at a military installation closed or realigned or to be 
     closed or realigned under this subtitle as the location for 
     the new or replacement facility. In considering the 
     availability and suitability of a specific military 
     installation, the Secretary and the head of the Federal 
     agency involved shall obtain the concurrence of the 
     redevelopment authority with respect to the installation and 
     comply with the redevelopment plan for the installation.
       (ii) Not later than 30 days after acquiring non-Federal 
     real property as the location for a new or replacement 
     Federal facility, the head of the Federal agency acquiring 
     the property shall submit to Congress a report containing the 
     results of the consultation under clause (i) and the reasons 
     why military installations referred to in such clause that 
     are located within the area to be served by the new or 
     replacement Federal facility or within a 200-mile radius of 
     the new or replacement facility, whichever area is greater, 
     were considered to be unsuitable or unavailable for the site 
     of the new or replacement facility.
       (6)(A) The disposal of buildings and property located at 
     installations approved for closure or realignment under this 
     subtitle shall be carried out in accordance with this 
     paragraph.
       (B)(i) Not later than the date on which the Secretary of 
     Defense completes the final determinations referred to in 
     paragraph (5) relating to the use or transferability of any 
     portion of an installation covered by this paragraph, the 
     Secretary shall--
       (I) identify the buildings and property at the installation 
     for which the Department of Defense has a use, for which 
     another Federal agency has identified a use, or of which 
     another Federal agency will accept a transfer;
       (II) take such actions as are necessary to identify any 
     building or property at the installation not identified under 
     subclause (I) that is excess property or surplus property;
       (III) submit to the Secretary of Housing and Urban 
     Development and to the redevelopment authority for the 
     installation (or the chief executive officer of the State in 
     which the installation is located if there is no 
     redevelopment authority for the installation at the 
     completion of such final determinations) information on any 
     building or property that is identified under subclause (II); 
     and
       (IV) publish in the Federal Register and in a newspaper of 
     general circulation in the communities in the vicinity of the 
     installation information on the buildings and property 
     identified under subclause (II).
       (ii) Upon the recognition of a redevelopment authority for 
     an installation covered by this paragraph, the Secretary of 
     Defense shall publish in the Federal Register and in a 
     newspaper of general circulation in the communities in the 
     vicinity of the installation information on the redevelopment 
     authority.
       (C)(i) State and local governments, representatives of the 
     homeless, and other interested parties located in the 
     communities in the vicinity of an installation covered by 
     this paragraph shall submit to the redevelopment authority 
     for the installation a notice of the interest, if any, of 
     such governments, representatives, and parties in the 
     buildings or property, or any portion thereof, at the 
     installation that are identified under subparagraph 
     (B)(i)(II). A notice of interest under this clause shall 
     describe the need of the government, representative, or party 
     concerned for the buildings or property covered by the 
     notice.
       (ii) The redevelopment authority for an installation shall 
     assist the governments, representatives, and parties referred 
     to in clause (i) in evaluating buildings and property at the 
     installation for purposes of this subparagraph.
       (iii) In providing assistance under clause (ii), a 
     redevelopment authority shall--
       (I) consult with representatives of the homeless in the 
     communities in the vicinity of the installation concerned; 
     and
       (II) undertake outreach efforts to provide information on 
     the buildings and property to representatives of the 
     homeless, and to other persons or entities interested in 
     assisting the homeless, in such communities.
       (iv) It is the sense of Congress that redevelopment 
     authorities should begin to conduct outreach efforts under 
     clause (iii)(II) with respect to an installation as soon as 
     practicable after the date of approval of closure or 
     realignment of the installation.
       (D)(i) State and local governments, representatives of the 
     homeless, and other interested parties shall submit a notice 
     of interest to a redevelopment authority under subparagraph 
     (C) not later than the date specified for such notice by the 
     redevelopment authority.
       (ii) The date specified under clause (i) shall be--
       (I) in the case of an installation for which a 
     redevelopment authority has been recognized as of the date of 
     the completion of the determinations referred to in paragraph 
     (5), not earlier than 90 days and not later than 180 days 
     after the date of publication of such determination in a 
     newspaper of general circulation in the communities in the 
     vicinity of the installation under subparagraph (B)(i)(IV); 
     and
       (II) in the case of an installation for which a 
     redevelopment authority is not recognized as of such date, 
     not earlier than 90 days and not later than 180 days after 
     the date of the recognition of a redevelopment authority for 
     the installation.
       (iii) Upon specifying a date for an installation under this 
     subparagraph, the redevelopment authority for the 
     installation shall--
       (I) publish the date specified in a newspaper of general 
     circulation in the communities in the vicinity of the 
     installation concerned; and
       (II) notify the Secretary of Defense of the date.
       (E)(i) In submitting to a redevelopment authority under 
     subparagraph (C) a notice of interest in the use of buildings 
     or property at an installation to assist the homeless, a 
     representative of the homeless shall submit the following:
       (I) A description of the homeless assistance program that 
     the representative proposes to carry out at the installation.
       (II) An assessment of the need for the program.
       (III) A description of the extent to which the program is 
     or will be coordinated with other homeless assistance 
     programs in the communities in the vicinity of the 
     installation.
       (IV) A list of the buildings and property to be used for 
     the program at the installation and a justification for why 
     such buildings and property are necessary to carry out the 
     program.
       (V) A description of the financial plan, the organization, 
     and the organizational capacity of the representative to 
     carry out the program.
       (VI) An assessment of the time required in order to 
     commence carrying out the program.
       (ii) A redevelopment authority may not release to the 
     public any information submitted to the redevelopment 
     authority under clause (i)(V) without the consent of the 
     representative of the homeless concerned unless such release 
     is authorized under Federal law and under the law of the 
     State and communities in which the installation concerned is 
     located.
       (iii) If a redevelopment authority does not receive a 
     notice of interest in accordance with clause (i), the 
     requirements set forth in subparagraph (H) are not 
     applicable.
       (F)(i) The redevelopment authority for each installation 
     covered by this paragraph shall prepare a redevelopment plan 
     for the installation. The redevelopment authority shall, in 
     preparing the plan, consider the interests in the use to 
     assist the homeless of the buildings and property at the 
     installation that are expressed in the notices submitted to 
     the redevelopment authority under subparagraph (C).
       (ii)(I) In connection with a redevelopment plan for an 
     installation, a redevelopment authority and representatives 
     of the homeless shall prepare legally binding agreements that 
     provide for the use to assist the homeless of buildings and 
     property, resources, and assistance on or off the 
     installation. The implementation of such agreements shall be 
     contingent upon the decision regarding the disposal of the 
     buildings and property covered by the agreements by the 
     Secretary of Defense under subparagraph (K) or (L).
       (II) Agreements under this clause shall provide for the 
     reversion to the redevelopment authority concerned, or to 
     such other entity or entities as the agreements shall 
     provide, of buildings and property that are made available 
     under this paragraph for use to assist the homeless in the 
     event that such buildings and property cease being used for 
     that purpose.
       (iii) A redevelopment authority shall provide opportunity 
     for public comment on a redevelopment plan before submission 
     of the plan to the Secretary of Defense and the Secretary of 
     Housing and Urban Development under subparagraph (G).
       (iv) A redevelopment authority shall complete preparation 
     of a redevelopment plan for an installation and submit the 
     plan under subparagraph (G) not later than 270 days after the 
     date specified by the redevelopment authority for the 
     installation under subparagraph (D).
       (G)(i) Upon completion of a redevelopment plan under 
     subparagraph (F), a redevelopment authority shall submit an 
     application containing the plan to the Secretary of Defense 
     and the Secretary of Housing and Urban Development.
       (ii) A redevelopment authority shall include in an 
     application under clause (i) the following:
       (I) A copy of the redevelopment plan, including a summary 
     of any public comments on the plan received by the 
     redevelopment authority under subparagraph (F)(iii).
       (II) A copy of each notice of interest of use of buildings 
     and property to assist the homeless that was submitted to the 
     redevelopment authority under subparagraph (C), together with 
     a description of the manner, if any, in which the plan 
     addresses the interest

[[Page S4510]]

     expressed in each such notice and, if the plan does not 
     address such an interest, an explanation why the plan does 
     not address the interest.
       (III) A summary of the outreach undertaken by the 
     redevelopment authority under subparagraph (C)(iii)(II) in 
     preparing the plan.
       (IV) A statement identifying the representatives of the 
     homeless and the homeless assistance planning boards, if any, 
     with which the redevelopment authority consulted in preparing 
     the plan, and the results of such consultations.
       (V) An assessment of the manner in which the redevelopment 
     plan balances the expressed needs of the homeless and the 
     need of the communities in the vicinity of the installation 
     for economic redevelopment and other development.
       (VI) Copies of the agreements that the redevelopment 
     authority proposes to enter into under subparagraph (F)(ii).
       (H)(i) Except as provided in subparagraph (E)(iii), not 
     later than 60 days after receiving a redevelopment plan under 
     subparagraph (G), the Secretary of Housing and Urban 
     Development shall complete a review of the plan. The purpose 
     of the review is to determine whether the plan, with respect 
     to the expressed interest and requests of representatives of 
     the homeless--
       (I) takes into consideration the size and nature of the 
     homeless population in the communities in the vicinity of the 
     installation, the availability of existing services in such 
     communities to meet the needs of the homeless in such 
     communities, and the suitability of the buildings and 
     property covered by the plan for the use and needs of the 
     homeless in such communities;
       (II) takes into consideration any economic impact of the 
     homeless assistance under the plan on the communities in the 
     vicinity of the installation;
       (III) balances in an appropriate manner the needs of the 
     communities in the vicinity of the installation for economic 
     redevelopment and other development with the needs of the 
     homeless in such communities;
       (IV) was developed in consultation with representatives of 
     the homeless and the homeless assistance planning boards, if 
     any, in the communities in the vicinity of the installation; 
     and
       (V) specifies the manner in which buildings and property, 
     resources, and assistance on or off the installation will be 
     made available for homeless assistance purposes.
       (ii) It is the sense of Congress that the Secretary of 
     Housing and Urban Development shall, in completing the review 
     of a plan under this subparagraph, take into consideration 
     and be receptive to the predominant views on the plan of the 
     communities in the vicinity of the installation covered by 
     the plan.
       (iii) The Secretary of Housing and Urban Development may 
     engage in negotiations and consultations with a redevelopment 
     authority before or during the course of a review under 
     clause (i) with a view toward resolving any preliminary 
     determination of the Secretary that a redevelopment plan does 
     not meet a requirement set forth in that clause. The 
     redevelopment authority may modify the redevelopment plan as 
     a result of such negotiations and consultations.
       (iv)(I) Upon completion of a review of a redevelopment plan 
     under clause (i), the Secretary of Housing and Urban 
     Development shall notify the Secretary of Defense and the 
     redevelopment authority concerned of the determination of the 
     Secretary of Housing and Urban Development under that clause.
       (II) If the Secretary of Defense and the redevelopment 
     authority concerned do not receive the notice required by 
     subclause (I) with respect to a military installation within 
     the period required by clause (i), the Secretary of Defense 
     shall dispose of the buildings and property at the 
     installation.
       (v) If the Secretary of Housing and Urban Development 
     determines as a result of a review under clause (iv) that a 
     redevelopment plan does not meet the requirements set forth 
     in clause (i), a notice under clause (iv) shall include--
       (I) an explanation of that determination; and
       (II) a statement of the actions that the redevelopment 
     authority must undertake in order to address that 
     determination.
       (I)(i) Upon receipt of a notice under subparagraph (H)(iv) 
     of a determination that a redevelopment plan does not meet a 
     requirement set forth in subparagraph (H)(i), a redevelopment 
     authority shall have the opportunity to--
       (I) revise the plan in order to address the determination; 
     and
       (II) submit the revised plan to the Secretary of Defense 
     and the Secretary of Housing and Urban Development.
       (ii) A redevelopment authority shall submit a revised plan 
     under this subparagraph to such Secretaries, if at all, not 
     later than 90 days after the date on which the redevelopment 
     authority receives the notice referred to in clause (i).
       (J)(i) Not later than 30 days after receiving a revised 
     redevelopment plan under subparagraph (I), the Secretary of 
     Housing and Urban Development shall review the revised plan 
     and determine if the plan meets the requirements set forth in 
     subparagraph (H)(i).
       (ii)(I) The Secretary of Housing and Urban Development 
     shall notify the Secretary of Defense and the redevelopment 
     authority concerned of the determination of the Secretary of 
     Housing and Urban Development under this subparagraph.
       (II) If the Secretary of Defense and the redevelopment 
     authority concerned do not receive the notice required by 
     subclause (I) with respect to a military installation within 
     the period required by clause (i), the Secretary of Defense 
     shall dispose of the buildings and property at the 
     installation.
       (K)(i) Upon receipt of a notice under subparagraph (H)(iv) 
     or (J)(ii) of the determination of the Secretary of Housing 
     and Urban Development that a redevelopment plan for an 
     installation meets the requirements set forth in subparagraph 
     (H)(i), the Secretary of Defense shall dispose of the 
     buildings and property at the installation.
       (ii) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary of Defense shall treat the redevelopment plan 
     for the installation (including the aspects of the plan 
     providing for disposal to State or local governments, 
     representatives of the homeless, and other interested 
     parties) as part of the proposed Federal action for the 
     installation.
       (iii) The Secretary of Defense shall dispose of buildings 
     and property under clause (i) in accordance with the record 
     of decision or other decision document prepared by the 
     Secretary in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the 
     record of decision or other decision document, the Secretary 
     shall give substantial deference to the redevelopment plan 
     concerned.
       (iv) The disposal under clause (i) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       (v) In the case of a request for a conveyance under clause 
     (i) of buildings and property for public benefit under 
     section 550 of title 40, United States Code, or sections 
     47151 through 47153 of title 49, United States Code, the 
     sponsoring Federal agency shall use the eligibility criteria 
     set forth in such section or subchapter II of chapter 471 of 
     title 49, United States Code (as the case may be) to 
     determine the eligibility of the applicant and use proposed 
     in the request for the public benefit conveyance. The 
     determination of such eligibility should be made before 
     submission of the redevelopment plan concerned under 
     subparagraph (G).
       (L)(i) If the Secretary of Housing and Urban Development 
     determines under subparagraph (J) that a revised 
     redevelopment plan for an installation does not meet the 
     requirements set forth in subparagraph (H)(i), or if no 
     revised plan is so submitted, that Secretary shall--
       (I) review the original redevelopment plan submitted to 
     that Secretary under subparagraph (G), including the notice 
     or notices of representatives of the homeless referred to in 
     clause (ii)(II) of that subparagraph;
       (II) consult with the representatives referred to in 
     subclause (I), if any, for purposes of evaluating the 
     continuing interest of such representatives in the use of 
     buildings or property at the installation to assist the 
     homeless;
       (III) request that each such representative submit to that 
     Secretary the items described in clause (ii); and
       (IV) based on the actions of that Secretary under 
     subclauses (I) and (II), and on any information obtained by 
     that Secretary as a result of such actions, indicate to the 
     Secretary of Defense the buildings and property at the 
     installation that meet the requirements set forth in 
     subparagraph (H)(i).
       (ii) The Secretary of Housing and Urban Development may 
     request under clause (i)(III) that a representative of the 
     homeless submit to that Secretary the following:
       (I) A description of the program of such representative to 
     assist the homeless.
       (II) A description of the manner in which the buildings and 
     property that the representative proposes to use for such 
     purpose will assist the homeless.
       (III) Such information as that Secretary requires in order 
     to determine the financial capacity of the representative to 
     carry out the program and to ensure that the program will be 
     carried out in compliance with Federal environmental law and 
     Federal law against discrimination.
       (IV) A certification that police services, fire protection 
     services, and water and sewer services available in the 
     communities in the vicinity of the installation concerned are 
     adequate for the program.
       (iii) Not later than 30 days after the date of the receipt 
     of a revised plan for an installation under subparagraph (J), 
     the Secretary of Housing and Urban Development shall--
       (I) notify the Secretary of Defense and the redevelopment 
     authority concerned of the buildings and property at an 
     installation under clause (i)(IV) that the Secretary of 
     Housing and Urban Development determines are suitable for use 
     to assist the homeless; and
       (II) notify the Secretary of Defense of the extent to which 
     the revised plan meets the criteria set forth in subparagraph 
     (H)(i).
       (iv)(I) Upon notice from the Secretary of Housing and Urban 
     Development with respect to an installation under clause 
     (iii), the Secretary of Defense shall dispose of buildings 
     and property at the installation in consultation with the 
     Secretary of Housing and Urban Development and the 
     redevelopment authority concerned.
       (II) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary of Defense shall treat the redevelopment plan 
     submitted by the redevelopment authority for the installation 
     (including the aspects of the plan providing for disposal to

[[Page S4511]]

     State or local governments, representatives of the homeless, 
     and other interested parties) as part of the proposed Federal 
     action for the installation. The Secretary of Defense shall 
     incorporate the notification of the Secretary of Housing and 
     Urban Development under clause (iii)(I) as part of the 
     proposed Federal action for the installation only to the 
     extent, if any, that the Secretary of Defense considers such 
     incorporation to be appropriate and consistent with the best 
     and highest use of the installation as a whole, taking into 
     consideration the redevelopment plan submitted by the 
     redevelopment authority.
       (III) The Secretary of Defense shall dispose of buildings 
     and property under subclause (I) in accordance with the 
     record of decision or other decision document prepared by the 
     Secretary in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the 
     record of decision or other decision document, the Secretary 
     shall give deference to the redevelopment plan submitted by 
     the redevelopment authority for the installation.
       (IV) The disposal under subclause (I) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       (V) In the case of a request for a conveyance under 
     subclause (I) of buildings and property for public benefit 
     under section 550 of title 40, United States Code, or 
     sections 47151 through 47153 of title 49, United States Code, 
     the sponsoring Federal agency shall use the eligibility 
     criteria set forth in such section or subchapter II of 
     chapter 471 of title 49, United States Code (as the case may 
     be) to determine the eligibility of the applicant and use 
     proposed in the request for the public benefit conveyance. 
     The determination of such eligibility should be made before 
     submission of the redevelopment plan concerned under 
     subparagraph (G).
       (VI) It is the sense of Congress that the Secretary of 
     Defense and the redevelopment authority should work with 
     State and local agencies to the maximum extent practicable to 
     collaborate on environmental assessments to reduce redundancy 
     of effort and to accelerate redevelopment actions.
       (M)(i) In the event of the disposal of buildings and 
     property of an installation pursuant to subparagraph (K) or 
     (L), the redevelopment authority for the installation shall 
     be responsible for the implementation of and compliance with 
     agreements under the redevelopment plan described in that 
     subparagraph for the installation.
       (ii) If a building or property reverts to a redevelopment 
     authority under such an agreement, the redevelopment 
     authority shall take appropriate actions to secure, to the 
     maximum extent practicable, the utilization of the building 
     or property by other homeless representatives to assist the 
     homeless. A redevelopment authority may not be required to 
     utilize the building or property to assist the homeless.
       (N) The Secretary of Defense may postpone or extend any 
     deadline provided for under this paragraph in the case of an 
     installation covered by this paragraph for such period as the 
     Secretary considers appropriate if the Secretary determines 
     that such postponement is in the interests of the communities 
     affected by the closure or realignment of the installation. 
     The Secretary shall make such determinations in consultation 
     with the redevelopment authority concerned and, in the case 
     of deadlines provided for under this paragraph with respect 
     to the Secretary of Housing and Urban Development, in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (O) For purposes of this paragraph, the term ``communities 
     in the vicinity of the installation'', in the case of an 
     installation, means the communities that constitute the 
     political jurisdictions (other than the State in which the 
     installation is located) that comprise the redevelopment 
     authority for the installation.
       (P) For purposes of this paragraph, the term ``other 
     interested parties'', in the case of an installation, 
     includes any parties eligible for the conveyance of property 
     of the installation under section 550 of title 40, United 
     States Code, or sections 47151 through 47153 of title 49, 
     United States Code, whether or not the parties assist the 
     homeless.
       (7)(A) Subject to subparagraph (C), the Secretary may enter 
     into agreements (including contracts, cooperative agreements, 
     or other arrangements for reimbursement) with local 
     governments for the provision of police or security services, 
     fire protection services, airfield operation services, or 
     other community services by such governments at military 
     installations to be closed under this subtitle, or at 
     facilities not yet transferred or otherwise disposed of in 
     the case of installations closed under this subtitle, if the 
     Secretary determines that the provision of such services 
     under such agreements is in the best interests of the 
     Department of Defense.
       (B) The Secretary may exercise the authority provided under 
     this paragraph without regard to the provisions of chapter 
     146 of title 10, United States Code.
       (C) The Secretary may not exercise the authority under 
     subparagraph (A) with respect to an installation earlier than 
     180 days before the date on which the installation is to be 
     closed.
       (D) The Secretary shall include in a contract for services 
     entered into with a local government under this paragraph a 
     clause that requires the use of professionals to furnish the 
     services to the extent that professionals are available in 
     the area under the jurisdiction of such government.
       (d) Applicability of National Environmental Policy Act of 
     1969.--(1) The provisions of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply 
     to the actions of the President and, except as provided in 
     paragraph (2), the Department of Defense in carrying out this 
     subtitle.
       (2)(A) The provisions of the National Environmental Policy 
     Act of 1969 shall apply to actions of the Department of 
     Defense under this subtitle--
       (i) during the process of property disposal; and
       (ii) during the process of relocating functions from a 
     military installation being closed or realigned to another 
     military installation after the receiving installation has 
     been selected but before the functions are relocated.
       (B) In applying the provisions of the National 
     Environmental Policy Act of 1969 to the processes referred to 
     in subparagraph (A), the Secretary of Defense and the 
     Secretary of the military departments concerned shall not 
     have to consider--
       (i) the need for closing or realigning the military 
     installation that has been recommended for closure or 
     realignment;
       (ii) the need for transferring functions to any military 
     installation that has been selected as the receiving 
     installation; or
       (iii) military installations alternative to those 
     recommended or selected.
       (3) A civil action for judicial review, with respect to any 
     requirement of the National Environmental Policy Act of 1969 
     to the extent such Act is applicable under paragraph (2), of 
     any act or failure to act by the Department of Defense during 
     the closing, realigning, or relocating of functions referred 
     to in clauses (i) and (ii) of paragraph (2)(A), may not be 
     brought more than 60 days after the date of such act or 
     failure to act.
       (e) Waiver.--The Secretary of Defense may close or realign 
     military installations under this subtitle without regard 
     to--
       (1) any provision of law restricting the use of funds for 
     closing or realigning military installations included in any 
     appropriations or authorization Act; and
       (2) sections 2662 and 2687 of title 10, United States Code.
       (f) Transfer Authority in Connection With Payment of 
     Environmental Remediation Costs.--(1)(A) Subject to paragraph 
     (2) of this subsection and section 120(h) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may 
     enter into an agreement to transfer by deed real property or 
     facilities referred to in subparagraph (B) with any person 
     who agrees to perform all environmental restoration, waste 
     management, and environmental compliance activities that are 
     required for the property or facilities under Federal and 
     State laws, administrative decisions, agreements (including 
     schedules and milestones), and concurrences.
       (B) The real property and facilities referred to in 
     subparagraph (A) are the real property and facilities located 
     at an installation closed or to be closed, or realigned or to 
     be realigned, under this subtitle that are available 
     exclusively for the use, or expression of an interest in a 
     use, of a redevelopment authority under subsection (c)(6)(F) 
     during the period provided for that use, or expression of 
     interest in use, under that subsection. The real property and 
     facilities referred to in subparagraph (A) are also the real 
     property and facilities located at an installation approved 
     for closure or realignment under this subtitle that are 
     available for purposes other than to assist the homeless.
       (C) The Secretary may require any additional terms and 
     conditions in connection with an agreement authorized by 
     subparagraph (A) as the Secretary considers appropriate to 
     protect the interests of the United States.
       (2) A transfer of real property or facilities may be made 
     under paragraph (1) only if the Secretary certifies to 
     Congress that--
       (A) the costs of all environmental restoration, waste 
     management, and environmental compliance activities otherwise 
     to be paid by the Secretary with respect to the property or 
     facilities are equal to or greater than the fair market value 
     of the property or facilities to be transferred, as 
     determined by the Secretary; or
       (B) if such costs are lower than the fair market value of 
     the property or facilities, the recipient of the property or 
     facilities agrees to pay the difference between the fair 
     market value and such costs.
       (3) In the case of property or facilities covered by a 
     certification under paragraph (2)(A), the Secretary may pay 
     the recipient of such property or facilities an amount equal 
     to the lesser of--
       (A) the amount by which the costs incurred by the recipient 
     of such property or facilities for all environmental 
     restoration, waste, management, and environmental compliance 
     activities with respect to such property or facilities exceed 
     the fair market value of such property or facilities as 
     specified in such certification; or
       (B) the amount by which the costs (as determined by the 
     Secretary) that would otherwise have been incurred by the 
     Secretary for such restoration, management, and activities 
     with respect to such property or facilities exceed the fair 
     market value of such property or facilities as so specified.
       (4) As part of an agreement under paragraph (1), the 
     Secretary shall disclose to the person to whom the property 
     or facilities

[[Page S4512]]

     will be transferred any information of the Secretary 
     regarding the environmental restoration, waste management, 
     and environmental compliance activities described in 
     paragraph (1) that relate to the property or facilities. The 
     Secretary shall provide such information before entering into 
     the agreement.
       (5) Nothing in this subsection shall be construed to 
     modify, alter, or amend the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.).
       (6) Section 330 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 
     note) shall not apply to any transfer under this subsection 
     to persons or entities described in subsection (a)(2) of such 
     section 330, except in the case of releases or threatened 
     releases not disclosed pursuant to paragraph (4) of this 
     subsection.

     SEC. 2715. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2017.

       (a) In General.--(1) If a joint resolution is enacted under 
     section 2713(b), there shall be established on the books of 
     the Treasury an account to be known as the ``Department of 
     Defense Base Closure Account 2017'' (in this section referred 
     to as the ``Account''). The Account shall be administered by 
     the Secretary as a single account.
       (2) There shall be deposited into the Account--
       (A) funds authorized for and appropriated to the Account;
       (B) any funds that the Secretary may, subject to approval 
     in an appropriation Act, transfer to the Account from funds 
     appropriated to the Department of Defense for any purpose, 
     except that such funds may be transferred only after the date 
     on which the Secretary transmits written notice of, and 
     justification for, such transfer to the congressional defense 
     committees; and
       (C) except as provided in subsection (d), proceeds received 
     from the lease, transfer, or disposal of any property at a 
     military installation that is closed or realigned under this 
     subtitle.
       (3) The Account shall be closed at the time and in the 
     manner provided for appropriation accounts under section 1555 
     of title 31, United States Code. Unobligated funds that 
     remain in the Account upon closure shall be held by the 
     Secretary of the Treasury until transferred by law after the 
     congressional defense committees receive the report 
     transmitted under subsection (c)(2).
       (b) Use of Funds.--(1) The Secretary may use the funds in 
     the Account only for the purposes described in section 2714 
     with respect to military installations approved for closure 
     or realignment under this subtitle.
       (2) When a decision is made to use funds in the Account to 
     carry out a construction project under section 2714(a) at a 
     military installation in support of a master plan for the 
     military installation as required under section 
     2712(h)(2)(D)(ii), such construction project shall be 
     conducted in accordance with the sections of chapter 169 of 
     title 10, United States Code, applicable to such construction 
     project.
       (3)(A) In the case of construction projects carried out 
     using funds in the Account that exceed the applicable minor 
     construction threshold under section 2805 of title 10, United 
     States Code, the Secretary may carry out such a project that 
     has not been authorized by law if the Secretary determines 
     that--
       (i) the project is necessary for the Department to execute 
     a closure or realignment action under this subtitle; and
       (ii) the requirement for the project is so urgent that 
     deferral of the project for authorization by law would pose a 
     significant delay in proceeding with a realignment or closure 
     action under this subtitle or is inconsistent with national 
     security or the protection of health, safety, or 
     environmental quality.
       (B)(i) When a decision is made to carry out a construction 
     project under subparagraph (A), the Secretary shall submit to 
     the congressional defense committees in writing a report on 
     that decision. Each such report shall include--
       (I) a justification for the project and a current estimate 
     of the cost of the project; and
       (II) a justification for carrying out the project under 
     this subtitle.
       (ii) The Secretary may carry out a construction project 
     under subparagraph (A) only after the end of the seven-day 
     period beginning on the earlier of--
       (I) the date on which the report under clause (i) relating 
     to such project is received by the congressional defense 
     committees; or
       (II) the date on which a copy of such report is provided to 
     such committees in an electronic medium pursuant to section 
     480 of title 10, United States Code.
       (4) The maximum amount that the Secretary may obligate in 
     any fiscal year under this section is $100,000,000.
       (5) A project carried out using funds under this section 
     shall be carried out within the total amount of funds 
     appropriated for the Account that have not been obligated.
       (c) Reports.--(1)(A) Not later than 60 days after the end 
     of each fiscal year in which the Secretary carries out 
     activities under this subtitle using funds in the Account, 
     the Secretary shall transmit a report to the congressional 
     defense committees of--
       (i) the amount and nature of the deposits into, and the 
     expenditures from, the Account during such fiscal year;
       (ii) the amount and nature of other expenditures made 
     pursuant to section 2714(a) during such fiscal year;
       (iii) the amount and nature of anticipated deposits to be 
     made into, and the anticipated expenditures to be made from, 
     the Account during the first fiscal year commencing after the 
     submission of the report; and
       (iv) the amount and nature of anticipated expenditures to 
     be made pursuant to section 2714(a) during the first fiscal 
     year commencing after the submission of the report.
       (B) The report for a fiscal year shall include the 
     following:
       (i) The obligations and expenditures from the Account 
     during the fiscal year, identified by subaccount and 
     installation, for each military department and Defense 
     Agency.
       (ii) The fiscal year in which appropriations for such 
     expenditures were made and the fiscal year in which funds 
     were obligated for such expenditures.
       (iii) Each military construction project for which such 
     obligations and expenditures were made, identified by 
     installation and project title.
       (iv) A description and explanation of the extent, if any, 
     to which expenditures for military construction projects for 
     the fiscal year differed from any proposals for projects and 
     funding levels for the Account for such fiscal year, 
     including an explanation of--
       (I) any failure to carry out military construction projects 
     that were so proposed; and
       (II) any expenditures for military construction projects 
     that were not so proposed.
       (v) An estimate of the net revenues to be received from 
     property disposals to be completed during the first fiscal 
     year commencing after the submission of the report at 
     military installations approved for closure or realignment 
     under this subtitle.
       (2) Not later than 60 days after the closure of the Account 
     under subsection (a)(3), the Secretary shall transmit to the 
     congressional defense committees a report containing an 
     accounting of--
       (A) all of the funds deposited into and expended from the 
     Account or otherwise expended under this subtitle with 
     respect to such installations; and
       (B) any amount remaining in the Account.
       (d) Disposal or Transfer of Commissary Stores and Property 
     Purchased With Nonappropriated Funds.--(1) If any real 
     property or facility acquired, constructed, or improved (in 
     whole or in part) with commissary store funds or 
     nonappropriated funds is transferred or disposed of in 
     connection with the closure or realignment of a military 
     installation under this subtitle, a portion of the proceeds 
     of the transfer or other disposal of property on that 
     installation shall be deposited in the reserve account 
     established under section 204(b)(7)(C) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note).
       (2) The amount so deposited shall be equal to the 
     depreciated value of the investment made with such funds in 
     the acquisition, construction, or improvement of that 
     particular real property or facility. The depreciated value 
     of the investment shall be computed in accordance with 
     regulations prescribed by the Secretary.
       (3) The Secretary may use amounts in the reserve account, 
     without further appropriation, for the purpose of acquiring, 
     constructing, and improving--
       (A) commissary stores; and
       (B) real property and facilities for nonappropriated fund 
     instrumentalities.
       (4) In this subsection:
       (A) The term ``commissary store funds'' means funds 
     received from the adjustment of, or surcharge on, selling 
     prices at commissary stores fixed under section 2685 of title 
     10, United States Code.
       (B) The term ``nonappropriated funds'' means funds received 
     from a nonappropriated fund instrumentality.
       (C) The term ``nonappropriated fund instrumentality'' means 
     an instrumentality of the United States under the 
     jurisdiction of the Armed Forces (including the Army and Air 
     Force Exchange Service, the Navy Resale and Services Support 
     Office, and the Marine Corps exchanges) which is conducted 
     for the comfort, pleasure, contentment, or physical or mental 
     improvement of members of the Armed Forces.
       (e) Account Exclusive Source of Funds for Environmental 
     Restoration Projects.--Except for funds deposited into the 
     Account under subsection (a), funds appropriated to the 
     Department of Defense may not be used for purposes described 
     in section 2714(a)(1)(C). The prohibition in this subsection 
     shall expire upon the closure of the Account under subsection 
     (a)(3).
       (f) Authorized Cost and Scope of Work Variations.--(1) 
     Subject to paragraphs (2) and (3), the cost authorized for a 
     military construction project or military family housing 
     project to be carried out using funds in the Account may not 
     be increased or reduced by more than 20 percent or 
     $2,000,000, whichever is less, of the amount specified for 
     the project in the conference report to accompany the Act of 
     Congress authorizing the project. The scope of work for such 
     a project may not be reduced by more than 25 percent from the 
     scope specified in the most recent budget documents for the 
     projects listed in such conference report.
       (2) Paragraph (1) shall not apply to a military 
     construction project or military family housing project to be 
     carried out using funds in the Account with an estimated cost 
     of less than $5,000,000, unless the project has not

[[Page S4513]]

     been previously identified in any budget submission for the 
     Account and exceeds the applicable minor construction 
     threshold under section 2805 of title 10, United States Code.
       (3) The limitation on cost or scope variation specified in 
     paragraph (1) shall not apply if the Secretary of Defense 
     makes a determination that an increase or reduction in cost 
     or a reduction in the scope of work for a military 
     construction project or military family housing project to be 
     carried out using funds in the Account is required for the 
     sole purpose of meeting unusual variations in cost or scope. 
     If the Secretary makes such a determination, the Secretary 
     shall notify the congressional defense committees of the 
     variation in cost or scope not later than 21 days before the 
     date on which the variation is made in connection with the 
     project or, if the notification is provided in an electronic 
     medium pursuant to section 480 of title 10, United States 
     Code, not later than 14 days before the date on which the 
     variation is made. The Secretary shall include the reasons 
     for the variation in the notification.

     SEC. 2716. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.

       (a) In General.--Except as provided in subsection (c), 
     during the period beginning on the date of the enactment of 
     this Act, and ending on April 15, 2020, this subtitle shall 
     be the exclusive authority for selecting for closure or 
     realignment, or for carrying out any closure or realignment 
     of, a military installation inside the United States.
       (b) Restriction.--Except as provided in subsection (c), 
     none of the funds available to the Department of Defense may 
     be used, other than under this subtitle, during the period 
     specified in subsection (a)--
       (1) to identify, through any transmittal to Congress or 
     through any other public announcement or notification, any 
     military installation inside the United States as an 
     installation to be closed or realigned or as an installation 
     under consideration for closure or realignment; or
       (2) to carry out any closure or realignment of a military 
     installation inside the United States.
       (c) Exception.--Nothing in this subtitle affects the 
     authority of the Secretary to carry out closures and 
     realignments to which section 2687 of title 10, United States 
     Code, is not applicable, including closures and realignments 
     carried out for reasons of national security or a military 
     emergency described in subsection (d) of such section.

     SEC. 2717. DEFINITIONS.

       In this subtitle:
       (1) The term ``Account'' means the Department of Defense 
     Base Closure Account established by section 2715(a)(1).
       (2) The term ``congressional defense committees'' means the 
     Committee on Armed Services and the Committee on 
     Appropriations of the Senate and the Committee on Armed 
     Services and the Committee on Appropriations of the House of 
     Representatives.
       (3) The term ``military installation'' means a base, camp, 
     post, station, yard, center, homeport facility for any ship, 
     or other activity under the jurisdiction of the Department of 
     Defense, including any leased facility. Such term does not 
     include any facility used primarily for civil works, rivers 
     and harbors projects, flood control, or other projects not 
     under the primary jurisdiction or control of the Department 
     of Defense.
       (4) The term ``realignment'' includes any action which both 
     reduces and relocates functions and civilian personnel 
     positions but does not include a reduction in force resulting 
     from workload adjustments, reduced personnel or funding 
     levels, or skill imbalances.
       (5) The term ``Secretary'' means the Secretary of Defense.
       (6) The term ``United States'' means the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     the Virgin Islands, American Samoa, and any other 
     commonwealth, territory, or possession of the United States.
       (7) The term ``date of approval'', with respect to a 
     closure or realignment of an installation, means the date on 
     which Congress approves under section 2713(b) a 
     recommendation of closure or realignment, as the case may be, 
     of such installation.
       (8) The term ``redevelopment authority'', in the case of an 
     installation to be closed or realigned under this subtitle, 
     means any entity (including an entity established by a State 
     or local government) recognized by the Secretary of Defense 
     as the entity responsible for developing the redevelopment 
     plan with respect to the installation or for directing the 
     implementation of such plan.
       (9) The term ``redevelopment plan'' in the case of an 
     installation to be closed or realigned under this subtitle, 
     means a plan that--
       (A) is agreed to by the local redevelopment authority with 
     respect to the installation; and
       (B) provides for the reuse or redevelopment of the real 
     property and personal property of the installation that is 
     available for such reuse and redevelopment as a result of the 
     closure or realignment of the installation.
       (10) The term ``representative of the homeless'' has the 
     meaning given such term in section 501(i)(4) of the Stewart 
     B. McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).

     SEC. 2718. TREATMENT AS A BASE CLOSURE LAW FOR PURPOSES OF 
                   OTHER PROVISIONS OF LAW.

       (a) Definition of ``Base Closure Law'' in Title 10.--
     Section 101(a)(17) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(D) The Defense Force and Infrastructure Review Act of 
     2017.''.
       (b) Definition of ``Base Closure Law'' in Other Laws.--
       (1) Section 131(b) of Public Law 107-249 (10 U.S.C. 221 
     note) is amended by striking ``means'' and all that follows 
     and inserting ``has the meaning given the term `base closure 
     law' in section 101(a)(17) of title 10, United States 
     Code.''.
       (2) Section 1334(k)(1) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2701 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) The Defense Force and Infrastructure Review Act of 
     2017.''.
       (3) Section 2918(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2687 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) The Defense Force and Infrastructure Review Act of 
     2017.''.

     SEC. 2719. CONFORMING AMENDMENTS.

       (a) Deposit and Use of Lease Proceeds.--Section 2667(e) of 
     title 10, United States Code, is amended--
       (1) in paragraph (5), by striking ``on or after January 1, 
     2005,'' and inserting ``from January 1, 2005 through December 
     31, 2005,''; and
       (2) by adding at the end the following new paragraph:
       ``(6) Money rentals received by the United States from a 
     lease under subsection (g) at a military installation 
     approved for closure or realignment under a base closure law 
     on or after January 1, 2006, shall be deposited into the 
     account established under section 2715 of the Defense Force 
     and Infrastructure Review Act of 2017.''.
       (b) Restored Leave.--Section 6304(d)(3)(A) of title 5, 
     United States Code, is amended by striking ``the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note)'' and inserting ``a 
     base closure law, as that term is defined in section 
     101(a)(17) of title 10,''.
                                 ______
                                 
  SA 499. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMPLOYEE BENEFITS PROTECTION.

       (a) Notification of Extent to Which Health Benefits Can Be 
     Modified or Terminated.--
       (1) Inclusion in summary plan description.--Section 102(b) 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1022) is amended by inserting ``; in the case of a 
     group health plan (as so defined), whether the provisions of 
     the plan permit the plan sponsor or any employer 
     participating in the plan to unilaterally modify or terminate 
     the benefits under the plan with respect to employees, 
     retired employees, and beneficiaries, and when and to what 
     extent benefits under the plan are fully vested with respect 
     to employees, retired employees, and beneficiaries'' after 
     ``the name and address of such issuer''.
       (2) Presumption that retired employee health benefits 
     cannot be modified or terminated.--Section 502 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1132) is amended by adding at the end the following new 
     subsection:
       ``(n) In the case of a suit brought under this title by a 
     participant or beneficiary relating to benefits of a retired 
     employee or the dependents of a retired employee under a 
     group health plan (as defined in section 733(a)(1)), the 
     presumption for purposes of such suit shall be that as of the 
     date an employee retires or completes 20 years of service 
     with the employer, benefits available under the plan during 
     retirement of the employee are fully vested and cannot be 
     modified or terminated for the life of the employee or, if 
     longer, the life of the employee's spouse. This presumption 
     can be overcome only upon a showing, by clear and convincing 
     evidence, that the terms of the group health plan allow for a 
     modification or termination of benefits available under the 
     plan and that the employee, prior to becoming a participant 
     in the plan, was made aware, in clear and unambiguous terms, 
     that the plan allowed for such modification or termination of 
     benefits.''.
       (b) Protection of Retirees Under Certain Collectively 
     Bargained Agreements.--Section 8 of the National Labor 
     Relations Act (29 U.S.C. 158) is amended by adding at the end 
     the following:
       ``(h) It shall be an unfair labor practice for any labor 
     organization and any employer to enter into any contract or 
     agreement, express or implied, whereby the organization and 
     employer agree to modify the terms of any previous agreement 
     in a manner that would result in a reduction or termination 
     of retiree health insurance benefits provided to an employee 
     or a dependent of an employee under the previous agreement, 
     if such modification of the terms of the previous agreement 
     occurs after the date on which the employee retires.''.

[[Page S4514]]

  

                                 ______
                                 
  SA 500. Mr. CARDIN (for himself, Mr. Booker, Ms. Hirono, Mr. Nelson, 
Mr. Van Hollen, Mr. Markey, Mr. Brown, Mr. Carper, Mr. Blumenthal, and 
Ms. Stabenow) submitted an amendment intended to be proposed by him to 
the bill H.R. 1628, to provide for reconciliation pursuant to title II 
of the concurrent resolution on the budget for fiscal year 2017; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STRIKING PROVISIONS THAT INCREASE HEALTH 
                   DISPARITIES.

       Any provision of this Act that would increase health 
     disparities among certain populations, including disparities 
     on the basis of race and ethnicity, socioeconomic status, 
     gender, religion, disability status, geographic location, and 
     sexual identity and orientation shall be null and void and of 
     no effect.
                                 ______
                                 
  SA 501. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                              DIVISION __

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Keeping Health Insurance Affordable Act of 2017''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.

              TITLE I--MARKETPLACE STABILITY AND SECURITY

Sec. 101. Individual Market Reinsurance Fund.
Sec. 102. Public health insurance option.

               TITLE II--HEALTH CARE FINANCIAL ASSISTANCE

Sec. 201. Increase in eligibility for premium assistance tax credits.
Sec. 202. Enhancements for reduced cost sharing.

                        TITLE III--DRUG PRICING

Sec. 301. Requiring drug manufacturers to provide drug rebates for 
              drugs dispensed to low-income individuals.
Sec. 302. Negotiation of prices for medicare prescription drugs.
Sec. 303. Guaranteed prescription drug benefits.
Sec. 304. Full reimbursement for qualified retiree prescription drug 
              plans.

              TITLE IV--MEDICAID COLLABORATIVE CARE MODELS

Sec. 401. Enhanced FMAP for medical assistance provided through a 
              collaborative care model.

              TITLE I--MARKETPLACE STABILITY AND SECURITY

     SEC. 101. INDIVIDUAL MARKET REINSURANCE FUND.

       (a) Establishment of Fund.--
       (1) In general.--There is established the ``Individual 
     Market Reinsurance Fund'' to be administered by the Secretary 
     to provide funding for an individual market stabilization 
     reinsurance program in each State that complies with the 
     requirements of this section.
       (2) Funding.--There is appropriated to the Fund, out of any 
     moneys in the Treasury not otherwise appropriated, such sums 
     as are necessary to carry out this section (other than 
     subsection (c)) for each calendar year beginning with 2018. 
     Amounts appropriated to the Fund shall remain available 
     without fiscal or calendar year limitation to carry out this 
     section.
       (b) Individual Market Reinsurance Program.--
       (1) Use of funds.--The Secretary shall use amounts in the 
     Fund to establish a reinsurance program under which the 
     Secretary shall make reinsurance payments to health insurance 
     issuers with respect to high-cost individuals enrolled in 
     qualified health plans offered by such issuers that are not 
     grandfathered health plans or transitional health plans for 
     any plan year beginning with the 2018 plan year. This 
     subsection constitutes budget authority in advance of 
     appropriations Acts and represents the obligation of the 
     Secretary to provide payments from the Fund in accordance 
     with this subsection.
       (2) Amount of payment.--The payment made to a health 
     insurance issuer under subsection (a) with respect to each 
     high-cost individual enrolled in a qualified health plan 
     issued by the issuer that is not a grandfathered health plan 
     or a transitional health plan shall equal 80 percent of the 
     lesser of--
       (A) the amount (if any) by which the individual's claims 
     incurred during the plan year exceeds--
       (i) in the case of the 2018, 2019, or 2020 plan year, 
     $50,000; and
       (ii) in the case of any other plan year, $100,000; or
       (B) for plan years described in--
       (i) subparagraph (A)(i), $450,000; and
       (ii) subparagraph (A)(ii), $400,000.
       (3) Indexing.--In the case of plan years beginning after 
     2018, the dollar amounts that appear in subparagraphs (A) and 
     (B) of paragraph (2) shall each be increased by an amount 
     equal to--
       (A) such amount; multiplied by
       (B) the premium adjustment percentage specified under 
     section 1302(c)(4) of the Affordable Care Act, but determined 
     by substituting ``2018'' for ``2013''.
       (4) Payment methods.--
       (A) In general.--Payments under this subsection shall be 
     based on such a method as the Secretary determines. The 
     Secretary may establish a payment method by which interim 
     payments of amounts under this subsection are made during a 
     plan year based on the Secretary's best estimate of amounts 
     that will be payable after obtaining all of the information.
       (B) Requirement for provision of information.--
       (i) Requirement.--Payments under this subsection to a 
     health insurance issuer are conditioned upon the furnishing 
     to the Secretary, in a form and manner specified by the 
     Secretary, of such information as may be required to carry 
     out this subsection.
       (ii) Restriction on use of information.--Information 
     disclosed or obtained pursuant to clause (i) is subject to 
     the HIPAA privacy and security law, as defined in section 
     3009(a) of the Public Health Service Act (42 U.S.C. 300jj-
     19(a)).
       (5) Secretary flexibility for budget neutral revisions to 
     reinsurance payment specifications.--If the Secretary 
     determines appropriate, the Secretary may substitute higher 
     dollar amounts for the dollar amounts specified under 
     subparagraphs (A) and (B) of paragraph (2) (and adjusted 
     under paragraph (3), if applicable) if the Secretary 
     certifies that such substitutions, considered together, 
     neither increase nor decease the total projected payments 
     under this subsection.
       (c) Outreach and Enrollment.--
       (1) In general.--During the period that begins on January 
     1, 2018, and ends on December 31, 2020, the Secretary shall 
     award grants to eligible entities for the following purposes:
       (A) Outreach and enrollment.--To carry out outreach, public 
     education activities, and enrollment activities to raise 
     awareness of the availability of, and encourage enrollment 
     in, qualified health plans.
       (B) Assisting individuals transition to qualified health 
     plans.--To provide assistance to individuals who are enrolled 
     in health insurance coverage that is not a qualified health 
     plan enroll in a qualified health plan.
       (C) Assisting enrollment in public health programs.--To 
     facilitate the enrollment of eligible individuals in the 
     Medicare program or in a State Medicaid program, as 
     appropriate.
       (D) Raising awareness of premium assistance and cost-
     sharing reductions.--To distribute fair and impartial 
     information concerning enrollment in qualified health plans 
     and the availability of premium assistance tax credits under 
     section 36B of the Internal Revenue Code of 1986 and cost-
     sharing reductions under section 1402 of the Patient 
     Protection and Affordable Care Act, and to assist eligible 
     individuals in applying for such tax credits and cost-sharing 
     reductions.
       (2) Eligible entities defined.--
       (A) In general.--In this subsection, the term ``eligible 
     entity'' means--
       (i) a State; or
       (ii) a nonprofit community-based organization.
       (B) Enrollment agents.--Such term includes a licensed 
     independent insurance agent or broker that has an arrangement 
     with a State or nonprofit community-based organization to 
     enroll eligible individuals in qualified health plans.
       (C) Exclusions.--Such term does not include an entity 
     that--
       (i) is a health insurance issuer; or
       (ii) receives any consideration, either directly or 
     indirectly, from any health insurance issuer in connection 
     with the enrollment of any qualified individuals or employees 
     of a qualified employer in a qualified health plan.
       (3) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to awarding grants to 
     States or eligible entities in States that have geographic 
     rating areas at risk of having no qualified health plans in 
     the individual market.
       (4) Funding.--Out of any moneys in the Treasury not 
     otherwise appropriated, $500,000,000 is appropriated to the 
     Secretary for each of calendar years 2018 through 2020, to 
     carry out this subsection.
       (d) Reports to Congress.--
       (1) Annual report.--The Secretary shall submit a report to 
     Congress, not later than January 21, 2019, and each year 
     thereafter, that contains the following information for the 
     most recently ended year:
       (A) The number and types of plans in each State's 
     individual market, specifying the number that are qualified 
     health plans, grandfathered health plans, or health insurance 
     coverage that is not a qualified health plan.
       (B) The impact of the reinsurance payments provided under 
     this section on the availability of coverage, cost of 
     coverage, and coverage options in each State.
       (C) The amount of premiums paid by individuals in each 
     State by age, family size, geographic area in the State's 
     individual market, and category of health plan (as described 
     in subparagraph (A)).
       (D) The process used to award funds for outreach and 
     enrollment activities awarded to eligible entities under 
     subsection (c), the

[[Page S4515]]

     amount of such funds awarded, and the activities carried out 
     with such funds.
       (E) Such other information as the Secretary deems relevant.
       (2) Evaluation report.--Not later than January 31, 2022, 
     the Secretary shall submit to Congress a report that--
       (A) analyzes the impact of the funds provided under this 
     section on premiums and enrollment in the individual market 
     in all States; and
       (B) contains a State-by-State comparison of the design of 
     the programs carried out by States with funds provided under 
     this section.
       (e) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Health and Human Services.
       (2) Fund.--The term ``Fund'' means the Individual Market 
     Reinsurance Fund established under subsection (a).
       (3) Grandfathered health plan.--The term ``grandfathered 
     health plan'' has the meaning given that term in section 
     1251(e) of the Patient Protection and Affordable Care Act.
       (4) High-cost individual.--The term ``high-cost 
     individual'' means an individual enrolled in a qualified 
     health plan (other than a grandfathered health plan or a 
     transitional health plan) who incurs claims in excess of 
     $50,000 during a plan year.
       (5) State.--The term ``State'' means each of the 50 States 
     and the District of Columbia.
       (6) Transitional health plan.--The term ``transitional 
     health plan'' means a plan continued under the letter issued 
     by the Centers for Medicare & Medicaid Services on November 
     14, 2013, to the State Insurance Commissioners outlining a 
     transitional policy for coverage in the individual and small 
     group markets to which section 1251 of the Patient Protection 
     and Affordable Care Act does not apply, and under the 
     extension of the transitional policy for such coverage set 
     forth in the Insurance Standards Bulletin Series guidance 
     issued by the Centers for Medicare & Medicaid Services on 
     March 5, 2014, February 29, 2016, and February 13, 2017.

     SEC. 102. PUBLIC HEALTH INSURANCE OPTION.

       (a) In General.--Part 3 of subtitle D of title I of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148) is amended by adding at the end the following new 
     section:

     ``SEC. 1325. PUBLIC HEALTH INSURANCE OPTION.

       ``(a) Establishment and Administration of a Public Health 
     Insurance Option.--
       ``(1) Establishment.--For years beginning with 2018, the 
     Secretary of Health and Human Services (in this subtitle 
     referred to as the `Secretary') shall provide for the 
     offering through Exchanges established under this title of a 
     health benefits plan (in this Act referred to as the `public 
     health insurance option') that ensures choice, competition, 
     and stability of affordable, high-quality coverage throughout 
     the United States in accordance with this section. In 
     designing the option, the Secretary's primary responsibility 
     is to create a low-cost plan without compromising quality or 
     access to care.
       ``(2) Offering through exchanges.--
       ``(A) Exclusive to exchanges.--The public health insurance 
     option shall only be made available through Exchanges 
     established under this title.
       ``(B) Ensuring a level playing field.--Consistent with this 
     section, the public health insurance option shall comply with 
     requirements that are applicable under this title to health 
     benefits plans offered through such Exchanges, including 
     requirements related to benefits, benefit levels, provider 
     networks, notices, consumer protections, and cost sharing.
       ``(C) Provision of benefit levels.--The public health 
     insurance option--
       ``(i) shall offer bronze, silver, and gold plans; and
       ``(ii) may offer platinum plans.
       ``(3) Administrative contracting.--The Secretary may enter 
     into contracts for the purpose of performing administrative 
     functions (including functions described in subsection (a)(4) 
     of section 1874A of the Social Security Act) with respect to 
     the public health insurance option in the same manner as the 
     Secretary may enter into contracts under subsection (a)(1) of 
     such section. The Secretary has the same authority with 
     respect to the public health insurance option as the 
     Secretary has under subsections (a)(1) and (b) of section 
     1874A of the Social Security Act with respect to title XVIII 
     of such Act. Contracts under this subsection shall not 
     involve the transfer of insurance risk to such entity.
       ``(4) Ombudsman.--The Secretary shall establish an office 
     of the ombudsman for the public health insurance option which 
     shall have duties with respect to the public health insurance 
     option similar to the duties of the Medicare Beneficiary 
     Ombudsman under section 1808(c)(2) of the Social Security 
     Act. In addition, such office shall work with States to 
     ensure that information and notice is provided that the 
     public health insurance option is one of the health plans 
     available through an Exchange.
       ``(5) Data collection.--The Secretary shall collect such 
     data as may be required to establish premiums and payment 
     rates for the public health insurance option and for other 
     purposes under this section, including to improve quality and 
     to reduce racial, ethnic, and other disparities in health and 
     health care.
       ``(6) Access to federal courts.--The provisions of Medicare 
     (and related provisions of title II of the Social Security 
     Act) relating to access of Medicare beneficiaries to Federal 
     courts for the enforcement of rights under Medicare, 
     including with respect to amounts in controversy, shall apply 
     to the public health insurance option and individuals 
     enrolled under such option under this title in the same 
     manner as such provisions apply to Medicare and Medicare 
     beneficiaries.
       ``(b) Premiums and Financing.--
       ``(1) Establishment of premiums.--
       ``(A) In general.--The Secretary shall establish 
     geographically adjusted premium rates for the public health 
     insurance option--
       ``(i) in a manner that complies with the premium rules 
     under paragraph (3); and
       ``(ii) at a level sufficient to fully finance the costs 
     of--

       ``(I) health benefits provided by the public health 
     insurance option; and
       ``(II) administrative costs related to operating the public 
     health insurance option.

       ``(B) Contingency margin.--In establishing premium rates 
     under subparagraph (A), the Secretary shall include an 
     appropriate amount for a contingency margin.
       ``(2) Account.--
       ``(A) Establishment.--There is established in the Treasury 
     of the United States an account for the receipts and 
     disbursements attributable to the operation of the public 
     health insurance option, including the start-up funding under 
     subparagraph (B). Section 1854(g) of the Social Security Act 
     shall apply to receipts described in the previous sentence in 
     the same manner as such section applies to payments or 
     premiums described in such section.
       ``(B) Start-up funding.--
       ``(i) In general.--In order to provide for the 
     establishment of the public health insurance option there is 
     hereby appropriated to the Secretary, out of any funds in the 
     Treasury not otherwise appropriated, $2,000,000,000. In order 
     to provide for initial claims reserves before the collection 
     of premiums, there is hereby appropriated to the Secretary, 
     out of any funds in the Treasury not otherwise appropriated, 
     such sums as necessary to cover 90 days worth of claims 
     reserves based on projected enrollment.
       ``(ii) Amortization of start-up funding.--The Secretary 
     shall provide for the repayment of the startup funding 
     provided under clause (i) to the Treasury in an amortized 
     manner over the 10-year period beginning with 2018.
       ``(iii) Limitation on funding.--Nothing in this subsection 
     shall be construed as authorizing any additional 
     appropriations to the account, other than such amounts as are 
     otherwise provided with respect to other health benefits 
     plans participating under the Exchange involved.
       ``(3) Insurance rating rules.--The premium rate charged for 
     the public health insurance option may not vary except as 
     provided under section 2701 of the Public Health Service Act.
       ``(c) Payment Rates for Items and Services.--
       ``(1) Rates established by secretary.--
       ``(A) In general.--The Secretary shall establish payment 
     rates for the public health insurance option for services and 
     health care providers consistent with this subsection and may 
     change such payment rates in accordance with subsection (d).
       ``(B) Initial payment rules.--
       ``(i) In general.--During 2018, 2019, and 2020, the 
     Secretary shall set the payment rates under this subsection 
     for services and providers described in subparagraph (A) 
     equal to the payment rates for equivalent services and 
     providers under parts A and B of Medicare, subject to clause 
     (ii), paragraph (4), and subsection (d).
       ``(ii) Exceptions.--The Secretary may determine the extent 
     to which Medicare adjustments applicable to base payment 
     rates under parts A and B of Medicare for graduate medical 
     education and disproportionate share hospitals shall apply 
     under this section.
       ``(C) For new services.--The Secretary shall modify payment 
     rates described in subparagraph (B) in order to accommodate 
     payments for services, such as well-child visits, that are 
     not otherwise covered under Medicare.
       ``(D) Prescription drugs.--Payment rates under this 
     subsection for prescription drugs that are not paid for under 
     part A or part B of Medicare shall be at rates negotiated by 
     the Secretary.
       ``(2) Subsequent periods; provider network.--
       ``(A) Subsequent periods.--Beginning with 2021 and for 
     subsequent years, the Secretary shall continue to use an 
     administrative process to set such rates in order to promote 
     payment accuracy, to ensure adequate beneficiary access to 
     providers, and to promote affordability and the efficient 
     delivery of medical care consistent with subsection (a)(1). 
     Such rates shall not be set at levels expected to increase 
     average medical costs per enrollee covered under the public 
     health insurance option beyond what would be expected if the 
     process under paragraph (1)(B) were continued, as certified 
     by the Office of the Actuary of the Centers for Medicare & 
     Medicaid Services.
       ``(B) Establishment of a provider network.--Health care 
     providers participating under Medicare are participating 
     providers in the public health insurance option unless they 
     opt out in a process established by the Secretary.

[[Page S4516]]

       ``(3) Administrative process for setting rates.--Chapter 5 
     of title 5, United States Code shall apply to the process for 
     the initial establishment of payment rates under this 
     subsection but not to the specific methodology for 
     establishing such rates or the calculation of such rates.
       ``(4) Construction.--Nothing in this section shall be 
     construed as limiting the Secretary's authority to correct 
     for payments that are excessive or deficient, taking into 
     account the provisions of subsection (a)(1) and any 
     appropriate adjustments based on the demographic 
     characteristics of enrollees covered under the public health 
     insurance option, but in no case shall the correction of 
     payments under this paragraph result in a level of 
     expenditures per enrollee that exceeds the level of 
     expenditures that would have occurred under paragraph (1)(B), 
     as certified by the Office of the Actuary of the Centers for 
     Medicare & Medicaid Services.
       ``(5) Construction.--Nothing in this section shall be 
     construed as affecting the authority of the Secretary to 
     establish payment rates, including payments to provide for 
     the more efficient delivery of services, such as the 
     initiatives provided for under subsection (d).
       ``(6) Limitations on review.--There shall be no 
     administrative or judicial review of a payment rate or 
     methodology established under this subsection or under 
     subsection (d).
       ``(d) Modernized Payment Initiatives and Delivery System 
     Reform.--
       ``(1) In general.--For plan years beginning with 2018, the 
     Secretary may utilize innovative payment mechanisms and 
     policies to determine payments for items and services under 
     the public health insurance option. The payment mechanisms 
     and policies under this subsection may include patient-
     centered medical home and other care management payments, 
     accountable care organizations, value-based purchasing, 
     bundling of services, differential payment rates, performance 
     or utilization based payments, partial capitation, and direct 
     contracting with providers. Payment rates under such payment 
     mechanisms and policies shall not be set at levels expected 
     to increase average medical costs per enrollee covered under 
     the public health insurance option beyond what would be 
     expected if the process under subsection (c)(1)(B) were 
     continued, as certified by the Office of the Actuary of the 
     Centers for Medicare & Medicaid Services.
       ``(2) Requirements for innovative payments.--The Secretary 
     shall design and implement the payment mechanisms and 
     policies under this subsection in a manner that--
       ``(A) seeks to--
       ``(i) improve health outcomes;
       ``(ii) reduce health disparities (including racial, ethnic, 
     and other disparities);
       ``(iii) provide efficient and affordable care;
       ``(iv) address geographic variation in the provision of 
     health services; or
       ``(v) prevent or manage chronic illness; and
       ``(B) promotes care that is integrated, patient-centered, 
     high-quality, and efficient.
       ``(3) Encouraging the use of high value services.--To the 
     extent allowed by the benefit standards applied to all health 
     benefits plans participating under the Exchange involved, the 
     public health insurance option may modify cost sharing and 
     payment rates to encourage the use of services that promote 
     health and value.
       ``(4) Non-uniformity permitted.--Nothing in this subtitle 
     shall prevent the Secretary from varying payments based on 
     different payment structure models (such as accountable care 
     organizations and medical homes) under the public health 
     insurance option for different geographic areas.
       ``(e) Provider Participation.--
       ``(1) In general.--The Secretary shall establish conditions 
     of participation for health care providers under the public 
     health insurance option.
       ``(2) Licensure or certification.--The Secretary shall not 
     allow a health care provider to participate in the public 
     health insurance option unless such provider is appropriately 
     licensed or certified under State law.
       ``(3) Payment terms for providers.--
       ``(A) Physicians.--The Secretary shall provide for the 
     annual participation of physicians under the public health 
     insurance option, for which payment may be made for services 
     furnished during the year, in one of 2 classes:
       ``(i) Preferred physicians.--Those physicians who agree to 
     accept the payment rate established under this section 
     (without regard to cost-sharing) as the payment in full.
       ``(ii) Participating, non-preferred physicians.--Those 
     physicians who agree not to impose charges (in relation to 
     the payment rate described in subsection (c) for such 
     physicians) that exceed the ratio permitted under section 
     1848(g)(2)(C) of the Social Security Act.
       ``(B) Other providers.--The Secretary shall provide for the 
     participation (on an annual or other basis specified by the 
     Secretary) of health care providers (other than physicians) 
     under the public health insurance option under which payment 
     shall only be available if the provider agrees to accept the 
     payment rate established under subsection (c) (without regard 
     to cost-sharing) as the payment in full.
       ``(4) Exclusion of certain providers.--The Secretary shall 
     exclude from participation under the public health insurance 
     option a health care provider that is excluded from 
     participation in a Federal health care program (as defined in 
     section 1128B(f) of the Social Security Act).
       ``(f) Application of Fraud and Abuse Provisions.--
     Provisions of law (other than criminal law provisions) 
     identified by the Secretary by regulation, in consultation 
     with the Inspector General of the Department of Health and 
     Human Services, that impose sanctions with respect to waste, 
     fraud, and abuse under Medicare, such as the False Claims Act 
     (31 U.S.C. 3729 et seq.), shall also apply to the public 
     health insurance option.
       ``(g) Medicare Defined.--For purposes of this section, the 
     term `Medicare' means the health insurance programs under 
     title XVIII of the Social Security Act.''.
       (b) Conforming Amendments.--
       (1) Treatment as qualified health plan.--Section 1301(a)(2) 
     of the Patient Protection and Affordable Care Act is 
     amended--
       (A) in the heading, by inserting ``, the public health 
     insurance option,'' before ``and''; and
       (B) by inserting ``the public health insurance option under 
     section 1325,'' before ``and a multi-State plan''.
       (2) Level playing field.--Section 1324(a) of such Act is 
     amended by inserting ``the public health insurance option 
     under section 1325,'' before ``or a multi-State qualified 
     health plan''.

               TITLE II--HEALTH CARE FINANCIAL ASSISTANCE

     SEC. 201. INCREASE IN ELIGIBILITY FOR PREMIUM ASSISTANCE TAX 
                   CREDITS.

       (a) In General.--Subparagraph (A) of section 36B(c)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``400 percent'' and inserting ``600 percent''.
       (b) Conforming Amendment.--The table contained in clause 
     (i) of section 36B(b)(3)(A)(i) of the Internal Revenue Code 
     of 1986 is amended by striking ``400%'' and inserting 
     ``600%''.
       (c) Reconciliation of Credit and Advance Credit.--Clause 
     (i) of section 36B(f)(2)(B) of the Internal Revenue Code of 
     1986 is amended--
       (1) by striking ``In the case of'' and all that follows 
     through ``the amount of'' and inserting ``The amount of'', 
     and
       (2) by striking ``but less than 400%'' in the table.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 202. ENHANCEMENTS FOR REDUCED COST SHARING.

       (a) Modification of Amount.--
       (1) In general.--Section 1402(c)(2) of the Patient 
     Protection and Affordable Care Act is amended to read as 
     follows:
       ``(2) Additional reduction.--The Secretary shall establish 
     procedures under which the issuer of a qualified health plan 
     to which this section applies shall further reduce cost-
     sharing under the plan in a manner sufficient to--
       ``(A) in the case of an eligible insured whose household 
     income is not less than 100 percent but not more than 200 
     percent of the poverty line for a family of the size 
     involved, increase the plan's share of the total allowed 
     costs of benefits provided under the plan to 95 percent of 
     such costs;
       ``(B) in the case of an eligible insured whose household 
     income is more than 200 percent but not more than 300 percent 
     of the poverty line for a family of the size involved, 
     increase the plan's share of the total allowed costs of 
     benefits provided under the plan to 90 percent of such costs; 
     and
       ``(C) in the case of an eligible insured whose household 
     income is more than 300 percent but not more than 400 percent 
     of the poverty line for a family of the size involved, 
     increase the plan's share of the total allowed costs of 
     benefits provided under the plan to 85 percent of such 
     costs.''.
       (2) Conforming amendment.--Clause (i) of section 
     1402(c)(1)(B) of such Act is amended to read as follows:
       ``(i) In general.--The Secretary shall ensure the reduction 
     under this paragraph shall not result in an increase in the 
     plan's share of the total allowed costs of benefits provided 
     under the plan above--

       ``(I) 95 percent in the case of an eligible insured 
     described in paragraph (2)(A);
       ``(II) 90 percent in the case of an eligible insured 
     described in paragraph (2)(B); and
       ``(III) 85 percent in the case of an eligible insured 
     described in paragraph (2)(C).''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to plan years beginning after December 31, 2017.
       (b) Funding.--Section 1402 of the Patient Protection and 
     Affordable Care Act is amended by adding at the end the 
     following new subsection:
       ``(g) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, there are appropriated to the 
     Secretary such sums as may be necessary for payments under 
     this section.''.

                        TITLE III--DRUG PRICING

     SEC. 301. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG 
                   REBATES FOR DRUGS DISPENSED TO LOW-INCOME 
                   INDIVIDUALS.

       (a) In General.--Section 1860D-2 of the Social Security Act 
     (42 U.S.C. 1395w-102) is amended--
       (1) in subsection (e)(1), in the matter preceding 
     subparagraph (A), by inserting ``and subsection (f)'' after 
     ``this subsection''; and
       (2) by adding at the end the following new subsection:
       ``(f) Prescription Drug Rebate Agreement for Rebate 
     Eligible Individuals.--

[[Page S4517]]

       ``(1) Requirement.--
       ``(A) In general.--For plan years beginning on or after 
     January 1, 2019, in this part, the term `covered part D drug' 
     does not include any drug or biological product that is 
     manufactured by a manufacturer that has not entered into and 
     have in effect a rebate agreement described in paragraph (2).
       ``(B) 2018 plan year requirement.--Any drug or biological 
     product manufactured by a manufacturer that declines to enter 
     into a rebate agreement described in paragraph (2) for the 
     period beginning on January 1, 2018, and ending on December 
     31, 2018, shall not be included as a `covered part D drug' 
     for the subsequent plan year.
       ``(2) Rebate agreement.--A rebate agreement under this 
     subsection shall require the manufacturer to provide to the 
     Secretary a rebate for each rebate period (as defined in 
     paragraph (6)(B)) ending after December 31, 2017, in the 
     amount specified in paragraph (3) for any covered part D drug 
     of the manufacturer dispensed after December 31, 2017, to any 
     rebate eligible individual (as defined in paragraph (6)(A)) 
     for which payment was made by a PDP sponsor or MA 
     organization under this part for such period, including 
     payments passed through the low-income and reinsurance 
     subsidies under sections 1860D-14 and 1860D-15(b), 
     respectively. Such rebate shall be paid by the manufacturer 
     to the Secretary not later than 30 days after the date of 
     receipt of the information described in section 1860D-
     12(b)(7), including as such section is applied under section 
     1857(f)(3), or 30 days after the receipt of information under 
     subparagraph (D) of paragraph (3), as determined by the 
     Secretary. Insofar as not inconsistent with this subsection, 
     the Secretary shall establish terms and conditions of such 
     agreement relating to compliance, penalties, and program 
     evaluations, investigations, and audits that are similar to 
     the terms and conditions for rebate agreements under 
     paragraphs (3) and (4) of section 1927(b).
       ``(3) Rebate for rebate eligible medicare drug plan 
     enrollees.--
       ``(A) In general.--The amount of the rebate specified under 
     this paragraph for a manufacturer for a rebate period, with 
     respect to each dosage form and strength of any covered part 
     D drug provided by such manufacturer and dispensed to a 
     rebate eligible individual, shall be equal to the product 
     of--
       ``(i) the total number of units of such dosage form and 
     strength of the drug so provided and dispensed for which 
     payment was made by a PDP sponsor or an MA organization under 
     this part for the rebate period, including payments passed 
     through the low-income and reinsurance subsidies under 
     sections 1860D-14 and 1860D-15(b), respectively; and
       ``(ii) the amount (if any) by which--

       ``(I) the Medicaid rebate amount (as defined in 
     subparagraph (B)) for such form, strength, and period, 
     exceeds
       ``(II) the average Medicare drug program rebate eligible 
     rebate amount (as defined in subparagraph (C)) for such form, 
     strength, and period.

       ``(B) Medicaid rebate amount.--For purposes of this 
     paragraph, the term `Medicaid rebate amount' means, with 
     respect to each dosage form and strength of a covered part D 
     drug provided by the manufacturer for a rebate period--
       ``(i) in the case of a single source drug or an innovator 
     multiple source drug, the amount specified in paragraph 
     (1)(A)(ii)(II) or (2)(C) of section 1927(c) plus the amount, 
     if any, specified in subparagraph (A)(ii) of paragraph (2) of 
     such section, for such form, strength, and period; or
       ``(ii) in the case of any other covered outpatient drug, 
     the amount specified in paragraph (3)(A)(i) of such section 
     for such form, strength, and period.
       ``(C) Average medicare drug program rebate eligible rebate 
     amount.--For purposes of this subsection, the term `average 
     Medicare drug program rebate eligible rebate amount' means, 
     with respect to each dosage form and strength of a covered 
     part D drug provided by a manufacturer for a rebate period, 
     the sum, for all PDP sponsors under part D and MA 
     organizations administering an MA-PD plan under part C, of--
       ``(i) the product, for each such sponsor or organization, 
     of--

       ``(I) the sum of all rebates, discounts, or other price 
     concessions (not taking into account any rebate provided 
     under paragraph (2) or any discounts under the program under 
     section 1860D-14A) for such dosage form and strength of the 
     drug dispensed, calculated on a per-unit basis, but only to 
     the extent that any such rebate, discount, or other price 
     concession applies equally to drugs dispensed to rebate 
     eligible Medicare drug plan enrollees and drugs dispensed to 
     PDP and MA-PD enrollees who are not rebate eligible 
     individuals; and
       ``(II) the number of the units of such dosage and strength 
     of the drug dispensed during the rebate period to rebate 
     eligible individuals enrolled in the prescription drug plans 
     administered by the PDP sponsor or the MA-PD plans 
     administered by the MA organization; divided by

       ``(ii) the total number of units of such dosage and 
     strength of the drug dispensed during the rebate period to 
     rebate eligible individuals enrolled in all prescription drug 
     plans administered by PDP sponsors and all MA-PD plans 
     administered by MA organizations.
       ``(D) Use of estimates.--The Secretary may establish a 
     methodology for estimating the average Medicare drug program 
     rebate eligible rebate amounts for each rebate period based 
     on bid and utilization information under this part and may 
     use these estimates as the basis for determining the rebates 
     under this section. If the Secretary elects to estimate the 
     average Medicare drug program rebate eligible rebate amounts, 
     the Secretary shall establish a reconciliation process for 
     adjusting manufacturer rebate payments not later than 3 
     months after the date that manufacturers receive the 
     information collected under section 1860D-12(b)(7)(B).
       ``(4) Length of agreement.--The provisions of paragraph (4) 
     of section 1927(b) (other than clauses (iv) and (v) of 
     subparagraph (B)) shall apply to rebate agreements under this 
     subsection in the same manner as such paragraph applies to a 
     rebate agreement under such section.
       ``(5) Other terms and conditions.--The Secretary shall 
     establish other terms and conditions of the rebate agreement 
     under this subsection, including terms and conditions related 
     to compliance, that are consistent with this subsection.
       ``(6) Definitions.--In this subsection and section 1860D-
     12(b)(7):
       ``(A) Rebate eligible individual.--The term `rebate 
     eligible individual' means--
       ``(i) a subsidy eligible individual (as defined in section 
     1860D-14(a)(3)(A));
       ``(ii) a Medicaid beneficiary treated as a subsidy eligible 
     individual under clause (v) of section 1860D-14(a)(3)(B); and
       ``(iii) any part D eligible individual not described in 
     clause (i) or (ii) who is determined for purposes of the 
     State plan under title XIX to be eligible for medical 
     assistance under clause (i), (iii), or (iv) of section 
     1902(a)(10)(E).
       ``(B) Rebate period.--The term `rebate period' has the 
     meaning given such term in section 1927(k)(8).''.
       (b) Reporting Requirement for the Determination and Payment 
     of Rebates by Manufacturers Related to Rebate for Rebate 
     Eligible Medicare Drug Plan Enrollees.--
       (1) Requirements for pdp sponsors.--Section 1860D-12(b) of 
     the Social Security Act (42 U.S.C. 1395w-112(b)) is amended 
     by adding at the end the following new paragraph:
       ``(7) Reporting requirement for the determination and 
     payment of rebates by manufacturers related to rebate for 
     rebate eligible medicare drug plan enrollees.--
       ``(A) In general.--For purposes of the rebate under section 
     1860D-2(f) for contract years beginning on or after January 
     1, 2019, each contract entered into with a PDP sponsor under 
     this part with respect to a prescription drug plan shall 
     require that the sponsor comply with subparagraphs (B) and 
     (C).
       ``(B) Report form and contents.--Not later than a date 
     specified by the Secretary, a PDP sponsor of a prescription 
     drug plan under this part shall report to each manufacturer--
       ``(i) information (by National Drug Code number) on the 
     total number of units of each dosage, form, and strength of 
     each drug of such manufacturer dispensed to rebate eligible 
     Medicare drug plan enrollees under any prescription drug plan 
     operated by the PDP sponsor during the rebate period;
       ``(ii) information on the price discounts, price 
     concessions, and rebates for such drugs for such form, 
     strength, and period;
       ``(iii) information on the extent to which such price 
     discounts, price concessions, and rebates apply equally to 
     rebate eligible Medicare drug plan enrollees and PDP 
     enrollees who are not rebate eligible Medicare drug plan 
     enrollees; and
       ``(iv) any additional information that the Secretary 
     determines is necessary to enable the Secretary to calculate 
     the average Medicare drug program rebate eligible rebate 
     amount (as defined in paragraph (3)(C) of such section), and 
     to determine the amount of the rebate required under this 
     section, for such form, strength, and period.
     Such report shall be in a form consistent with a standard 
     reporting format established by the Secretary.
       ``(C) Submission to secretary.--Each PDP sponsor shall 
     promptly transmit a copy of the information reported under 
     subparagraph (B) to the Secretary for the purpose of audit 
     oversight and evaluation.
       ``(D) Confidentiality of information.--The provisions of 
     subparagraph (D) of section 1927(b)(3), relating to 
     confidentiality of information, shall apply to information 
     reported by PDP sponsors under this paragraph in the same 
     manner that such provisions apply to information disclosed by 
     manufacturers or wholesalers under such section, except--
       ``(i) that any reference to `this section' in clause (i) of 
     such subparagraph shall be treated as being a reference to 
     this section;
       ``(ii) the reference to the Director of the Congressional 
     Budget Office in clause (iii) of such subparagraph shall be 
     treated as including a reference to the Medicare Payment 
     Advisory Commission; and
       ``(iii) clause (iv) of such subparagraph shall not apply.
       ``(E) Oversight.--Information reported under this paragraph 
     may be used by the Inspector General of the Department of 
     Health and Human Services for the statutorily authorized 
     purposes of audit, investigation, and evaluations.
       ``(F) Penalties for failure to provide timely information 
     and provision of false

[[Page S4518]]

     information.--In the case of a PDP sponsor--
       ``(i) that fails to provide information required under 
     subparagraph (B) on a timely basis, the sponsor is subject to 
     a civil money penalty in the amount of $10,000 for each day 
     in which such information has not been provided; or
       ``(ii) that knowingly (as defined in section 1128A(i)) 
     provides false information under such subparagraph, the 
     sponsor is subject to a civil money penalty in an amount not 
     to exceed $100,000 for each item of false information.
     Such civil money penalties are in addition to other penalties 
     as may be prescribed by law. The provisions of section 1128A 
     (other than subsections (a) and (b)) shall apply to a civil 
     money penalty under this subparagraph in the same manner as 
     such provisions apply to a penalty or proceeding under 
     section 1128A(a).''.
       (2) Application to ma organizations.--Section 1857(f)(3) of 
     the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended 
     by adding at the end the following:
       ``(D) Reporting requirement related to rebate for rebate 
     eligible medicare drug plan enrollees.--Section 1860D-
     12(b)(7).''.
       (c) Deposit of Rebates Into Medicare Prescription Drug 
     Account.--Section 1860D-16(c) of the Social Security Act (42 
     U.S.C. 1395w-116(c)) is amended by adding at the end the 
     following new paragraph:
       ``(6) Rebate for rebate eligible medicare drug plan 
     enrollees.--Amounts paid under a rebate agreement under 
     section 1860D-2(f) shall be deposited into the Account.''.
       (d) Exclusion From Determination of Best Price and Average 
     Manufacturer Price Under Medicaid.--
       (1) Exclusion from best price determination.--Section 
     1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 
     1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and 
     amounts paid under a rebate agreement under section 1860D-
     2(f)'' after ``this section''.
       (2) Exclusion from average manufacturer price 
     determination.--Section 1927(k)(1)(B)(i) of the Social 
     Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended--
       (A) in subclause (IV), by striking ``and'' after the 
     semicolon;
       (B) in subclause (V), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:

       ``(VI) amounts paid under a rebate agreement under section 
     1860D-2(f).''.

     SEC. 302. NEGOTIATION OF PRICES FOR MEDICARE PRESCRIPTION 
                   DRUGS.

       Section 1860D-11 of the Social Security Act (42 U.S.C. 
     1395w-111) is amended by striking subsection (i) (relating to 
     noninterference) and inserting the following:
       ``(i) Negotiation; No National Formulary or Price 
     Structure.--
       ``(1) Negotiation of prices with manufacturers.--In order 
     to ensure that beneficiaries enrolled under prescription drug 
     plans and MA-PD plans pay the lowest possible price, the 
     Secretary shall have and exercise authority similar to that 
     of other Federal entities that purchase prescription drugs in 
     bulk to negotiate contracts with manufacturers of covered 
     part D drugs, consistent with the requirements and in 
     furtherance of the goals of providing quality care and 
     containing costs under this part.
       ``(2) No national formulary or price structure.--In order 
     to promote competition under this part and in carrying out 
     this part, the Secretary may not require a particular 
     formulary or institute a price structure for the 
     reimbursement of covered part D drugs.''.

     SEC. 303. GUARANTEED PRESCRIPTION DRUG BENEFITS.

       (a) In General.--Section 1860D-3 of the Social Security Act 
     (42 U.S.C. 1395w-103) is amended to read as follows:


      ``access to a choice of qualified prescription drug coverage

       ``Sec. 1860D-3.  (a) Assuring Access to a Choice of 
     Coverage.--
       ``(1) Choice of at least three plans in each area.--
     Beginning on January 1, 2019, the Secretary shall ensure that 
     each part D eligible individual has available, consistent 
     with paragraph (2), a choice of enrollment in--
       ``(A) a nationwide prescription drug plan offered by the 
     Secretary in accordance with subsection (b); and
       ``(B) at least 2 qualifying plans (as defined in paragraph 
     (3)) in the area in which the individual resides, at least 
     one of which is a prescription drug plan.
       ``(2) Requirement for different plan sponsors.--The 
     requirement in paragraph (1)(B) is not satisfied with respect 
     to an area if only one entity offers all the qualifying plans 
     in the area.
       ``(3) Qualifying plan defined.--For purposes of this 
     section, the term `qualifying plan' means--
       ``(A) a prescription drug plan;
       ``(B) an MA-PD plan described in section 1851(a)(2)(A)(i) 
     that provides--
       ``(i) basic prescription drug coverage; or
       ``(ii) qualified prescription drug coverage that provides 
     supplemental prescription drug coverage so long as there is 
     no MA monthly supplemental beneficiary premium applied under 
     the plan, due to the application of a credit against such 
     premium of a rebate under section 1854(b)(1)(C); or
       ``(C) a nationwide prescription drug plan offered by the 
     Secretary in accordance with subsection (b).
       ``(b) HHS as PDP Sponsor for a Nationwide Prescription Drug 
     Plan.--
       ``(1) In general.--The Secretary, acting through the 
     Administrator of the Centers for Medicare & Medicaid 
     Services, shall take such steps as may be necessary to 
     qualify and serve as a PDP sponsor and to offer a 
     prescription drug plan that offers basic prescription drug 
     coverage throughout the United States. Such a plan shall be 
     in addition to, and not in lieu of, other prescription drug 
     plans offered under this part.
       ``(2) Premium; solvency; authorities.--In carrying out 
     paragraph (1), the Secretary--
       ``(A) shall establish a premium in the amount of $37 for 
     months in 2019 and, for months in subsequent years, in the 
     amount specified in this paragraph for months in the previous 
     year increased by the annual percentage increase described in 
     section 1860D-2(b)(6) (relating to growth in medicare 
     prescription drug costs per beneficiary) for the year 
     involved;
       ``(B) is deemed to have met any applicable solvency and 
     capital adequacy standards; and
       ``(C) shall exercise such authorities (including the use of 
     regional or other pharmaceutical benefit managers) as the 
     Secretary determines necessary to offer the prescription drug 
     plan in the same or a comparable manner as is the case for 
     prescription drug plans offered by private PDP sponsors.
       ``(c) Flexibility in Risk Assumed.--In order to ensure 
     access pursuant to subsection (a) in an area the Secretary 
     may approve limited risk plans under section 1860D-11(f) for 
     the area.''.
       (b) Conforming Amendment.--Section 1860D-11(g) of the 
     Social Security Act (42 U.S.C. 1395w-111(g)) is amended by 
     adding at the end the following new paragraph:
       ``(8) Application.--This subsection shall not apply on or 
     after January 1, 2019.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning on or after January 1, 
     2019.

     SEC. 304. FULL REIMBURSEMENT FOR QUALIFIED RETIREE 
                   PRESCRIPTION DRUG PLANS.

       (a) Elimination of True Out-of-Pocket Limitation.--Section 
     1860D-2(b)(4)(C)(iii) of the Social Security Act (42 U.S.C. 
     1395w-102(b)(4)(C)(iii) is amended--
       (1) in subclause (III), by striking ``or'' at the end;
       (2) in subclause (IV), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new subclause:

       ``(V) under a qualified retiree prescription drug plan (as 
     defined in section 1860D-22(a)(2)).''.

       (b) Equalization of Subsidies.--Notwithstanding any other 
     provision of law, the Secretary of Health and Human Services 
     shall provide for such increase in the special subsidy 
     payment amounts under section 1860D-22(a)(3) of the Social 
     Security Act (42 U.S.C. 1395w-132(a)(3)) as may be 
     appropriate to provide for payments in the aggregate 
     equivalent to the payments that would have been made under 
     section 1860D-15 of such Act (42 U.S.C. 1395w-115) if the 
     individuals were not enrolled in a qualified retiree 
     prescription drug plan. In making such computation, the 
     Secretary shall not take into account the application of the 
     amendments made by section 1202 of the Medicare Prescription 
     Drug, Improvement, and Modernization Act of 2003 (Public Law 
     108-173; 117 Stat. 2480).
       (c) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on January 1, 2019.

              TITLE IV--MEDICAID COLLABORATIVE CARE MODELS

     SEC. 401. ENHANCED FMAP FOR MEDICAL ASSISTANCE PROVIDED 
                   THROUGH A COLLABORATIVE CARE MODEL.

       Section 1905 of the Social Security Act (42 U.S.C. 1396d) 
     is amended--
       (1) in the first sentence of subsection (b)--
       (A) by striking ``, and (5)'' and inserting ``, (5)''; and
       (B) by inserting ``, and (6) beginning January 1, 2018, the 
     Federal medical assistance percentage shall be 100 percent 
     with respect to medical assistance provided by a State for 
     items and services delivered through a collaborative care 
     model (as defined in subsection (ee)) or an evidence-based 
     model (which may be a collaborative care model) that 
     integrates behavioral health services into primary care 
     treatment'' before the period;
       (2) by adding at the end the following new subsection:
       ``(ee) Collaborative Care Models.--
       ``(1) In general.--The term `collaborative care model' 
     means a model for providing health care to individuals which 
     adheres to the core services described in paragraph (2) and 
     under which each individual receiving care through the model 
     receives care from a collaborative team of providers 
     described in paragraph (3).
       ``(2) Core services.--The services described in this 
     paragraph are:
       ``(A) Comprehensive care management.
       ``(B) Care coordination and health promotion.
       ``(C) Comprehensive transitional care from inpatient 
     settings to other settings, including appropriate follow up.
       ``(D) Individual and family support, which shall include 
     authorized representatives.
       ``(E) Referral to community and social support services, as 
     appropriate.
       ``(F) The use of health information technology to link 
     services, as feasible and appropriate.

[[Page S4519]]

       ``(3) Collaborative health team.--A team described in this 
     paragraph includes the following providers:
       ``(A) A primary care provider such as a primary care 
     phsyician, an internist, a nurse practitioner, or a 
     physician's assistant.
       ``(B) Care management staff which shall include a member 
     who is a registered professional nurse, a clinical social 
     worker, or a psychologist, and who specializes in primary 
     care management and is trained to provide evidence based care 
     coordination, brief behavioral interventions, and to support 
     treatments (including medications) initiated by a primary 
     care physician.
       ``(C) A psychiatric consultant who shall advise the primary 
     care provider as necessary (either in person or remotely).''.
                                 ______
                                 
  SA 502. Mr. ENZI (for Mr. Heller (for himself and Mrs. Fischer)) 
proposed an amendment to amendment SA 267 proposed by Mr. McConnell to 
the bill H.R. 1628, to provide for reconciliation pursuant to title II 
of the concurrent resolution on the budget for fiscal year 2017; as 
follows:

       Strike subsection (c) of section 109.
                                 ______
                                 
  SA 503. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Strike section 105 and insert the following:

     SEC. 105. EMPLOYER MANDATE.

       (a) In General.--Chapter 43 of the Internal Revenue Code of 
     1986 is amended by striking section 4980H (and the item 
     relating to such section in the table of sections for such 
     chapter).
       (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2015.
                                 ______
                                 
  SA 504. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Strike section 104 and insert the following:

     SEC. 104. INDIVIDUAL MANDATE.

       (a) In General.--The Internal Revenue Code of 1986 is 
     amended by striking chapter 48 (and the item related to such 
     chapter in the table of chapters).
       (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2015.
                                 ______
                                 
  SA 505. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Strike section 114 and insert the following:

     SEC. 105. REPEAL OF MEDICAL DEVICE TAX.

       (a) In General.--Chapter 32 of the Internal Revenue Code of 
     1986 is amended by striking subchapter E.
       (b) Effective Date.--The amendment made by this section 
     shall apply to sales after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 506. Mr. SCHATZ (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OPEN GOVERNMENT DATA.

       (a) Short Title.--This section may be cited as the ``Open, 
     Public, Electronic, and Necessary Government Data Act'' or 
     the ``OPEN Government Data Act''.
       (b) Definition.--In this section, the term ``agency'' has 
     the meaning given the term in section 3561 of title 44, 
     United States Code, as added by subsection (c).
       (c) Open Government Data.--
       (1) In general.--Chapter 35 of title 44, United States 
     Code, is amended by adding at the end the following:

                 ``Subchapter III--Open Government Data

     ``Sec. 3561. Definitions

       ``As used in this subchapter--
       ``(1) the term `agency'--
       ``(A) has the meaning given the term in section 3502; and
       ``(B) includes the Federal Election Commission;
       ``(2) the term `data' means recorded information, 
     regardless of form or the media on which the data is 
     recorded;
       ``(3) the term `data asset' means a collection of data 
     elements or data sets that may be grouped together;
       ``(4) the term `Director' means the Director of the Office 
     of Management and Budget;
       ``(5) the term `Enterprise Data Inventory' means a data 
     inventory developed and maintained under section 3563;
       ``(6) the terms `information resources management', 
     `information system', and `information technology' have the 
     meanings given those terms in section 3502;
       ``(7) the term `machine-readable' means a format in which 
     information or data can be easily processed by a computer 
     without human intervention while ensuring no semantic meaning 
     is lost;
       ``(8) the term `metadata' means structural or descriptive 
     information about data such as content, format, source, 
     rights, accuracy, provenance, frequency, periodicity, 
     granularity, publisher or responsible party, contact 
     information, method of collection, and other descriptions;
       ``(9) the term `open Government data asset' means a data 
     asset maintained by the Federal Government that is--
       ``(A) machine-readable;
       ``(B) available in an open format;
       ``(C) not encumbered by restrictions that would impede use 
     or reuse;
       ``(D) releasable to the public according to guidance issued 
     by the Director under section 3562(d); and
       ``(E) based on an underlying open standard that is 
     maintained by a standards organization; and
       ``(10) the term `open license' means a legal guarantee 
     applied to a data asset that the data asset is made 
     available--
       ``(A) at no cost to the public; and
       ``(B) with no restrictions on copying, publishing, 
     distributing, transmitting, citing, or adapting.

     ``Sec. 3562. Requirements for Government data

       ``(a) Machine-Readable Data Required.--Open Government data 
     assets made available by an agency shall be published as 
     machine-readable data.
       ``(b) Open by Default and Open License Required.--To the 
     extent permitted by law and subject to privacy, 
     confidentiality, security, and any other restrictions, and 
     according to guidance issued by the Director under subsection 
     (d)--
       ``(1) data assets maintained by the Federal Government 
     shall--
       ``(A) be available in an open format; and
       ``(B) be available under open licenses; and
       ``(2) open Government data assets published by or for an 
     agency shall be made available under an open license.
       ``(c) Innovation.--Each agency may engage with 
     nongovernmental organizations, citizens, nonprofit 
     organizations, colleges and universities, private and public 
     companies, and other agencies to explore opportunities to 
     leverage the data assets of the agency in a manner that may 
     provide new opportunities for innovation in the public and 
     private sectors in accordance with law, regulation, and 
     policy.
       ``(d) Guidance for Open by Default and Open License 
     Requirements.--The Director shall issue guidance for agencies 
     to use in implementing subsections (a) and (b), including 
     criteria that the head of each agency shall use in 
     determining whether to make a particular data asset publicly 
     available in a manner that takes into account--
       ``(1) privacy and confidentiality risks and restrictions, 
     including the risk that an individual data asset in isolation 
     does not pose a privacy or confidentiality risk but when 
     combined with other available information may pose such a 
     risk;
       ``(2) security considerations, including the risk that 
     information in an individual data asset in isolation does not 
     pose a security risk but when combined with other available 
     information may pose such a risk;
       ``(3) the cost and benefits to the public of converting a 
     data asset into a machine-readable format that is accessible 
     and useful to the public;
       ``(4) the expectation that a data asset be disclosed, if it 
     would otherwise be made available under section 552 of title 
     5 (commonly known as the `Freedom of Information Act'); and
       ``(5) any other considerations that the Director determines 
     to be relevant.

     ``Sec. 3563. Enterprise Data Inventory

       ``(a) Agency Data Inventory Required.--
       ``(1) In general.--In order to develop a clear and 
     comprehensive understanding of the data assets in the 
     possession of an agency, the head of each agency, in 
     consultation with the Director, shall develop and maintain an 
     enterprise data inventory that accounts for any data asset 
     created, collected, under the control or direction of, or 
     maintained by the agency after the effective date of this 
     section, with the goal of including all data assets, to the 
     extent practicable.
       ``(2) Contents.--Each Enterprise Data Inventory shall 
     include the following:
       ``(A) Data assets used in agency information systems 
     (including program administration, statistics, and financial 
     activity) generated by applications, devices, networks, 
     facilities, and equipment, categorized by source type.
       ``(B) Data assets shared or maintained across agency 
     programs and bureaus.
       ``(C) Data assets that are shared among agencies or created 
     by more than 1 agency.
       ``(D) A clear indication of all data assets that can be 
     made publicly available under section 552 of title 5 
     (commonly known as the `Freedom of Information Act').

[[Page S4520]]

       ``(E) A description of whether the agency has determined 
     that an individual data asset may be made publicly available 
     and whether the data asset is available to the public.
       ``(F) Open Government data assets.
       ``(G) Other elements as required by the guidance issued by 
     the Director under subsection (c).
       ``(b) Public Availability.--The Chief Information Officer 
     of each agency, in coordination with privacy and security 
     officials of the agency, shall use the guidance issued by the 
     Director under section 3562(d) in determining whether to make 
     data assets included in the Enterprise Data Inventory of the 
     agency publicly available in an open format and under an open 
     license.
       ``(c) Guidance for Enterprise Data Inventory.--The Director 
     shall issue guidance for each Enterprise Data Inventory, 
     including a requirement that an Enterprise Data Inventory 
     includes a compilation of metadata about agency data assets.
       ``(d) Availability of Enterprise Data Inventory.--The Chief 
     Information Officer of each agency--
       ``(1) shall make the Enterprise Data Inventory of the 
     agency available to the public on the Federal Data Catalog 
     required under section 3566;
       ``(2) shall ensure that access to the Enterprise Data 
     Inventory of the agency and the data contained therein is 
     consistent with applicable law, regulation, and policy; and
       ``(3) may implement paragraph (1) in a manner that 
     maintains a nonpublic portion of the Enterprise Data 
     Inventory of the agency.
       ``(e) Regular Updates Required.--The Chief Information 
     Officer of each agency shall--
       ``(1) to the extent practicable, complete the Enterprise 
     Data Inventory for the agency not later than 1 year after the 
     date of enactment of this section; and
       ``(2) add additional data assets to the Enterprise Data 
     Inventory for the agency not later than 90 days after the 
     date on which the data asset is created or identified.
       ``(f) Use of Existing Resources.--When practicable, the 
     Chief Information Officer of each agency shall use existing 
     procedures and systems to compile and publish the Enterprise 
     Data Inventory for the agency.

     ``Sec. 3564. Federal agency responsibilities

       ``(a) Information Resources Management.--With respect to 
     general information resources management, each agency shall--
       ``(1) improve the integrity, quality, and utility of 
     information to all users within and outside the agency by--
       ``(A) using open format for any new open Government data 
     asset created or obtained on or after the date that is 1 year 
     after the date of enactment of this section; and
       ``(B) to the extent practicable, encouraging the adoption 
     of open format for all open Government data assets created or 
     obtained before the date described in subparagraph (A); and
       ``(2) in consultation with the Director, develop an open 
     data plan that, at a minimum and to the extent practicable--
       ``(A) requires the agency to develop processes and 
     procedures that--
       ``(i) require each new data collection mechanism to use an 
     open format; and
       ``(ii) allow the agency to collaborate with non-Government 
     entities, researchers, businesses, and private citizens for 
     the purpose of understanding how data users value and use 
     open Government data assets;
       ``(B) identifies and implements methods for collecting and 
     analyzing digital information on data asset usage by users 
     within and outside of the agency, including designating a 
     point of contact within the agency to assist the public and 
     to respond to quality issues, usability issues, 
     recommendations for improvements, and complaints about 
     adherence to open data requirements;
       ``(C) develops and implements a process to evaluate and 
     improve the timeliness, completeness, accuracy, usefulness, 
     and availability of open Government data assets;
       ``(D) requires the agency to update the plan at an interval 
     determined by the Director;
       ``(E) includes requirements for meeting the goals of the 
     agency open data plan including technology, training for 
     employees, and implementing procurement standards, in 
     accordance with existing law, regulation, and policy, that 
     allow for the acquisition of innovative solutions from the 
     public and private sectors; and
       ``(F) prohibits the disclosure of data assets unless the 
     data asset may be released to the public in accordance with 
     guidance issued by the Director under section 3562(d).
       ``(b) Information Dissemination.--With respect to 
     information dissemination, each agency--
       ``(1) shall provide access to open Government data assets 
     online;
       ``(2) shall take the necessary precautions to ensure that 
     the agency maintains the production and publication of data 
     assets which are directly related to activities that protect 
     the safety of human life or property, as identified by the 
     open data plan of the agency required under subsection 
     (a)(2); and
       ``(3) may engage the public in using open Government data 
     assets and encourage collaboration by--
       ``(A) publishing information on open Government data assets 
     usage in regular, timely intervals, but not less frequently 
     than annually;
       ``(B) receiving public input regarding priorities for the 
     analysis and disclosure of data assets to be published;
       ``(C) assisting civil society groups and members of the 
     public working to expand the use of open Government data 
     assets; and
       ``(D) hosting challenges, competitions, events, or other 
     initiatives designed to create additional value from open 
     Government data assets.

     ``Sec. 3565. Additional agency data asset management 
       responsibilities

       ``The Chief Information Officer of each agency, or other 
     appropriate official designated by the head of an agency, in 
     collaboration with other internal agency stakeholders, is 
     responsible for--
       ``(1) data asset management, format standardization, 
     sharing of data assets, and publication of data assets for 
     the agency;
       ``(2) the compilation and publication of the Enterprise 
     Data Inventory for the agency required under section 3563;
       ``(3) ensuring that agency data conforms with open data 
     best practices;
       ``(4) engaging agency employees, the public, and 
     contractors in using open Government data assets and 
     encouraging collaborative approaches to improving data use;
       ``(5) supporting the agency Performance Improvement Officer 
     in generating data to support the function of the Performance 
     Improvement Officer described in section 1124(a)(2) of title 
     31;
       ``(6) supporting officials responsible for leading agency 
     mission areas and Governmentwide initiatives in maximizing 
     data available for program administration, statistics, 
     evaluation, research, and internal financial management, 
     subject to any privacy, confidentiality, security laws and 
     policies, and other valid restrictions;
       ``(7) reviewing the information technology infrastructure 
     of the agency and the impact of the infrastructure on making 
     data assets accessible to reduce barriers that inhibit data 
     asset accessibility;
       ``(8) ensuring that, to the extent practicable, the agency 
     is maximizing data assets used in agency information systems 
     generated by applications, devices, networks, facilities, and 
     equipment, categorized by source type, and such use is not 
     otherwise prohibited, to reduce costs, improve operations, 
     and strengthen security and privacy protections; and
       ``(9) identifying points of contact for roles and 
     responsibilities related to open data use and implementation 
     as required by the Director.

     ``Sec. 3566. Federal Data Catalog

       ``(a) Federal Data Catalog Required.--The Administrator of 
     General Services shall maintain a single public interface 
     online, to be known as the `Federal Data Catalog', as a point 
     of entry dedicated to sharing open Government data assets 
     with the public.
       ``(b) Coordination With Agencies.--The Director shall 
     determine, after consultation with the head of each agency 
     and the Administrator of General Services, the method to 
     access any open Government data assets published through the 
     interface described in subsection (a).''.
       (2) Special provisions.--
       (A) Effective date.--Notwithstanding subsection (i), 
     section 3562 of title 44, United States Code, as added by 
     paragraph (1), shall take effect on the date that is 1 year 
     after the date of enactment of this Act and shall apply with 
     respect to any contract entered into by an agency on or after 
     such effective date.
       (B) Use of open data assets.--Not later than 1 year after 
     the date of enactment of this Act, the head of each agency 
     shall ensure that any activities by the agency or any new 
     contract entered into by the agency meet the requirements of 
     section 3562 of title 44, United States Code, as added by 
     paragraph (1).
       (C) Deadline for federal data catalog.--Not later than 180 
     days after the effective date of this section, the 
     Administrator of General Services shall meet the requirements 
     of section 3566 of title 44, United States Code, as added by 
     paragraph (1)
       (3) Technical and conforming amendment.--The table of 
     sections for chapter 35 of title 44, United States Code, is 
     amended by adding at the end the following:

                 ``subchapter iii--open government data

``3561. Definitions.
``3562. Requirements for Government data.
``3563. Enterprise Data Inventory.
``3564. Federal agency responsibilities.
``3565. Additional agency data asset management responsibilities.
``3566. Federal Data Catalog.''.
       (d) Evaluation of Agency Analytical Capabilities.--
       (1) Agency review of evaluation and analysis capabilities; 
     report.--Not later than 3 years after the date of enactment 
     of this Act, the Chief Operating Officer of each agency shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Oversight and 
     Government Reform of the House of Representatives, and the 
     Director of the Office of Management and Budget a report on 
     the review described in paragraph (2).
       (2) Requirements of agency review.--The report required 
     under paragraph (1) shall assess the coverage, quality, 
     methods, effectiveness, and independence of the evaluation, 
     research, and analysis efforts of an agency, including each 
     of the following:
       (A) A list of the activities and operations of the agency 
     that are being evaluated and analyzed and the activities and 
     operations that have been evaluated and analyzed during the 
     previous 5 years.

[[Page S4521]]

       (B) The extent to which the evaluations, research, and 
     analysis efforts and related activities of the agency support 
     the needs of various divisions within the agency.
       (C) The extent to which the evaluation research and 
     analysis efforts and related activities of the agency address 
     an appropriate balance between needs related to 
     organizational learning, ongoing program management, 
     performance management, strategic management, interagency and 
     private sector coordination, internal and external oversight, 
     and accountability.
       (D) The extent to which the agency uses methods and 
     combinations of methods that are appropriate to agency 
     divisions and the corresponding research questions being 
     addressed, including an appropriate combination of formative 
     and summative evaluation research and analysis approaches.
       (E) The extent to which evaluation and research capacity is 
     present within the agency to include personnel, agency 
     process for planning and implementing evaluation activities, 
     disseminating best practices and findings, and incorporating 
     employee views and feedback.
       (F) The extent to which the agency has the capacity to 
     assist front-line staff and program offices to develop the 
     capacity to use evaluation research and analysis approaches 
     and data in the day-to-day operations.
       (3) GAO review of agency reports.--Not later than 4 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report that summarizes agency findings and highlights trends 
     from the reports submitted under paragraph (1) and, if 
     appropriate, recommends actions to further improve agency 
     capacity to use evaluation techniques and data to support 
     evaluation efforts.
       (e) Online Repository and Additional Reports.--
       (1) Repository.--The Director of the Office of Management 
     and Budget shall collaborate with the Office of Government 
     Information Services and the Administrator of General 
     Services to develop and maintain an online repository of 
     tools, best practices, and schema standards to facilitate the 
     adoption of open data practices, which shall--
       (A) include definitions, regulation and policy, checklists, 
     and case studies related to open data, this section, and the 
     amendments made by this section; and
       (B) facilitate collaboration and the adoption of best 
     practices across the Federal Government relating to the 
     adoption of open data practices.
       (2) GAO report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report that identifies--
       (A) the value of information made available to the public 
     as a result of this section and the amendments made by this 
     section;
       (B) whether it is valuable to expand the publicly available 
     information to any other data assets; and
       (C) the completeness of the Enterprise Data Inventory at 
     each agency required under section 3563 of title 44, United 
     States Code, as added by subsection (c).
       (3) Biennial omb report.--Not later than 1 year after the 
     effective date of this section, and every 2 years thereafter, 
     the Director of the Office of Management and Budget shall 
     electronically publish a report on agency performance and 
     compliance with this section and the amendments made by this 
     section.
       (4) Agency cio report.--Not later than 1 year after the 
     effective date of this section and every year thereafter, the 
     Chief Information Officer of each agency shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on compliance with the 
     requirements of this section and the amendments made by this 
     section, including information on the requirements that the 
     agency could not meet and what the agency needs to comply 
     with those requirements.
       (f) Guidance.--The Director of the Office of Management and 
     Budget shall delegate to the Administrator of the Office of 
     Information and Regulatory Affairs and the Administrator of 
     the Office of Electronic Government the authority to jointly 
     issue guidance required under this section.
       (g) National Security Systems.--This section and the 
     amendments made by this section shall not apply to data 
     assets that are contained in a national security system, as 
     defined in section 11103 of title 40, United States Code.
       (h) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, shall be construed to 
     require the disclosure of information or records that may be 
     withheld from public disclosure under any provision of 
     Federal law, including section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'') 
     and section 552a of title 5, United States Code (commonly 
     known as the ``Privacy Act of 1974'').
       (i) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on the date that is 180 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 507. Mr. CARDIN (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

       Subtitle __--Syrian War Crimes Accountability Act of 2017

     SEC. 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Syrian War Crimes 
     Accountability Act of 2017''.

     SEC. 12_2. FINDINGS.

       Congress makes the following findings:
       (1) March 2017 marks the sixth year of the ongoing conflict 
     in Syria.
       (2) As of February 2017--
       (A) more than 600,000 people are living under siege in 
     Syria;
       (B) approximately 6,300,000 people are displaced from their 
     homes inside Syria; and
       (C) approximately 4,900,000 Syrians have fled to 
     neighboring countries as refugees.
       (3) Since the conflict in Syria began, the United States 
     has provided more than $5,900,000,000 to meet humanitarian 
     needs in Syria, making the United States the world's single 
     largest donor by far to the Syrian humanitarian response.
       (4) In response to growing concerns over systemic human 
     rights violations in Syria, the Independent International 
     Commission of Inquiry on the Syrian Arab Republic (referred 
     to in this section as ``COI'') was established on August 22, 
     2011. The purpose of COI is to ``investigate all alleged 
     violations of international human rights law since March 2011 
     in the Syrian Arab Republic, to establish the facts and 
     circumstances that may amount to such violations and of the 
     crimes perpetrated and, where possible, to identify those 
     responsible with a view to ensuring that perpetrators of 
     violations, including those that may constitute crimes 
     against humanity, are held accountable''.
       (5) On December 21, 2016, the United Nations General 
     Assembly adopted a resolution to establish the International, 
     Impartial and Independent Mechanism to Assist in the 
     Investigation and Prosecution of Those Responsible for the 
     Most Serious Crimes under International Law Committed in the 
     Syrian Arab Republic since March 2011.
       (6) The 2016 United States Commission on International 
     Religious Freedom Annual Report states that in Syria 
     ``[r]eports have emerged from all groups, including Muslims, 
     Christians, Ismailis, and others, of gross human rights 
     violations, including beheading, rape, murder, torture of 
     civilians and religious figures, and the destruction of 
     mosques and churches.''.
       (7) On February 7, 2017, Amnesty International reported 
     that between 5,000 and 13,000 people were extrajudicially 
     executed in the Saydnaya Military Prison between September 
     2011 and December 2015.
       (8) In February 2017, COI released a report--
       (A) stating that a joint United Nations-Syrian Arab Red 
     Crescent convoy in Orum al-Kubra, Syria, was attacked by air 
     on September 19, 2016;
       (B) explaining that the attack killed at least 14 civilian 
     aid workers, injured at least 15 others, and destroyed 
     trucks, food, medicine, clothes, and other supplies; and
       (C) concluding that ``the attack was meticulously planned 
     and ruthlessly carried out by the Syrian air force to 
     purposefully hinder the delivery of humanitarian aid and 
     target aid workers, constituting the war crimes of 
     deliberately attacking humanitarian relief personnel, denial 
     of humanitarian aid and targeting civilians.''.
       (9) On October 21, 2016, the Organization for the 
     Prohibition of Chemical Weapons-United Nations Joint 
     Investigative Mechanism transmitted its fourth report, which 
     concluded that the Syrian Arab Armed Forces and the Islamic 
     State in Iraq and Syria (ISIS) have both used chemical 
     weapons against villages in Syria.
       (10) On August 11, 2016, COI released a report stating that 
     certain offenses, including deliberately attacking hospitals, 
     executions without due process, and the massive and 
     systematized nature of deaths in state-controlled detention 
     facilities in Syria, constitute war crimes and crimes against 
     humanity.
       (11) Physicians for Human Rights reported that, between 
     March 2011 and the end of December 2016, Syrian government 
     and allied forces--
       (A) had committed 412 attacks on medical facilities 
     (including through the use of indiscriminate barrel bombs on 
     at least 80 occasions); and
       (B) had killed 735 medical personnel.
       (12) The Department of State's 2016 Country Reports on 
     Human Rights Practices--
       (A) details President Bashar al-Assad's use of 
     ``indiscriminate and deadly force against civilians, 
     conducting air and ground-based military assaults on cities, 
     residential areas, and civilian infrastructure'';
       (B) explains that ``these attacks included bombardment with 
     improvised explosive devices, commonly referred to as `barrel 
     bombs' . . .''; and
       (C) reports that ``[t]he government [of Syria] continued 
     the use of torture and rape, including of children''.

[[Page S4522]]

       (13) On March 17, 2016, Secretary of State John Kerry 
     stated: ``In my judgment, Daesh is responsible for genocide 
     against groups in areas under its control, including Yezidis, 
     Christians, and Shia Muslims. . . . The United States will 
     strongly support efforts to collect, document, preserve, and 
     analyze the evidence of atrocities, and we will do all we can 
     to see that the perpetrators are held accountable.''.
       (14) In February 2016, COI reported that--
       (A) ``crimes against humanity continue to be committed by 
     [Syrian] Government forces and by ISIS'';
       (B) the Syrian government has ``committed the crimes 
     against humanity of extermination, murder, rape or other 
     forms of sexual violence, torture, imprisonment, enforce 
     disappearance and other inhuman acts''; and
       (C) ``[a]ccountability for these and other crimes must form 
     part of any political solution''.
       (15) Credible civil society organizations collecting 
     evidence of war crimes, crimes against humanity, and genocide 
     in Syria report that at least 12 countries in western Europe 
     and North America have requested assistance on investigating 
     such crimes.

     SEC. 12_3. SENSE OF CONGRESS.

       Congress--
       (1) strongly condemns--
       (A) the ongoing violence, use of chemical weapons, 
     targeting of civilian populations with barrel, incendiary, 
     and cluster bombs and SCUD missiles, and systematic gross 
     human rights violations carried out by the Government of 
     Syria and pro-government forces under the direction of 
     President Bashar al-Assad; and
       (B) all abuses committed by violent extremist groups and 
     other combatants involved in the civil war in Syria;
       (2) expresses its support for the people of Syria seeking 
     democratic change;
       (3) urges all parties to the conflict--
       (A) to immediately halt indiscriminate attacks on 
     civilians;
       (B) to allow for the delivery of humanitarian and medical 
     assistance; and
       (C) to end sieges of civilian populations;
       (4) calls on the President to support efforts in Syria, and 
     on the part of the international community, to ensure 
     accountability for war crimes, crimes against humanity, and 
     genocide committed during the conflict; and
       (5) supports the request in United Nations Security Council 
     Resolutions 2139 (2014), 2165 (2014), and 2191 (2014) for the 
     Secretary-General to regularly report to the Security Council 
     on implementation on the resolutions, including of paragraph 
     2 of Resolution 2139, which ``demands that all parties 
     immediately put an end to all forms of violence [and] cease 
     and desist from all violations of international humanitarian 
     law and violations and abuses of human rights''.

     SEC. 12_4. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Appropriations of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on Armed Services of the House of 
     Representatives; and
       (F) the Committee on Appropriations of the House of 
     Representatives.
       (2) Genocide.--The term ``genocide'' means any offense 
     described in section 1091(a) of title 18, United States Code.
       (3) Hybrid tribunal.--The term ``hybrid tribunal'' means a 
     temporary criminal tribunal that involves a combination of 
     domestic and international lawyers, judges, and other 
     professionals to prosecute individuals suspected of 
     committing war crimes, crimes against humanity, or genocide.
       (4) Transitional justice.--The term ``transitional 
     justice'' means the range of judicial, nonjudicial, formal, 
     informal, retributive, and restorative measures employed by 
     countries transitioning out of armed conflict or repressive 
     regimes--
       (A) to redress legacies of atrocities; and
       (B) to promote long-term, sustainable peace.
       (5) War crime.--The term ``war crime'' has the meaning 
     given the term in section 2441(c) of title 18, United States 
     Code.

     SEC. 12_5. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, CRIMES 
                   AGAINST HUMANITY, AND GENOCIDE IN SYRIA.

       (a) In General.--The Secretary of State shall submit a 
     report on war crimes, crimes against humanity, and genocide 
     in Syria to the appropriate congressional committees not 
     later than 90 days after the date of the enactment of this 
     Act and another such report not later than 180 days after the 
     Secretary of State determines that the violence in Syria has 
     ceased.
       (b) Elements.--The reports required under subsection (a) 
     shall include--
       (1) a description of alleged war crimes, crimes against 
     humanity, and genocide perpetrated during the civil war in 
     Syria, including--
       (A) incidents that may constitute war crimes, crimes 
     against humanity, or genocide committed by the regime of 
     President Bashar al-Assad and all forces fighting on its 
     behalf;
       (B) incidents that may constitute war crimes, crimes 
     against humanity, or genocide committed by violent extremist 
     groups, anti-government forces, and any other combatants in 
     the conflict;
       (C) any incidents that may violate the principle of medical 
     neutrality and, if possible, the identification of the 
     individual or individuals who engaged in or organized such 
     incidents; and
       (D) if possible, a description of the conventional and 
     unconventional weapons used for such crimes and the origins 
     of such weapons; and
       (2) a description and assessment by the Department of State 
     Office of Global Criminal Justice, the United States Agency 
     for International Development, the Department of Justice, and 
     other appropriate agencies of programs that the United States 
     Government has undertaken to ensure accountability for war 
     crimes, crimes against humanity, and genocide perpetrated 
     against the people of Syria by the regime of President Bashar 
     al-Assad, violent extremist groups, and other combatants 
     involved in the conflict, including programs--
       (A) to train investigators within and outside of Syria on 
     how to document, investigate, develop findings of, and 
     identify and locate alleged perpetrators of war crimes, 
     crimes against humanity, or genocide, including--
       (i) the number of United States Government or contract 
     personnel currently designated to work full-time on these 
     issues; and
       (ii) the identification of the authorities and 
     appropriations being used to support such training efforts;
       (B) to promote and prepare for a transitional justice 
     process or processes for the perpetrators of war crimes, 
     crimes against humanity, and genocide in Syria beginning in 
     March 2011;
       (C) to document, collect, preserve, and protect evidence of 
     war crimes, crimes against humanity, and genocide in Syria, 
     including support for Syrian, foreign, and international 
     nongovernmental organizations, and other entities, including 
     the International, Impartial and Independent Mechanism to 
     Assist in the Investigation and Prosecution of Persons 
     Responsible for the Most Serious Crimes under International 
     Law Committed in the Syrian Arab Republic since March 2011 
     and the Independent International Commission of Inquiry on 
     the Syrian Arab Republic; and
       (D) to assess the influence of accountability measures on 
     efforts to reach a negotiated settlement to the Syrian 
     conflict during the reporting period.
       (c) Form.--The report required under subsection (a) may be 
     submitted in unclassified or classified form, but shall 
     include a publicly available annex.
       (d) Protection of Witnesses and Evidence.--The Secretary 
     shall take due care to ensure that the identification of 
     witnesses and physical evidence are not publicly disclosed in 
     a manner that might place such persons at risk of harm or 
     encourage the destruction of evidence by the Government of 
     Syria, violent extremist groups, anti-government forces, or 
     any other combatants or participants in the conflict.

     SEC. 12_6. TRANSITIONAL JUSTICE STUDY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State (acting through appropriate 
     officials and offices, which may include the Office of Global 
     Criminal Justice), after consultation with the Department of 
     Justice, the United States Agency for International 
     Development, and other appropriate Federal agencies, shall--
       (1) complete a study of the feasibility and desirability of 
     potential transitional justice mechanisms for Syria, 
     including a hybrid tribunal, to address war crimes, crimes 
     against humanity, and genocide perpetrated in Syria beginning 
     in March 2011; and
       (2) submit a detailed report of the results of the study 
     conducted under paragraph (1), including recommendations on 
     which transitional justice mechanisms the United States 
     Government should support, why such mechanisms should be 
     supported, and what type of support should be offered, to--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Foreign Affairs of the House of 
     Representatives;
       (C) the Committee on Appropriations of the Senate; and
       (D) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 12_7. TECHNICAL ASSISTANCE AUTHORIZED.

       (a) In General.--The Secretary of State (acting through 
     appropriate officials and offices, which may include the 
     Office of Global Criminal Justice), after consultation with 
     the Department of Justice and other appropriate Federal 
     agencies, is authorized to provide appropriate assistance to 
     support entities that, with respect to war crimes, crimes 
     against humanity, and genocide perpetrated by the regime of 
     President Bashar al-Assad, all forces fighting on its behalf, 
     and all non-state armed groups fighting in the country, 
     including violent extremist groups in Syria beginning in 
     March 2011--
       (1) identify suspected perpetrators of war crimes, crimes 
     against humanity, and genocide;
       (2) collect, document, and protect evidence of crimes and 
     preserve the chain of custody for such evidence;
       (3) conduct criminal investigations;
       (4) build Syria's investigative and judicial capacities and 
     support prosecutions in the

[[Page S4523]]

     domestic courts of Syria, provided that President Bashar al-
     Assad is no longer in power;
       (5) support investigations by third-party states, as 
     appropriate; or
       (6) protect witnesses that may be helpful to prosecutions 
     or other transitional justice mechanisms.
       (b) Additional Assistance.--The Secretary of State, after 
     consultation with appropriate Federal agencies and the 
     appropriate congressional committees, and taking into account 
     the findings of the transitional justice study required under 
     section 12_6, is authorized to provide assistance to support 
     the creation and operation of transitional justice 
     mechanisms, including a potential hybrid tribunal, to 
     prosecute individuals suspected of committing war crimes, 
     crimes against humanity, or genocide in Syria beginning in 
     March 2011.
       (c) Briefing.--The Secretary of State shall provide 
     detailed, biannual briefings to the appropriate congressional 
     committees describing the assistance provided to entities 
     described in subsection (a).

     SEC. 12_8. STATE DEPARTMENT REWARDS FOR JUSTICE PROGRAM.

       Section 36(b)(10) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2708(b)(10)) is amended by inserting 
     ``(including war crimes, crimes against humanity, or genocide 
     committed in Syria beginning in March 2011)'' after 
     ``genocide''.

     SEC. 12_9. INDEPENDENT INTERNATIONAL COMMISSION OF INQUIRY ON 
                   THE SYRIAN ARAB REPUBLIC.

       The Secretary of State, acting through the United States 
     Permanent Representative to the United Nations, should use 
     the voice, vote, and influence of the United States at the 
     United Nations to advocate that the United Nations Human 
     Rights Council, while the United States remains a member, 
     annually extend the mandate of the Independent International 
     Commission of Inquiry on the Syrian Arab Republic until the 
     Commission has completed its investigation of all alleged 
     violations of international human rights laws beginning in 
     March 2011 in the Syrian Arab Republic.
                                 ______
                                 
  SA 508. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. REVIEW OF UNITED STATES NUCLEAR AND RADIOLOGICAL 
                   TERRORISM PREVENTION STRATEGY.

       (a) In General.--The Secretary of Energy, acting through 
     the Administrator for Nuclear Security, shall enter into an 
     arrangement with the National Academy of Sciences to assess 
     and recommend improvements to the strategies of the United 
     States for preventing, countering, and responding to nuclear 
     and radiological terrorism, specifically terrorism involving 
     the use of nuclear weapons, improvised nuclear devices, or 
     radiological dispersal or exposure devices, or the sabotage 
     of nuclear facilities.
       (b) Review.--The assessment conducted under subsection (a) 
     shall address the adequacy of the strategies of the United 
     States described in that subsection and identify technical, 
     policy, and resource gaps with respect to--
       (1) identifying national and international nuclear and 
     radiological terrorism risks and critical emerging threats;
       (2) preventing state and non-state actors from acquiring 
     the technologies, materials, and critical expertise needed to 
     mount nuclear or radiological attacks;
       (3) countering efforts by state and non-state actors to 
     mount such attacks;
       (4) responding to nuclear and radiological terrorism 
     incidents to attribute their origin and help manage their 
     consequences; and
       (5) other important matters identified by the National 
     Academy of Sciences that are directly relevant to those 
     strategies.
       (c) Recommendations.--The assessment conducted under 
     subsection (a) shall include recommendations to the Secretary 
     of Energy, Congress, and such other Federal entities as the 
     National Academy of Sciences considers appropriate, for 
     preventing, countering, and responding to nuclear and 
     radiological terrorism, including recommendations for--
       (1) closing technical, policy, or resource gaps;
       (2) improving cooperation and appropriate integration among 
     Federal entities and Federal, State, and tribal governments;
       (3) improving cooperation between the United States and 
     other countries and international organizations; and
       (4) other important matters identified by the National 
     Academy of Sciences that are directly relevant to the 
     strategies of the United States described in subsection (a).
       (d) Liaisons.--The Secretary of Energy, the Secretary of 
     Defense, the Secretary of Homeland Security, the Secretary of 
     State, and the Director of National Intelligence shall 
     appoint appropriate liaisons to the National Academy of 
     Sciences with respect to supporting the timely conduct of the 
     assessment required by subsection (a).
       (e) Access to Materials.--The Secretary of Energy, the 
     Secretary of Defense, the Secretary of Homeland Security, the 
     Secretary of State, and the Director of National Intelligence 
     shall provide access to the National Academy of Sciences to 
     materials relevant to the assessment required by subsection 
     (a).
       (f) Clearances.--The Secretary of Energy and the Director 
     of National Intelligence shall ensure that appropriate 
     members and staff of the National Academy of Sciences have 
     the necessary clearances, obtained in an expedited manner, to 
     conduct the assessment required by subsection (a).
                                 ______
                                 
  SA 509. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 338. FACILITIES DEMOLITION PLAN OF THE ARMY.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of the Army shall submit to the 
     congressional defense committees a facilities demolition plan 
     of the Army that does the following:
       (1) Takes into account the impact of a contaminated 
     facility on mission readiness, and national security 
     generally, in establishing priorities for the demolition of 
     facilities.
       (2) Sets forth a multi-year plan for the demolition of Army 
     facilities, including contaminated facilities given afforded 
     a priority for demolition pursuant to paragraph (1).
                                 ______
                                 
  SA 510. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MODIFICATION TO THE HUBZONE PROGRAM.

       Section 3(p)(4)(C) of the Small Business Act (15 U.S.C. 
     632(p)(4)(C)) is amended by striking ``until the later of'' 
     and all that follows and inserting ``for the 7-year period 
     following the date on which the census tract or 
     nonmetropolitan county ceased to be so qualified.''.
                                 ______
                                 
  SA 511. Mr. SULLIVAN (for himself, Mr. Peters, Mr. Cornyn, and Mr. 
Warner) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1218. COOPERATION BETWEEN INDIA AND AFGHANISTAN.

       (a) Sense of Congress on Bilateral Cooperation.--It is the 
     sense of Congress that, in order to promote stability and 
     security in Afghanistan, the Secretary of Defense should, in 
     coordination with the Secretary of State, identify and 
     promote means by which the Government of India may do the 
     following:
       (1) Increase security assistance to the Afghan National 
     Security Forces (ANSF), including through the provision of 
     logistics support, threat analysis, intelligence, materiel, 
     and maintenance support by India.
       (2) Support targeted infrastructure development and 
     economic investment in Afghanistan, including through a 
     priority for such investment that is aligned with the mutual 
     interests of the India Government and the United States 
     Government.
       (3) Improve the provision by India of humanitarian and 
     disaster relief assistance to Afghanistan, including through 
     the provision of logistics support by India, joint training 
     between Afghanistan and India, and combined military planning 
     by Afghanistan and India for humanitarian assistance and 
     disaster relief missions in Afghanistan.
       (b) Enhanced Trilateral Cooperation.--In order to enhance 
     trilateral cooperation between Afghanistan, India, and the 
     United States, and to promote mutual priorities for security 
     assistance in Afghanistan, the Secretary of Defense shall, in 
     coordination with the Secretary of State--
       (1) work with representatives of the Afghanistan 
     Government, the India Government, and the United States 
     Government on an ongoing basis to--
       (A) establish priorities for investments to promote 
     security and stability in Afghanistan that align with the 
     mutual interests of Afghanistan, India, and the United 
     States;
       (B) identify gaps in the capabilities of Afghanistan 
     security forces, and determine means of addressing such gaps;

[[Page S4524]]

       (C) identify economic and infrastructure development 
     opportunities in Afghanistan related to improving security 
     and stability in Afghanistan; and
       (D) identify means of improving the coordination and 
     delivery of humanitarian assistance and disaster relief 
     capabilities to Afghanistan by the Afghanistan, India, and 
     United States militaries in order to improve joint military 
     response to current and anticipated humanitarian needs in 
     Afghanistan; and
       (2) advocate for necessary capabilities, especially to meet 
     critical, short-term needs identified by the commander of 
     United States forces participating in Operation Resolute 
     Support in Afghanistan.
                                 ______
                                 
  SA 512. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PARENTAL LEAVE FOR MEMBERS OF THE ARMED FORCES.

       Section 701 of title 10, United States Code, is amended--
       (1) by striking subsections (i) and (j);
       (2) by redesignating subsection (k) as subsection (j); and
       (3) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i)(1) A member of the armed forces, regardless of gender 
     or marital status, shall be authorized to take at least 84 
     days of parental leave to be used in connection with--
       ``(A) the birth of a child of the member;
       ``(B) a qualifying adoption of a child by the member; or
       ``(C) the placement of a child in foster care with the 
     member.
       ``(2) In the case of a dual military family, both members 
     of the armed forces shall be authorized to take parental 
     leave under this subsection. The Secretary concerned shall 
     permit the transfer of such leave between the two members to 
     accommodate individual family circumstances.
       ``(3) For the purpose of parental leave under this 
     subsection, an adoption of a child by a member of the armed 
     forces is a qualifying child adoption if the member is 
     eligible for reimbursement of qualified adoption expenses for 
     such adoption under section 1052 of this title.
       ``(4) Parental leave under paragraph (1) is in addition to 
     other leave provided under other provisions of this section 
     or under other legal authority. Nothing in this subsection 
     prevents the Secretary concerned from authorizing 
     convalescent leave for a female member of the armed forces as 
     necessary prior or subsequent to the delivery of her child. 
     Convalescent or other leave taken before childbirth by a 
     pregnant member shall not reduce the number of days of 
     parental leave available to the member under this subsection.
       ``(5) The Secretary of Defense, and the Secretary of 
     Homeland Security in the case of the Coast Guard when it is 
     not operating as a service in the Navy, shall prescribe 
     regulations to implement this subsection, which shall be 
     uniform for the armed forces.''.
                                 ______
                                 
  SA 513. Mr. McCAIN (for himself and Mr. Nelson) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. __. REPORT ON DEFENSE OF COMBAT LOGISTICS AND STRATEGIC 
                   MOBILITY FORCES.

       (a) Report Required.--Not later than January 1, 2018, the 
     Secretary of the Navy shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the defense of combat logistics and strategic 
     mobility forces.
       (b) Covered Periods.--The report required by subsection (a) 
     shall cover two periods:
       (1) The period from 2018 through 2025.
       (2) The period from 2026 through 2035.
       (c) Elements.--The report required by subsection (a) shall 
     include, for each of the periods covered by the report, the 
     following:
       (1) A description of potential warfighting planning 
     scenarios in which combat logistics and strategic mobility 
     forces will be threatened, including the most stressing such 
     scenario.
       (2) A description of the combat logistics and strategic 
     mobility forces capacity, including additional combat 
     logistics and strategic mobility forces, that may be required 
     due to losses from attacks under each scenario described 
     pursuant to paragraph (1).
       (3) A description of the projected capability and capacity 
     of subsurface (e.g., torpedoes), surface (e.g., anti-ship 
     missiles), and air (e.g., anti-ship missiles) threats to 
     combat logistics and strategic mobility forces for each 
     scenario described pursuant to paragraph (1).
       (4) A description of planned operating concepts for 
     defending combat logistics and strategic mobility forces from 
     subsurface, surface, and air threats for each scenario 
     described pursuant to paragraph (1).
       (5) An assessment of the ability and availability of United 
     States naval forces to defend combat logistics and strategic 
     mobility forces from the threats described pursuant to 
     paragraph (1), while also accomplishing other assigned 
     missions, for each scenario described pursuant to that 
     paragraph.
       (6) A description of specific capability gaps or risk areas 
     in the ability or availability of United States naval forces 
     to defend combat logistics and strategic mobility forces from 
     the threats described pursuant to paragraph (1).
       (7) A description and assessment of potential solutions to 
     address the capability gaps and risk areas identified 
     pursuant to paragraph (6), including new capabilities, 
     increased capacity, or new operating concepts that could be 
     employed by United States naval forces.
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Combat Logistics and Strategic Mobility Forces 
     Defined.--In this section, the term ``combat logistics and 
     strategic mobility forces'' means the combat logistics force, 
     the Ready Reserve Force, and the Military Sealift Command 
     surge fleet.
                                 ______
                                 
  SA 514. Mr. REED (for himself and Mr. McCain) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON THE CIRCUMSTANCES SURROUNDING THE 2016 
                   ATTACKS ON THE U.S.S. MASON.

       Not later than March 1, 2018, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     circumstances surrounding the attacks in 2016 on the U.S.S. 
     Mason (DDG-87).
                                 ______
                                 
  SA 515. Mr. MARKEY (for himself, Mr. Cardin, Mr. Van Hollen, and Ms. 
Warren) submitted an amendment intended to be proposed by him to the 
bill H.R. 1628, to provide for reconciliation pursuant to title II of 
the concurrent resolution on the budget for fiscal year 2017; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NULLIFICATION OF CERTAIN PROVISIONS.

       If the Congressional Budget Office determines that the 
     provisions of, or the amendments made by, this Act would 
     reduce Federal Medicaid spending and reduce taxes for the top 
     1 percent of Americans, such provisions or amendments shall 
     be null and void and this Act shall be applied and 
     administered as if such provisions and amendments had not 
     been enacted.
                                 ______
                                 
  SA 516. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIREMENTS RELATING TO MULTI-USE SENSITIVE 
                   COMPARTMENTED INFORMATION FACILITIES.

       In order to facilitate access for small business concerns 
     and nontraditional contractors to affordable secure spaces, 
     the Secretary of Defense shall develop the processes and 
     procedures necessary to build, certify, and maintain 
     certifications for multi-use sensitive compartmented 
     information facilities not tied to a single contract and 
     where multiple companies can work on multiple projects at 
     different security levels securely.
                                 ______
                                 
  SA 517. Mr. BENNET (for himself and Mr. Gardner) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S4525]]

  


     SEC. __. SENSE OF CONGRESS ON NATIONAL SPACE DEFENSE CENTER.

       (a) Findings.--Congress makes the following findings:
       (1) Space is a warfighting domain.
       (2) Deterrence of adversaries of the United States, 
     preserving the space domain, and defending against threats to 
     space systems requires coordination across the Department of 
     Defense, including the military departments, and the 
     intelligence community.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the National Space Defense Center is critical to 
     defending and securing the space domain in order to protect 
     all United States assets in space;
       (2) integration between the intelligence community and the 
     Department of Defense within the National Space Defense 
     Center is essential to detecting, assessing, and reacting to 
     evolving space threats; and
       (3) the Department of Defense, including the military 
     departments, and the elements of the intelligence community 
     should seek ways to bolster integration with respect to space 
     threats through work at the National Space Defense Center.
       (c) Intelligence Community Defined.--In this section, the 
     term ``intelligence community'' has the meaning given that 
     term in section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 3003(4)).
                                 ______
                                 
  SA 518. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIREMENT FOR FOREIGN MILITARY FINANCING PROVIDED 
                   AS GRANTS.

       (a) In General.--Financing provided to a country or 
     international organization pursuant to the authority of 
     section 23 of the Arms Export Control Act (22 U.S.C. 2763) 
     for the procurement of defense articles, defense services, 
     and design and construction services shall be made available 
     on a grant basis.
       (b) Waiver.--The President may waive the restriction in 
     subsection (a) in any fiscal year for any country or 
     international organization if the President first certifies 
     to the appropriate congressional committees that--
       (1) the provision of such financing on any other basis to a 
     specific country or international organization will not 
     result in the refusal by such country or international 
     organization to procure United States defense articles, 
     defense services, or design and construction services through 
     such financing;
       (2) if such financing is provided on a loan basis, the 
     country or international organization has sufficient funds to 
     repay such loan in a reasonable time, without causing an 
     impact on the services or activities of such country or 
     international organization provides to its citizens or 
     members, as the case may be; or
       (3) there will be no impact on United States defense sector 
     jobs.
       (c) Limitation.--The amounts of such financing to be 
     provided to each country shall be generally comparable to the 
     amount made available to such country for fiscal year 2017, 
     subject to appropriations, with the exception of Israel, 
     Egypt, Jordan, and Pakistan, unless the President certifies 
     to the appropriate congressional committees that the 
     different amount to be made available better serves the 
     national security and foreign policy interests of the United 
     States with respect to the United States relationship with 
     that country, including the rationale for such certification.
       (d) 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.
                                 ______
                                 
  SA 519. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPREHENSIVE STRATEGY TO ASSIST GOVERNMENT OF 
                   NIGERIA EFFORTS TO COUNTER BOKO HARAM.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     next three years, the President shall submit to the 
     appropriate congressional committees a report that contains a 
     comprehensive strategy to support Nigeria's efforts to 
     counter Boko Haram through engagement with the Nigerian 
     security sector.
       (b) Elements.--The report required under subsection (a) 
     shall include--
       (1) an assessment conducted by the Office of the Director 
     of National Intelligence of the major obstacles to Nigeria's 
     military effectiveness in northeastern Nigeria, including 
     recommendations for United States Government diplomatic 
     actions and security cooperation programs and activities to 
     address such obstacles and a description of funding needs and 
     actions that must be taken by the Government of Nigeria to 
     address such obstacles;
       (2) an assessment of the efforts taken by the Nigerian 
     military to hold soldiers accountable for human rights 
     violations, including the Zaria massacre;
       (3) a plan for the United States Government to work to help 
     the Government of Nigeria increase its capacity to 
     investigate and prosecute human rights abuses and to 
     effectively try cases through transparent mechanisms;
       (4) a description of all security cooperation currently 
     being provided to the Nigerian security sector, as well as a 
     description of current deployment of uniformed personnel 
     currently assisting with counter-Boko Haram efforts in the 
     Lake Chad Basin and a description of their location and their 
     responsibilities; and
       (5) any other matters the President deems appropriate.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form with a classified annex.
       (d) Prohibition of Transfers.--No precision-guided 
     munitions or other types of air-delivered bombs may be 
     transferred to the Government of Nigeria until the President 
     certifies that the Government of Nigeria has made progress on 
     military accountability for human rights abuses, including 
     for the Zaria massacre in December 2015 that killed 300 
     people, and has publicly issued the findings of the inquiry 
     into the January 2016 bombing in Rann.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 520. Ms. COLLINS (for herself and Mr. King) submitted an amendment 
intended to be proposed by her to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       On page 32, line 24, insert ``and constructed in a Flight 
     IIA configuration'' before ``using''.

                                 ______
                                 
  SA 521. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CALCULATION OF THE COST OF DROP-IN FUELS.

       Section 2922h of title 10, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Inclusion of Financial Contributions From Other 
     Federal Departments and Agencies.--For purposes of 
     calculating the fully burdened cost of a drop-in fuel under 
     subsection (a), for a proposed purchase to be made on or 
     after the beginning of fiscal year 2022, the Secretary of 
     Defense shall include in such calculation any financial 
     contributions made by other Federal departments and 
     agencies.''.
                                 ______
                                 
  SA 522. Mr. CORNYN (for himself, Mr. Blumenthal, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORT ON AIRPORTS USED BY MAHAN AIR.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act,

[[Page S4526]]

     and annually thereafter through 2020, the Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Transportation, the Secretary of State, the Secretary of the 
     Treasury, and the Director of National Intelligence, shall 
     submit to Congress a report that includes--
       (1) a list of all airports at which aircraft owned or 
     controlled by Mahan Air have landed during the 2 years 
     preceding the submission of the report; and
       (2) for each such airport--
       (A) an assessment of whether aircraft owned or controlled 
     by Mahan Air continue to conduct operations at that airport;
       (B) an assessment of whether any of the landings of 
     aircraft owned or controlled by Mahan Air were necessitated 
     by an emergency situation;
       (C) a determination regarding whether additional security 
     measures should be imposed on flights to the United States 
     that originate from that airport; and
       (D) an explanation of the rationale for that determination.
       (b) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Publication of List.--The list required by subsection 
     (a)(1) shall be publicly and prominently posted on the 
     website of the Department of Homeland Security on the date on 
     which the report required by subsection (a) is submitted to 
     Congress.
                                 ______
                                 
  SA 523. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TREATMENT OF CERTAIN INDIVIDUALS PERFORMING 
                   SERVICES IN THE SINAI PENINSULA OF EGYPT.

       (a) In General.--For purposes of the following provisions 
     of the Internal Revenue Code of 1986, a qualified hazardous 
     duty area shall be treated in the same manner as if it were a 
     combat zone (as determined under section 112 of such Code):
       (1) Section 2(a)(3) (relating to special rule where 
     deceased spouse was in missing status).
       (2) Section 112 (relating to the exclusion of certain 
     combat pay of members of the Armed Forces).
       (3) Section 692 (relating to income taxes of members of 
     Armed Forces on death).
       (4) Section 2201 (relating to members of the Armed Forces 
     dying in combat zone or by reason of combat-zone-incurred 
     wounds, etc.).
       (5) Section 3401(a)(1) (defining wages relating to combat 
     pay for members of the Armed Forces).
       (6) Section 4253(d) (relating to the taxation of phone 
     service originating from a combat zone from members of the 
     Armed Forces).
       (7) Section 6013(f)(1) (relating to joint return where 
     individual is in missing status).
       (8) Section 7508 (relating to time for performing certain 
     acts postponed by reason of service in combat zone).
       (b) Qualified Hazardous Duty Area.--For purposes of this 
     section, the term ``qualified hazardous duty area'' means the 
     Sinai Peninsula of Egypt, if as of the date of the enactment 
     of this section any member of the Armed Forces of the United 
     States is entitled to special pay under section 310 of title 
     37, United States Code (relating to special pay; duty subject 
     to hostile fire or imminent danger) for services performed in 
     such location. Such term includes such location only during 
     the period such entitlement is in effect.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     provisions of this section shall take effect on June 9, 2015.
       (2) Withholding.--Subsection (a)(5) shall apply to 
     remuneration paid after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 524. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. UPGRADE OF M113 VEHICLES.

       No amounts authorized to be appropriated by this Act or 
     otherwise made available for the Department of Defense for 
     fiscal year 2018 may be obligated or expended to upgrade Army 
     M113 vehicles until the Secretary of the Army submits to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a report setting forth the strategy of the 
     Army for the upgrade of such vehicles. The report shall 
     include the following:
       (1) A detailed strategy for upgrading and fielding M113 
     vehicles.
       (2) An analysis of the manner in which the Army plans to 
     address M113 vehicle survivability and maneuverability 
     concerns.
       (3) An analysis of the historical costs associated with 
     upgrading M113 vehicles, and a validation of current cost 
     estimates for upgrading such vehicles.
       (4) A comparison of total procurement and life cycle costs 
     of adding an echelon above brigade (EAB) requirement to the 
     Army Multi-Purpose Vehicle (AMPV) with total procurement and 
     life cycle costs of upgrading legacy M113 vehicles.
       (5) An analysis of the possibility of further accelerating 
     Army Multi-Purpose Vehicle production or modifying the 
     current fielding strategy for the Army Multi-Purpose Vehicle 
     to meet near-term echelon above brigade requirements.
                                 ______
                                 
  SA 525. Mr. WHITEHOUSE (for himself, Mr. Daines, Mr. Peters, and Mr. 
Gardner) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.

       (a) Grant Program.--
       (1) Establishment.--The Secretary, in accordance with the 
     agreement entitled the ``Agreement between the Government of 
     the United States of America and the Government of the State 
     of Israel on Cooperation in Science and Technology for 
     Homeland Security Matters'', done at Jerusalem May 29, 2008 
     (or successor agreement), and the requirements specified in 
     paragraph (2), shall establish a grant program at the 
     Department to support--
       (A) cybersecurity research and development; and
       (B) demonstration and commercialization of cybersecurity 
     technology.
       (2) Requirements.--
       (A) Applicability.--Notwithstanding any other provision of 
     law, in carrying out a research, development, demonstration, 
     or commercial application program or activity that is 
     authorized under this section, the Secretary shall require 
     cost sharing in accordance with this paragraph.
       (B) Research and development.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary shall require not less than 50 percent of the cost 
     of a research, development, demonstration, or commercial 
     application program or activity described in subparagraph (A) 
     to be provided by a non-Federal source.
       (ii) Reduction.--The Secretary may reduce or eliminate, on 
     a case-by-case basis, the percentage requirement specified in 
     clause (i) if the Secretary determines that such reduction or 
     elimination is necessary and appropriate.
       (C) Merit review.--In carrying out a research, development, 
     demonstration, or commercial application program or activity 
     that is authorized under this section, awards shall be made 
     only after an impartial review of the scientific and 
     technical merit of the proposals for such awards has been 
     carried out by or for the Department.
       (D) Review processes.--In carrying out a review under 
     subparagraph (C), the Secretary may use merit review 
     processes developed under section 302(14) of the Homeland 
     Security Act of 2002 (6 U.S.C. 182(14)).
       (3) Eligible applicants.--An applicant shall be eligible to 
     receive a grant under this subsection if the project of such 
     applicant--
       (A) addresses a requirement in the area of cybersecurity 
     research or cybersecurity technology, as determined by the 
     Secretary; and
       (B) is a joint venture between--
       (i)(I) a for-profit business entity, academic institution, 
     National Laboratory (as defined in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801)), or nonprofit entity in 
     the United States; and
       (II) a for-profit business entity, academic institution, or 
     nonprofit entity in Israel; or
       (ii)(I) the Federal Government; and
       (II) the Government of Israel.
       (4) Applications.--To be eligible to receive a grant under 
     this subsection, an applicant shall submit to the Secretary 
     an application for such grant in accordance with procedures 
     established by the Secretary, in consultation with the 
     advisory board established under paragraph (5).
       (5) Advisory board.--
       (A) Establishment.--The Secretary shall establish an 
     advisory board to--
       (i) monitor the method by which grants are awarded under 
     this subsection; and
       (ii) provide to the Secretary periodic performance reviews 
     of actions taken to carry out this subsection.
       (B) Composition.--The advisory board established under 
     subparagraph (A) shall be composed of three members, to be 
     appointed by the Secretary, of whom--
       (i) one shall be a representative of the Federal 
     Government;
       (ii) one shall be selected from a list of nominees provided 
     by the United States-Israel Binational Science Foundation; 
     and

[[Page S4527]]

       (iii) one shall be selected from a list of nominees 
     provided by the Israel-United States Binational Industrial 
     Research and Development Foundation.
       (6) Contributed funds.--Notwithstanding any other provision 
     of law, the Secretary may accept or retain funds contributed 
     by any person, government entity, or organization for 
     purposes of carrying out this subsection. Such funds shall be 
     available, subject to appropriation, without fiscal year 
     limitation.
       (7) Report.--Not later than 180 days after the date of 
     completion of a project for which a grant is provided under 
     this subsection, the grant recipient shall submit to the 
     Secretary a report that contains--
       (A) a description of how the grant funds were used by the 
     recipient; and
       (B) an evaluation of the level of success of each project 
     funded by the grant.
       (8) Classification.--Grants shall be awarded under this 
     subsection only for projects that are considered to be 
     unclassified by both the United States and Israel.
       (b) Termination.--The grant program and the advisory board 
     established under this section shall terminate on the date 
     that is 7 years after the date of the enactment of this Act.
       (c) No Additional Funds Authorized.--No additional funds 
     are authorized to be appropriated to carry out the 
     requirements of this Act. Such requirements shall be carried 
     out using amounts otherwise appropriated.
       (d) Definitions.--In this section--
       (1) the term ``cybersecurity research'' means research, 
     including social science research, into ways to identify, 
     protect against, detect, respond to, and recover from 
     cybersecurity threats;
       (2) the term ``cybersecurity technology'' means technology 
     intended to identify, protect against, detect, respond to, 
     and recover from cybersecurity threats;
       (3) the term ``cybersecurity threat'' has the meaning given 
     such term in section 102 of the Cybersecurity Information 
     Sharing Act of 2015 (6 U.S.C. 1501);
       (4) the term ``Department'' means the Department of 
     Homeland Security; and
       (5) the term ``Secretary'' means the Secretary of Homeland 
     Security.
                                 ______
                                 
  SA 526. Mr. WHITEHOUSE (for himself, Mr. Peters, Mr. Tester, Ms. 
Warren, and Mr. Menendez) submitted an amendment intended to be 
proposed by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. MAKING PERMANENT EXTENDED PERIOD OF PROTECTIONS FOR 
                   MEMBERS OF UNIFORMED SERVICES RELATING TO 
                   MORTGAGES, MORTGAGE FORECLOSURE, AND EVICTION.

       Section 710(d) of the Honoring America's Veterans and 
     Caring for Camp Lejeune Families Act of 2012 (Public Law 112-
     154; 50 U.S.C. 3953 note) is amended by striking paragraphs 
     (1) and (3).
                                 ______
                                 
  SA 527. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PLAN ON IMPROVEMENT OF ABILITY OF FOREIGN 
                   GOVERNMENTS PARTICIPATING IN UNITED STATES 
                   INSTITUTIONAL CAPACITY BUILDING PROGRAMS TO 
                   PROTECT CIVILIANS.

       (a) Report on Plan.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of State shall jointly submit to the 
     appropriate committees of Congress a report setting forth a 
     plan, to be implemented as part of each institutional 
     capacity building program required by section 333(c)(4) of 
     title 10, United States Code, to improve the ability of 
     foreign governments to protect civilians.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following:
       (1) Efforts to develop and integrate civilian harm 
     mitigation principles and techniques in all relevant partner 
     force standard operating procedures.
       (2) Efforts to build partner capacity to collect, track, 
     and analyze civilian casualty data and apply lessons learned 
     to future operations, and to provide amends to civilians 
     harmed by partner force operations.
       (3) Efforts to support enhanced investigatory and 
     accountability standards in partner forces to ensure 
     compliance with the laws of armed conflict and appropriate 
     human rights and civilian protection standards.
       (4) Support for increased partner transparency, including 
     support for the establishment of civil affairs units within 
     partner militaries to improve communication with the public.
       (5) An estimate of the resources required to implement the 
     efforts and support described in paragraphs (1) through (4).
       (6) A description of the appropriate roles of the 
     Department of Defense and the Department of State in such 
     efforts and support.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 528. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       On page 603, after line 25, add the following:
       (e) Comptroller General of the United States Report.--
       (1) In general.--Not later than May 1, 2018, the 
     Comptroller General of the United States shall submit to the 
     appropriate committees of Congress a report that sets forth 
     the following:
       (A) A description of the mechanisms and authorities used by 
     the Department of Defense and the Department of State to 
     conduct training of foreign security forces on human rights 
     and international humanitarian law.
       (B) A description of the funding used to support the 
     training described in paragraph (1).
       (C) A description and assessment of the methodology used by 
     each of the Department of Defense and the Department of State 
     to assess the effectiveness of such training.
       (D) Such recommendations for improvements to such training 
     as the Comptroller General considers appropriate.
       (E) Such other matters relating to such training as the 
     Comptroller General considers appropriate.
       (2) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 529. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. HUMAN RIGHTS VETTING OF AFGHAN NATIONAL DEFENSE AND 
                   SECURITY FORCES.

       The Secretary of Defense may establish within the 
     Department of Defense one or more permanent positions to 
     oversee and support, in coordination with the Department of 
     State, the implementation of section 362 of title 10, United 
     States Code, with respect to the Afghan National Defense and 
     Security Forces.
                                 ______
                                 
  SA 530. Mrs. McCASKILL (for herself and Mr. Tester) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       On page 447, between lines 18 and 19, insert the following:
       (k) Contingent Effectiveness.--
       (1) In general.--This section shall not go into effect 
     unless the Secretary of Defense certifies to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives each of the following:
       (A) That a cost-benefit analysis, included with the 
     certifications, demonstrates the transfer of functions of 
     background investigations to Department of Defense will not 
     increase costs to the Department or other agencies.
       (B) That the backlog of background investigations at the 
     National Background Investigations Bureau have been 
     eliminated.
       (C) That the background investigation program of the 
     Department of Defense adheres to investigative standards 
     established by the Security Executive Agent, the Suitability

[[Page S4528]]

     Executive Agent, and the Credentialing Executive Agent.
       (D) That common components of technology systems between 
     the Defense Security Service and National Background 
     Investigations Bureau have been tested and are operational.
       (E) That the background investigation program of the 
     Department will adhere to reciprocity, timeliness, and 
     quality standards and metrics established by law and by the 
     Security Executive Agent, the Suitability Executive Agent, 
     and the Credentialing Executive Agent.
       (2) Workforce analysis.--The Secretary shall include with 
     the certifications described in paragraph (1) a workforce 
     analysis of the appropriate mix of contractor and Federal 
     employees to conduct the background investigation work for 
     the Department.
                                 ______
                                 
  SA 531. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LETHALITY AND RESILIENCY OF THE FUTURE GUIDED 
                   MISSILE FRIGATE (FFG(X)).

       It is the sense of Congress that--
       (1) the Navy should evaluate all United States and Allied 
     naval gun, missile, and warfare system solutions capable of 
     being integrated on the Future Guided Missile Frigate 
     (FFG(X)); and
       (2) should not limit or designate the integration of a 
     specific naval gun or warfare system on the FFG(X) at any 
     time during the development and acquisition process of the 
     FFG(X) program, beginning with the market assessment period, 
     in order to ensure a transparent, open, and comprehensive 
     evaluation of future required combat lethality and self-
     defense resiliency capabilities.
                                 ______
                                 
  SA 532. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       On page 37, insert the following after line 13:
       ``(5) Adjustments to state expenditures targets to promote 
     program equity across states.--
       ``(A) In general.--Beginning with fiscal year 2020, the 
     target per capita medical assistance expenditures for a 1903A 
     enrollee category, State, and fiscal year, as determined 
     under paragraph (2), shall be adjusted (subject to 
     subparagraph (C)(i)) in accordance with this paragraph.
       ``(B) Adjustment based on level of per capita spending for 
     1903a enrollee categories.--Subject to subparagraph (C), with 
     respect to a State, fiscal year, and 1903A enrollee category, 
     if the State's per capita categorical medical assistance 
     expenditures (as defined in subparagraph (D)) for the State 
     and category in the preceding fiscal year--
       ``(i) exceed the mean per capita categorical medical 
     assistance expenditures for the category for all States for 
     such preceding year by not less than 25 percent, the State's 
     target per capita medical assistance expenditures for such 
     category for the fiscal year involved shall be reduced by a 
     percentage that shall be determined by the Secretary but 
     which shall not be less than 0.5 percent or greater than 3 
     percent; or
       ``(ii) are less than the mean per capita categorical 
     medical assistance expenditures for the category for all 
     States for such preceding year by not less than 25 percent, 
     the State's target per capita medical assistance expenditures 
     for such category for the fiscal year involved shall be 
     increased by a percentage that shall be determined by the 
     Secretary but which shall not be less than 0.5 percent or 
     greater than 3 percent.
       ``(C) Rules of application.--
       ``(i) Budget neutrality requirement.--In determining the 
     appropriate percentages by which to adjust States' target per 
     capita medical assistance expenditures for a category and 
     fiscal year under this paragraph, the Secretary shall make 
     such adjustments in a manner that does not result in a net 
     increase in Federal payments under this section for such 
     fiscal year, and if the Secretary cannot adjust such 
     expenditures in such a manner there shall be no adjustment 
     under this paragraph for such fiscal year.
       ``(ii) Assumption regarding state expenditures.--For 
     purposes of clause (i), in the case of a State that has its 
     target per capita medical assistance expenditures for a 1903A 
     enrollee category and fiscal year increased under this 
     paragraph, the Secretary shall assume that the categorical 
     medical assistance expenditures (as defined in subparagraph 
     (D)(ii)) for such State, category, and fiscal year will equal 
     such increased target medical assistance expenditures.
       ``(iii) Nonapplication to low-density states.--This 
     paragraph shall not apply to any State that has a population 
     density of less than 15 individuals per square mile, based on 
     the most recent data available from the Bureau of the Census.
       ``(iv) Disregard of adjustment.--Any adjustment under this 
     paragraph to target medical assistance expenditures for a 
     State, 1903A enrollee category, and fiscal year shall be 
     disregarded when determining the target medical assistance 
     expenditures for such State and category for a succeeding 
     year under paragraph (2).
       ``(v) Application for fiscal years 2020 and 2021.--In 
     fiscal years 2020 and 2021, the Secretary shall apply this 
     paragraph by deeming all categories of 1903A enrollees to be 
     a single category.
       ``(D) Per capita categorical medical assistance 
     expenditures.--
       ``(i) In general.--In this paragraph, the term `per capita 
     categorical medical assistance expenditures' means, with 
     respect to a State, 1903A enrollee category, and fiscal year, 
     an amount equal to--

       ``(I) the categorical medical expenditures (as defined in 
     clause (ii)) for the State, category, and year; divided by
       ``(II) the number of 1903A enrollees for the State, 
     category, and year.

       ``(ii) Categorical medical assistance expenditures.--The 
     term `categorical medical assistance expenditures' means, 
     with respect to a State, 1903A enrollee category, and fiscal 
     year, an amount equal to the total medical assistance 
     expenditures (as defined in paragraph (2)) for the State and 
     fiscal year that are attributable to 1903A enrollees in the 
     category, excluding any excluded expenditures (as defined in 
     paragraph (3)) for the State and fiscal year that are 
     attributable to 1903A enrollees in the category.
                                 ______
                                 
  SA 533. Mrs. CAPITO (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. 710. ELIGIBILITY FOR CERTAIN HEALTH CARE BENEFITS OF 
                   MEMBERS OF THE SELECTED RESERVE ORDERED TO 
                   ACTIVE DUTY FOR PREPLANNED MISSIONS IN SUPPORT 
                   OF THE COMBATANT COMMANDS.

       (a) Pre-mobilization Health Care.--Section 1074(d)(2) of 
     title 10, United States Code, is amended by striking ``in 
     support of a contingency operation under'' and inserting 
     ``under section 12304b of this title or''.
       (b) Transitional Health Care.--Section 1145(a)(2)(B) of 
     such title is amended by striking ``in support of a 
     contingency operation'' and inserting ``under section 12304b 
     of this title or a provision of law referred to in section 
     101(a)(13)(B) of this title''.
                                 ______
                                 
  SA 534. Mrs. CAPITO (for herself, Mr. Cornyn, and Mr. Wicker) 
submitted an amendment intended to be proposed by her to the bill H.R. 
2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 639. REDUCED AGE FOR ELIGIBILITY FOR RETIRED PAY FOR 
                   NON-REGULAR SERVICE FOR SERVICE ON ACTIVE DUTY 
                   OF MEMBERS OF THE SELECTED RESERVE ORDERED TO 
                   ACTIVE DUTY FOR PREPLANNED MISSIONS IN SUPPORT 
                   OF THE COMBATANT COMMANDS.

       Section 12731(f)(2)(B)(i) of title 10, United States Code, 
     is amended by striking ``under a provision of law referred to 
     in section 101(a)(13)(B) or under section 12301(d)'' and 
     inserting ``under section 12301(d) or 12304b of this title or 
     a provision of law referred to in section 101(a)(13)(B)''.
                                 ______
                                 
  SA 535. Mrs. CAPITO submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       On page 498, beginning on line 1, strike ``12.6 percent'' 
     and insert ``10 percent''.
                                 ______
                                 
  SA 536. Mrs. CAPITO submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:


[[Page S4529]]


  

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

     SEC. ___. PROHIBITION ON USE OF FUNDS TO DISESTABLISH SENIOR 
                   RESERVE OFFICERS' TRAINING CORPS PROGRAMS.

       No amounts authorized to be appropriated by this Act may be 
     used to--
       (1) disestablish, or prepare to disestablish, a Senior 
     Reserve Officers' Training Corps program in accordance with 
     Department of Defense Instruction Number 1215.08, dated June 
     26, 2006; or
       (2) close, downgrade from host to extension center, or 
     place on probation a Senior Reserve Officers' Training Corps 
     program in accordance with the information paper of the 
     Department of the Army titled ``Army Senior Reserve Officers 
     Training Corps (SROTC) Program Review and Criteria'' and 
     dated January 27, 2014, or any successor information paper or 
     policy of the Department of the Army.
                                 ______
                                 
  SA 537. Mr. CRUZ (for himself and Mr. Tillis) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON ILLICIT ACTIVITIES OF CERTAIN IRANIAN 
                   PERSONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 60 days thereafter, the 
     Secretary of Defense, in consultation with the Director of 
     National Intelligence, the Secretary of the Treasury, the 
     Secretary of Commerce, and the Secretary of State, shall 
     submit to the appropriate committees of Congress a report 
     that includes the following:
       (1) A list of each person listed, or required to be listed, 
     in Attachment 3 to Annex II of the Joint Comprehensive Plan 
     of Action that has, on or after the date of the 
     implementation of the Joint Comprehensive Plan of Action and 
     before the date of the report, knowingly facilitated, 
     participated or assisted in, engaged in, directed, or 
     provided material support for activities described in 
     subsection (b).
       (2) A description of the activity described in subsection 
     (b) engaged in by each person on the list required by 
     paragraph (1).
       (3) An assessment of the extent to which the activity 
     described in subsection (b) engaged in by each person on the 
     list required by paragraph (1) involves the provision or 
     delivery of financial, material, or technological support 
     to--
       (A) the Government of Iran;
       (B) Iran's Islamic Revolutionary Guard Corps;
       (C) any person with respect to which sanctions have been 
     imposed under any provision of law imposing sanctions with 
     respect to Iran; or
       (D) any person that directly, or indirectly through one or 
     more intermediaries, is controlled by, or is under common 
     control with, an entity described in subparagraph (A), (B), 
     or (C).
       (b) Activities Described.--An activity described in this 
     subsection is any of the following:
       (1) An act of international terrorism.
       (2) The proliferation of nuclear or ballistic missile 
     technology or spare parts.
       (3) Illicit arms sales.
       (4) Significant activities undermining cybersecurity.
       (5) Violations of export controls.
       (6) Financial crimes.
       (7) Transnational organized crime, including drug and human 
     trafficking.
       (c) Determination and Public Availability.--To the maximum 
     extent practicable, the list required by subsection (a)(1) 
     shall be made available to the public and posted on a 
     publicly available Internet website of the Department of 
     Defense, the Department of State, the Department of the 
     Treasury, or the Department of Commerce.
       (d) Definitions.--In this section:
       (1) Act of international terrorism.--The term ``act of 
     international terrorism'' includes--
       (A) an act of torture, extrajudicial killing, aircraft 
     sabotage, or hostage taking, as those terms are defined in 
     section 1605A(h) of title 28, United States Code; and
       (B) providing material support or resources, as defined in 
     section 2339A of title 18, United States Code, for an act 
     described in subparagraph (A).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) 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; and
       (B) the Committee on Armed Services, the Committee on 
     Financial Services, the Committee on Foreign Affairs, and the 
     Select Committee on Intelligence of the House of 
     Representatives.
       (3) Knowingly.--The term ``knowingly'' has the meaning 
     given that term in section 14 of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (4) Joint comprehensive plan of action.--The term ``Joint 
     Comprehensive Plan of Action'' means the Joint Comprehensive 
     Plan of Action, agreed to at Vienna on July 14, 2015, by Iran 
     and by the People's Republic of China, France, Germany, the 
     Russian Federation, the United Kingdom, and the United 
     States, with the High Representative of the European Union 
     for Foreign Affairs and Security Policy, and all implementing 
     materials and agreements related to the Joint Comprehensive 
     Plan of Action.
       (5) Person.--The term ``person'' means an individual or 
     entity.
       (6) Significant activities undermining cybersecurity.--The 
     term ``significant activities undermining cybersecurity'' 
     includes--
       (A) significant efforts to--
       (i) deny access to or degrade, disrupt, or destroy an 
     information and communications technology system or network; 
     or
       (ii) exfiltrate information from such a system or network 
     without authorization;
       (B) significant destructive malware attacks;
       (C) significant denial or service activities; and
       (D) such other significant activities undermining 
     cybersecurity as may be specified in regulations prescribed 
     to implement this section.
                                 ______
                                 
  SA 538. Mr. CRUZ (for himself, Mr. Gardner, Mr. Sullivan, and Mr. 
Rubio) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1270E. REPORT ON DESIGNATION OF GOVERNMENT OF NORTH 
                   KOREA AS A STATE SPONSOR OF TERRORISM.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Government designated the Government 
     of North Korea a state sponsor of terrorism on January 20, 
     1988.
       (2) On October 11, 2008, North Korea's designation as a 
     state sponsor of terrorism was rescinded, following 
     commitments by the Government of North Korea to dismantle its 
     nuclear weapons program. However, North Korea has failed to 
     live up to these commitments.
       (3) On October 22, 2015, the U.S. Special Representative 
     for North Korea Policy with the Department of State testified 
     before the House Foreign Affairs Subcommittee on Terrorism, 
     Nonproliferation, and Trade that North Korea's ``conduct 
     poses a growing threat to the United States, our friends in 
     the region, and the global nonproliferation regime'' and the 
     Deputy Coordinator for Homeland Security, Screening, and 
     Designations with the Department of State noted that 
     ``weapons transfers that violate nonproliferation or missile 
     control regimes could be a relevant factor for consideration, 
     depending on the circumstances, consistent with the statutory 
     criteria for designation as a state sponsor of terrorism''.
       (4) The Government of North Korea has harbored members of 
     the Japanese Red Army since a 1970 hijacking and continues to 
     harbor the surviving hijackers to this day.
       (5) On July 16, 2010, in the case of Calderon-Cardona v. 
     Democratic People's Republic of Korea (case number 08-01367), 
     the United States District Court for the District of Puerto 
     Rico found that the Government of North Korea provided 
     material support to the Japanese Red Army, designated as a 
     foreign terrorist organization between 1997 and 2001, in 
     furtherance of a 1972 terrorist attack at Lod Airport, Israel 
     that killed 26 people, including 17 Americans.
       (6) In the case of Chaim Kaplan v. Hezbollah (case number 
     09-646), a United States district court found in 2014 that 
     North Korea materially supported terrorist attacks by 
     Hezbollah, a designated foreign terrorist organization, 
     against Israel in 2006.
       (7) In June 2010, Major Kim Myong-ho and Major Dong Myong-
     gwan of North Korea's Reconnaissance General Bureau pled 
     guilty in a South Korean court to attempting to assassinate 
     Hwang Jang-yop, a North Korean dissident in exile, on the 
     orders of Lieutenant General Kim Yong-chol, the head of North 
     Korea's Reconnaissance General Bureau. The court sentenced 
     each defendant to 10 years in prison.
       (8) In March 2015, the South Korean government concluded 
     that North Korea was responsible for a December 2014 cyber 
     attack against multiple nuclear power plants in South Korea. 
     The South Korean government stated that the attacks were 
     intended to cause a malfunction at the plants' reactors, and 
     described the attacks as acts of ``cyber-terror targeting our 
     country''.
       (9) On December 19, 2015, the Federal Bureau of 
     Investigation (FBI) concluded that North Korea was 
     responsible for a cyber attack on Sony Pictures Entertainment 
     and a subsequent threat of violence against theaters that 
     showed the film ``The Interview''. The FBI concluded that the 
     ``Guardians of Peace,'' which sent the threat to Sony 
     Pictures, was a unit of North Korea's Reconnaissance General 
     Bureau, its foreign intelligence service.

[[Page S4530]]

       (10) South Korean and Malaysian authorities have alleged 
     that officials from North Korea's secret police and Foreign 
     Ministry were involved in the poisoning and killing of the 
     estranged half-brother of the country's leader, Kim Jong-nam, 
     using the chemical weapon VX nerve agent, a substance banned 
     for use as a weapon by the United Nations Chemical Weapons 
     Convention, on February 13, 2017, in Kuala Lumpur.
       (b) Sense of Congress.--It is the sense of the Congress 
     that the Government of North Korea should be designated as a 
     state sponsor of terrorism.
       (c) Determination.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a 
     determination as to whether North Korea meets the criteria 
     for designation as a state sponsor of terrorism.
       (d) Form.--The report required by subsection (c) shall be 
     submitted in unclassified form, but may include a classified 
     annex, if appropriate.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Foreign terrorist organization.--The term ``foreign 
     terrorist organization'' means an organization designated by 
     the Secretary of State as a foreign terrorist organization 
     under section 219 of the Immigration and Nationality Act (8 
     U.S.C. 1189).
       (3) North korea.--The term ``North Korea'' means the 
     Democratic People's Republic of Korea.
       (4) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means a country the government of which the 
     Secretary of State has determined, for purposes of section 
     6(j) of the Export Administration Act of 1979 (50 U.S.C. 
     4605(j)) (as in effect pursuant to the International 
     Emergency Economic Powers Act), section 620A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the 
     Arms Export Control Act (22 U.S.C. 2780), or any other 
     provision of law, is a government that has repeatedly 
     provided support for acts of international terrorism.
                                 ______
                                 
  SA 539. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. LIMITATION ON OBSERVATION FLIGHTS OF THE RUSSIAN 
                   FEDERATION OVER THE UNITED STATES UNDER THE 
                   OPEN SKIES TREATY.

       (a) In General.--No amounts authorized to be appropriated 
     by this Act may be used to aid, support, or permit in any 
     manner observation flights of the Russian Federation over the 
     United States under the Open Skies Treaty until the Secretary 
     of Defense certifies to Congress each of the following:
       (1) That the Russian Federation has removed all 
     restrictions regarding access to observation flights of the 
     United States and other covered state parties over the 
     entirety of Russia in a manner that permits full 
     implementation of the observation rights provided to the 
     United States and covered state parties under the Open Skies 
     Treaty.
       (2) That the Russian Federation provides the same Air 
     Traffic Control prioritization to observation aircraft from 
     the United States and covered state parties that it receives 
     from other participants under the Open Skies Treaty.
       (3) That no upgraded sensors will be employed in 
     observation flights of the Russian Federation or Belarus over 
     the United States under the Open Skies Treaty unless the 
     Russian Federation has agreed to the employment of advanced 
     sensors, consistent with the Open Skies Treaty, on United 
     States observation aircraft, and the United States has 
     deployed such sensors, for observation flights over Russia 
     under the Open Skies Treaty.
       (b) Definitions.--In this section:
       (1) Covered state party.--The term ``covered state party'' 
     means a foreign country that--
       (A) is a state party to the Open Skies Treaty; and
       (B) is a United States ally.
       (2) Observation aircraft, observation flight, and sensor.--
     The terms ``observation aircraft'', ``observation flight'', 
     and ``sensor'' have the meanings given such terms in Article 
     II of the Open Skies Treaty.
       (3) Open skies treaty.--The term ``Open Skies Treaty'' 
     means the Treaty on Open Skies, done at Helsinki March 24, 
     1992, and entered into force January 1, 2002.
                                 ______
                                 
  SA 540. Mr. CRUZ (for himself, Mr. Leahy, Mr. Tillis, and Mr. 
Merkley) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT RESIDENT STATUS FOR LIU XIA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Liu Xia shall be eligible for issuance of an immigrant 
     visa or for adjustment of status to that of an alien lawfully 
     admitted for permanent residence upon filing an application 
     for issuance of an immigrant visa under section 204 of such 
     Act (8 U.S.C. 1154) or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Liu Xia enters the United 
     States before the filing deadline specified in subsection 
     (c), Liu Xia shall be considered to have entered and remained 
     lawfully in the United States and shall be eligible for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) as of the date of the 
     enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than the later of--
       (1) 2 years after the date of the enactment of this Act; or
       (2) 2 years after the date on which Liu Xia is released 
     from incarceration or travel restriction imposed by the 
     People's Republic of China.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Liu Xia, the 
     Secretary of State shall instruct the proper officer to 
     reduce by 1, during the current or next following fiscal 
     year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Liu Xia under 
     section 203(a) of the Immigration and Nationality Act (8 
     U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of Liu 
     Xia under section 202(e) of such Act (8 U.S.C. 1152(e)).
                                 ______
                                 
  SA 541. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INCLUSION OF FEDERAL SUBSIDIES IN CALCULATION OF 
                   FULLY BURDENED COST OF DROP-IN FUELS.

       Section 2922h(c)(4) of title 10, United States Code, is 
     amended by inserting ``, including any financial 
     contributions from a Federal agency other than the Department 
     of Defense, including the Commodity Credit Corporation under 
     the Department of Agriculture, for the purpose of reducing 
     the total price of the fuel,'' after ``commodity price of the 
     fuel''.
                                 ______
                                 
  SA 542. Mr. TILLIS (for himself and Mr. Nelson) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATION ON AVAILABILITY OF FUNDS FOR THE 
                   ENHANCED MULTI MISSION PARACHUTE SYSTEM.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for the 
     Department of Defense for fiscal year 2018 for the Enhanced 
     Multi Mission Parachute System may be used to enter into or 
     prepare to enter into a contract for the procurement of the 
     Enhanced Multi Mission Parachute System unless the Secretary 
     of the Navy submits to the congressional defense committees 
     the certification described in subsection (b) and the report 
     described in subsection (c).
       (b) Certification.--The certification referred to in 
     subsection (a) is a certification by the Secretary of the 
     Navy that--
       (1) neither the Marine Corps' currently field enhanced 
     multi mission parachute system nor the Army's RA-1 parachute 
     system meet the Marine Corps requirements;
       (2) that the Marine Corps' PARIS, Special Application 
     Parachute does not meet the Marine Corps requirement;
       (3) the testing plan for the enhanced multi mission 
     parachute system meets all regulatory requirements; and
       (4) the Department of the Navy has performed the analysis 
     and determined that a

[[Page S4531]]

     high glide canopy is not more prone to malfunctions than the 
     currently fielded free fall parachute systems.
       (c) Report.--The report referred to in subsection (a) is a 
     report that includes--
       (1) an explanation of the rationale for using the Parachute 
     Industry Association specification normally used for sports 
     parachutes that are employed from relatively slow flying 
     civilian aircraft at altitudes below 10,000 feet for a 
     military parachute;
       (2) an inventory and cost estimate for any new equipment 
     and training that the Marine Corps will have to be acquire in 
     order to employ a high glide parachute;
       (3) an explanation of why the Department of the Navy is 
     conducting a paper down select and not conducting any testing 
     until first article testing; and
       (4) a discussion of the risk assessment for high glide 
     canopies, and specifically how the Department of the Navy is 
     mitigating the risk for malfunctions experienced in other 
     high glide canopy programs.
                                 ______
                                 
  SA 543. Mr. SULLIVAN (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       On page 27, strike lines 17 through 18 and insert the 
     following:
       ``(ii) participates in education directly related to 
     employment; or
       ``(E) an individual eligible to receive health services 
     from the Indian Health Service or from an Indian Tribe, a 
     Tribal Organization, or an Urban Indian Organization.
                                 ______
                                 
  SA 544. Mr. BURR submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPEAL OF REQUIREMENT FOR NOTIFICATION ON THE 
                   PROVISION OF DEFENSE SENSITIVE SUPPORT.

       Section 1055 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is 
     hereby repealed.
                                 ______
                                 
  SA 545. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       Strike section 2814.
                                 ______
                                 
  SA 546. Mrs. SHAHEEN (for herself, Mr. Carper, Mr. Reed, Mr. Murphy, 
Ms. Baldwin, Ms. Hirono, Ms. Klobuchar, Mr. Blumenthal, Mr. Heinrich, 
Mr. Coons, Ms. Heitkamp, Ms. Stabenow, Mr. Cardin, Mr. Markey, Mr. 
Warner, Mr. Van Hollen, and Ms. Warren) submitted an amendment intended 
to be proposed by her to the bill H.R. 1628, to provide for 
reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. FUNDING FOR COST-SHARING PAYMENTS.

       There is appropriated to the Secretary of Health and Human 
     Services, out of any money in the Treasury not otherwise 
     appropriated, such sums as may be necessary for payments for 
     cost-sharing reductions authorized by the Patient Protection 
     and Affordable Care Act (including adjustments to any prior 
     obligations for such payments) for the period beginning on 
     the date of enactment of this Act.
                                 ______
                                 
  SA 547. Mrs. SHAHEEN (for herself, Mr. Carper, Mr. Reed, Mr. Murphy, 
Ms. Baldwin, Ms. Hirono, Ms. Klobuchar, Mr. Blumenthal, Mr. Heinrich, 
Mr. Coons, Ms. Heitkamp, Ms. Stabenow, Mr. Cardin, Mr. Markey, Mr. 
Warner, Mr. Van Hollen, and Ms. Warren) submitted an amendment intended 
to be proposed by her to the bill H.R. 1628, to provide for 
reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; which was ordered to lie on the table; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. FUNDING FOR COST-SHARING PAYMENTS.

       There is appropriated to the Secretary of Health and Human 
     Services, out of any money in the Treasury not otherwise 
     appropriated, such sums as may be necessary for payments for 
     cost-sharing reductions authorized by the Patient Protection 
     and Affordable Care Act (including adjustments to any prior 
     obligations for such payments) for the period beginning on 
     the date of enactment of this Act.
                                 ______
                                 
  SA 548. Mrs. SHAHEEN (for herself, Mr. Carper, Mr. Reed, Mr. Murphy, 
Ms. Baldwin, Ms. Hirono, Ms. Klobuchar, Mr. Blumenthal, Mr. Heinrich, 
Mr. Coons, Ms. Heitkamp, Ms. Stabenow, Mr. Cardin, Mr. Markey, Mr. 
Warner, Mr. Van Hollen, and Ms. Warren) submitted an amendment intended 
to be proposed by her to the bill H.R. 1628, to provide for 
reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; which was ordered to lie on the table; as 
follows:

       Strike sections 204 and 205 and insert the following:

     SEC. 204. ENHANCEMENTS FOR REDUCED COST SHARING.

       (a) Modification of Amount.--
       (1) In general.--Section 1402(c)(2) of the Patient 
     Protection and Affordable Care Act is amended to read as 
     follows:
       ``(2) Additional reduction.--The Secretary shall establish 
     procedures under which the issuer of a qualified health plan 
     to which this section applies shall further reduce cost-
     sharing under the plan in a manner sufficient to--
       ``(A) in the case of an eligible insured whose household 
     income is not less than 100 percent but not more than 200 
     percent of the poverty line for a family of the size 
     involved, increase the plan's share of the total allowed 
     costs of benefits provided under the plan to 95 percent of 
     such costs;
       ``(B) in the case of an eligible insured whose household 
     income is more than 200 percent but not more than 300 percent 
     of the poverty line for a family of the size involved, 
     increase the plan's share of the total allowed costs of 
     benefits provided under the plan to 90 percent of such costs; 
     and
       ``(C) in the case of an eligible insured whose household 
     income is more than 300 percent but not more than 400 percent 
     of the poverty line for a family of the size involved, 
     increase the plan's share of the total allowed costs of bene- 
     fits provided under the plan to 85 percent of such costs.''.
       (2) Conforming amendment.--Clause (i) of section 
     1402(c)(1)(B) of such Act is amended to read as follows:
       ``(i) In general.--The Secretary shall ensure the reduction 
     under this paragraph shall not result in an increase in the 
     plan's share of the total allowed costs of benefits provided 
     under the plan above--

       ``(I) 95 percent in the case of an eligible insured 
     described in paragraph (2)(A);
       ``(II) 90 percent in the case of an eligible insured 
     described in paragraph (2)(B); and
       ``(III) 85 percent in the case of an eligible insured 
     described in paragraph (2)(C).''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to plan years beginning after December 31, 2017.
       (b) Funding.--Section 1402 of the Patient Protection and 
     Affordable Care Act is amended by adding at the end the 
     following new subsection:
       ``(g) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, there are appropriated to the 
     Secretary such sums as may be necessary for payments under 
     this section.''.
       (c) Reinstatement of Premium Tax Credit.--The amendments 
     made by section 102 shall be null and void.
                                 ______
                                 
  SA 549. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INCREASE IN CHIP ELIGIBILITY AGE.

       (a) In General.--Section 2110(c)(1) of the Social Security 
     Act (42 U.S.C. 1397jj(c)(1)) is amended by striking ``19'' 
     and inserting ``26''.
       (b) Conforming Amendment.--Section 2112(b)(1)(B) of such 
     Act (42 U.S.C. 1397ll(b)(1)(B)) is amended by striking ``19 
     years of age under this title (or title XIX)'' and inserting 
     ``26 years of age under this title (or, in the case of title 
     XIX, under 19 years of age or such higher age as the State 
     has elected for purposes of the eligibility of a child under 
     the State plan under that title or under a waiver of that 
     plan)''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to eligibility determinations made after 
     the date that is 180 days after the date of the enactment of 
     this section.
       (2) Exception for state legislation.--In the case of a 
     State plan under title XIX of the Social Security Act that 
     the Secretary of Health and Human Services determines 
     requires State legislation in order for the respective plan 
     to meet any requirement imposed by amendments made by this 
     section, the respective plan shall not be regarded as failing 
     to comply with the requirements of

[[Page S4532]]

     such title solely on the basis of its failure to meet such an 
     additional requirement before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of the enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of the session shall be 
     considered to be a separate regular session of the State 
     legislature.
                                 ______
                                 
  SA 550. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE THAT HEALTH CARE IS A RIGHT.

       It is the sense of the Senate that--
       (1) the United States should join every other major country 
     on Earth and guarantee health care to all as a right, not a 
     privilege; and
       (2) it is time to end the absurdity that the United States 
     spends far more per capita on health care and pays the 
     highest prices in the world for prescription drugs.
                                 ______
                                 
  SA 551. Mr. HOEVEN (for himself and Mr. Daines) submitted an 
amendment intended to be proposed to amendment SA 267 proposed by Mr. 
McConnell to the bill H.R. 1628, to provide for reconciliation pursuant 
to title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       Strike section 202 and insert the following:

     SEC. 202. SUPPORT FOR STATE AND INDIAN HEALTH PROGRAM 
                   RESPONSE TO SUBSTANCE ABUSE PUBLIC HEALTH 
                   CRISIS AND URGENT MENTAL HEALTH NEEDS.

       (a) In General.--There are authorized to be appropriated, 
     and are appropriated, out of monies in the Treasury not 
     otherwise obligated, $750,000,000 for each of fiscal years 
     2018 and 2019, to the Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') to award 
     grants to States and Indian health programs to address the 
     substance abuse public health crisis or to respond to urgent 
     mental health needs within the State or community served by 
     the Indian health program. In awarding grants under this 
     section, the Secretary may give preference to States, and 
     Indian health programs that serve Indian tribes, with an 
     incidence or prevalence of substance use disorders that is 
     substantial relative to other States or to States and Indian 
     health programs that identify mental health needs within 
     their communities that are urgent relative to such needs of 
     other States. Funds appropriated under this subsection shall 
     remain available until expended.
       (b) Use of Funds.--Grants awarded to a State or Indian 
     health program under subsection (a) shall be used for one or 
     more of the following public health-related activities:
       (1) Improving State prescription drug monitoring programs.
       (2) Implementing prevention activities, and evaluating such 
     activities to identify effective strategies to prevent 
     substance abuse.
       (3) Training for health care practitioners, such as best 
     practices for prescribing opioids, pain management, 
     recognizing potential cases of substance abuse, referral of 
     patients to treatment programs, and overdose prevention.
       (4) Supporting access to health care services provided by 
     Federally certified opioid treatment programs or other 
     appropriate health care providers to treat substance use 
     disorders or mental health needs.
       (5) Other public health-related activities, as the State or 
     Indian health program determines appropriate, related to 
     addressing the substance abuse public health crisis or 
     responding to urgent mental health needs within the State or 
     community served by the Indian health program.
       (c) Definitions.--In this section, the terms ``Indian 
     health program'' and ``Indian tribe'' have the meanings given 
     the terms in section 4 of the Indian Health Care Improvement 
     Act (25 U.S.C. 1603).
                                 ______
                                 
  SA 552. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1049. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF 
                   DEPARTMENT OF DEFENSE FUNDS.

       (a) In General.--Chapter 165 of title 10, United States 
     Code, is amended by inserting after section 2777 the 
     following new section:

     ``Sec. 2778. Disclosure requirements for recipients of 
       Department of Defense funds

       ``An individual or entity (including a State or local 
     government and a recipient of a Department of Defense 
     research grant) carrying out a program, project, or activity 
     that is, in whole or in part, carried out using funds 
     provided by the Department of Defense shall clearly state in 
     any statement, press release, requests for proposal, bid 
     solicitation, or other document describing the program, 
     project, or activity--
       ``(1) the percentage of the total costs of the program, 
     project, or activity which will be financed with funds 
     provided by the Department;
       ``(2) the dollar amount of the funds provided by the 
     Department that were made available for the program, project, 
     or activity; and
       ``(3) the percentage of the total costs of, and dollar 
     amount for, the program, project, or activity that will be 
     financed by nongovernmental sources.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 165 of such title is amended by 
     inserting after the item relating to section 2777 the 
     following new item:

``2778. Disclosure requirements for recipients of Department of Defense 
              funds.''.
                                 ______
                                 
  SA 553. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___8. INVESTMENT OF ASSETS OF JAMES MADISON MEMORIAL 
                   FELLOWSHIP TRUST FUND.

       Subsection (b) of section 811 of the James Madison Memorial 
     Fellowship Act (20 U.S.C. 4510) is amended to read as 
     follows:
       ``(b)(1) It shall be the duty of the Secretary of the 
     Treasury to invest in full the amounts appropriated to the 
     fund.
       ``(2) Subject to paragraph (3), investments of amounts 
     appropriated to the fund shall be made in public debt 
     securities of the United States with maturities suitable to 
     the fund. For such purpose, such obligations may be acquired 
     (A) on original issue at the issue price, or (B) by purchase 
     of outstanding obligations at the market price. The purposes 
     for which obligations of the United States may be issued 
     under chapter 31 of title 31, United States Code, are hereby 
     extended to authorize the issuance at par of special 
     obligations exclusively to the fund. Such special obligations 
     shall bear interest at a rate equal to the average rate of 
     interest, computed as to the end of the calendar month next 
     preceding the date of such issue, borne by all marketable 
     interest-bearing obligations of the United States then 
     forming a part of the public debt, except that where such 
     average rate is not a multiple of \1/8\ of 1 percent, the 
     rate of interest of such special obligations shall be the 
     multiple of \1/8\ of 1 percent next lower than such average 
     rate. Such special obligations shall be issued only if the 
     Secretary determines that the purchases of other interest-
     bearing obligations of the United States, or of obligations 
     guaranteed as to both principal and interest by the United 
     States or original issue or at the market price, is not in 
     the public interest.
       ``(3)(A) Notwithstanding paragraph (2), upon receiving a 
     determination of the Board described in subparagraph (B), the 
     Secretary shall invest up to 40 percent of the fund's assets 
     in securities other than public debt securities of the United 
     States, provided that the securities are traded in 
     established United States markets.
       ``(B) A determination described in this subparagraph is a 
     determination by the Board that investments as described in 
     subparagraph (A) are necessary to enable the Foundation to 
     carry out the purposes of this title without any diminution 
     of the number of fellowships provided under section 804.
       ``(C) Nothing in this paragraph shall be construed to limit 
     the authority of the Board to increase the number of 
     fellowships provided under section 804, or to increase the 
     amount of the fellowship authorized by section 809, as the 
     Board considers appropriate and is otherwise consistent with 
     the requirements of this title.''.
                                 ______
                                 
  SA 554. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 513. REPORT ON COORDINATION BETWEEN DEPARTMENT OF 
                   DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS ON 
                   TIMING OF CESSATION OF VETERANS BENEFITS FOR 
                   MEMBERS OF THE RESERVE COMPONENTS WHOSE ACTIVE 
                   DUTY INTERRUPTS RECEIPT OF BENEFITS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act,

[[Page S4533]]

     the Secretary of Defense and the Secretary of Veterans 
     Affairs shall jointly submit to Congress a report setting 
     forth a description of a mechanism through which the 
     Department of Defense may provide timely notice to the 
     Department of Veterans Affairs of the commencement and period 
     of active duty of members of the reserve components of the 
     Armed Forces described in subsection (b) in order to ensure 
     the following:
       (1) That such members, while on active duty in the Armed 
     Forces, do not receive veterans' benefits which they are not 
     eligible to receive while on active duty.
       (2) That such members recommence receipt of such benefits 
     as soon as practicable after cessation of active duty.
       (b) Covered Members.--The members of the reserve components 
     of the Armed Forces described in this subsection are members 
     who, while on active duty in the Armed Forces, are not 
     eligible to receive veterans' benefits to which such members 
     are otherwise entitled during other periods.
       (c) Veterans' Benefits Defined.--In this section, the term 
     ``veterans' benefits'' means benefits for veterans under the 
     laws administered by the Secretary of Veterans Affairs.
                                 ______
                                 
  SA 555. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1088. INVESTMENT OF ASSETS OF BARRY GOLDWATER 
                   SCHOLARSHIP AND EXCELLENCE IN EDUCATION FUND.

       Subsection (b) of section 1408 of the Barry Goldwater 
     Scholarship and Excellence in Education Act (20 U.S.C. 4707) 
     is amended to read as follows:
       ``(b) Investment of Fund Assets.--(1) It shall be the duty 
     of the Secretary of the Treasury to invest in full the 
     amounts appropriated to the fund.
       ``(2) Subject to paragraph (3), investments of amounts 
     appropriated to the fund shall be made in public debt 
     securities of the United States with maturities suitable to 
     the fund. For such purpose, such obligations may be acquired 
     (A) on original issue at the issue price, or (B) by purchase 
     of outstanding obligations at the market price. The purposes 
     for which obligations of the United States may be issued 
     under chapter 31 of title 31, United States Code, are hereby 
     extended to authorize the issuance at par of special 
     obligations exclusively to the fund. Such special obligations 
     shall bear interest at a rate equal to the average rate of 
     interest, computed as to the end of the calendar month next 
     preceding the date of such issue, borne by all marketable 
     interest-bearing obligations of the United States then 
     forming a part of the public debt, except that where such 
     average rate is not a multiple of \1/8\ of 1 percent, the 
     rate of interest of such special obligations shall be the 
     multiple of \1/8\ of 1 percent next lower than such average 
     rate. Such special obligations shall be issued only if the 
     Secretary determines that the purchases of other interest-
     bearing obligations of the United States, or of obligations 
     guaranteed as to both principal and interest by the United 
     States or original issue or at the market price, is not in 
     the public interest.
       ``(3)(A) Notwithstanding paragraph (2), upon receiving a 
     determination of the Board described in subparagraph (B), the 
     Secretary may invest up to 40 percent of the fund's assets in 
     securities other than public debt securities of the United 
     States, provided that the securities are traded in 
     established United States markets.
       ``(B) A determination described in this subparagraph is a 
     determination by the Board that investments as described in 
     subparagraph (A) are necessary to enable the Foundation to 
     carry out the purposes of this title without any diminution 
     of the number of scholarships provided under section 1405, or 
     of the stipend authorized by section 1406.
       ``(C) Nothing in this paragraph shall be construed to limit 
     the authority of the Board to increase the number of 
     scholarships provided under section 1405, or to increase the 
     amount of the stipend authorized by section 1406, as the 
     Board considers appropriate and is otherwise consistent with 
     the requirements of this title.''.
                                 ______
                                 
  SA 556. Mr. INHOFE (for himself and Mr. Lankford) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. INVESTIGATION OF MEDICAL CENTERS OF THE DEPARTMENT 
                   OF VETERANS AFFAIRS.

       (a) In General.--The Secretary of Veterans Affairs may 
     contract with a nonprofit organization that accredits health 
     care organizations and programs in the United States to 
     investigate a medical center of the Department of Veterans 
     Affairs to assess and report deficiencies of the facilities 
     at such medical center.
       (b) Authority of Directors.--
       (1) In general.--Subject to coordination under paragraph 
     (2), the Secretary shall delegate the authority under 
     subsection (a) to contract for an investigation at a medical 
     center of the Department to the Director of the Veterans 
     Integrated Service Network in which the medical center is 
     located or the director of such medical center.
       (2) Coordination.--Before entering into a contract under 
     paragraph (1), the Director of a Veterans Integrated Service 
     Network or the director of a medical center, as the case may 
     be, shall notify the Secretary of Veterans Affairs, the 
     Inspector General of the Department of Veterans Affairs, and 
     the Comptroller General of the United States for purposes of 
     coordinating any investigation conducted pursuant to such 
     contract with any other investigations that may be ongoing.
       (c) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to prevent the Office of the Inspector General of the 
     Department of Veterans Affairs from conducting any review, 
     audit, evaluation, or inspection regarding a topic for which 
     an investigation is conducted under this section; or
       (2) to modify the requirement that employees of the 
     Department assist with any review, audit, evaluation, or 
     inspection conducted by the Office of the Inspector General 
     of the Department.
                                 ______
                                 
  SA 557. Mr. GARDNER (for himself, Mr. Warner, and Mr. Coons) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ____. MANDATORY SANCTIONS WITH RESPECT TO IRAN RELATING 
                   TO SIGNIFICANT ACTIVITIES UNDERMINING UNITED 
                   STATES CYBERSECURITY.

       (a) Investigation.--The President shall initiate an 
     investigation into the possible designation of an Iranian 
     person under subsection (b) upon receipt by the President of 
     credible information indicating that the person has engaged 
     in conduct described in subsection (b).
       (b) Designation.--The President shall designate under this 
     subsection any Iranian person that the President determines 
     has knowingly--
       (1) engaged in significant activities undermining United 
     States cybersecurity conducted by the Government of Iran; or
       (2) acted for or on behalf of the Government of Iran in 
     connection with such activities.
       (c) Sanctions.--The President shall block and prohibit all 
     transactions in all property and interests in property of any 
     Iranian person designated under subsection (b) if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (d) Suspension of Sanctions.--
       (1) In general.--The President may suspend the application 
     of sanctions under subsection (c) with respect to an Iranian 
     person only if the President submits to the appropriate 
     congressional committees in writing a certification described 
     in paragraph (2) and a detailed justification for the 
     certification.
       (2) Certification described.--
       (A) In general.--A certification described in this 
     paragraph with respect to an Iranian person is a 
     certification by the President that--
       (i) the person has not, during the 12-month period 
     immediately preceding the date of the certification, 
     knowingly engaged in activities that would qualify the person 
     for designation under subsection (b); and
       (ii) the person is not expected to resume any such 
     activities.
       (B) Form of certification.--The certification described in 
     subparagraph (A) shall be submitted in unclassified form but 
     may include a classified annex.
       (e) Reimposition of Sanctions.--If sanctions are suspended 
     with respect to an Iranian person under subsection (d), such 
     sanctions shall be reinstated if the President determines 
     that the person has resumed the activity that resulted in the 
     initial imposition of sanctions or has engaged in any other 
     activity subject to sanctions relating to the involvement of 
     the person in significant activities undermining United 
     States cybersecurity on behalf of the Government of Iran.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the President pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et 
     seq.), or any other provision of law.
       (g) Report.--

[[Page S4534]]

       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report that describes significant activities 
     undermining United States cybersecurity conducted by the 
     Government of Iran, a person owned or controlled, directly or 
     indirectly, by that Government, or any person acting for or 
     on behalf of that Government.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) An assessment of the extent to which a foreign 
     government has provided material support to the Government of 
     Iran, to any person owned or controlled, directly or 
     indirectly, by that Government, or to any person acting for 
     or on behalf of that Government, in connection with the 
     conduct of significant activities undermining United States 
     cybersecurity.
       (B) A strategy to counter efforts by Iran to conduct 
     significant activities undermining United States 
     cybersecurity that includes a description of efforts to 
     engage foreign governments in preventing the Government of 
     Iran, persons owned or controlled, directly or indirectly, by 
     that Government, and persons acting for or on behalf of that 
     Government from conducting significant activities undermining 
     United States cybersecurity.
       (3) Form of report.--Each report required by paragraph (1) 
     shall be submitted in an unclassified form but may include a 
     classified annex.
       (h) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term in section 14 of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (2) Cybersecurity.--The term ``cybersecurity'' means the 
     activity or process, ability or capability, or state whereby 
     information and communications systems and the information 
     contained therein are protected from or defended against 
     damage, unauthorized use or modification, or exploitation.
       (3) Iranian person.--The term ``Iranian person'' means--
       (A) an individual who is a citizen or national of Iran; or
       (B) an entity organized under the laws of Iran or otherwise 
     subject to the jurisdiction of the Government of Iran.
       (4) Knowingly.--The term ``knowingly'' has the meaning 
     given that term in section 14 of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.
                                 ______
                                 
  SA 558. Mr. GARDNER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. __. REPORT ON THE CAPABILITIES AND ACTIVITIES OF THE 
                   ISLAMIC STATE OF IRAQ AND SYRIA AND OTHER 
                   VIOLENT EXTREMIST GROUPS IN SOUTHEAST ASIA.

       (a) Report Required.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a report 
     setting forth an assessment of the current and future 
     capabilities and activities of the Islamic State of Iraq and 
     Syria (ISIS) and other violent extremist groups in Southeast 
     Asia.
       (b) Elements.--The report shall include the following:
       (1) The current number of Islamic State of Iraq and Syria 
     fighters in Southeast Asia.
       (2) The estimated number of Islamic State of Iraq and Syria 
     fighters expected to return to Southeast Asia from fighting 
     in the Middle East.
       (3) The current resources available to combat the threat of 
     the Islamic State of Iraq and Syria in Southeast Asia, and 
     the additional resources required to combat that threat.
       (4) A detailed assessment of the capabilities of the 
     Islamic State of Iraq and Syria to operate effectively in 
     countries such as the Philippines, Indonesia, and Malaysia.
       (5) A description of the capabilities and resources of 
     governments of countries in Southeast Asia to counter violent 
     extremist groups.
       (6) A list of additional United States resources and 
     capabilities that the Department of Defense recommends 
     providing governments in Southeast Asia to combat violent 
     extremist groups.
       (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.
                                 ______
                                 
  SA 559. Mr. GARDNER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   DEPARTMENT OF DEFENSE CRITICAL 
                   TELECOMMUNICATIONS EQUIPMENT OR SERVICES 
                   OBTAINED FROM SUPPLIERS CLOSELY LINKED TO A 
                   LEADING CYBER-THREAT ACTOR.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the congressional defense 
     committees a report on any critical telecommunications 
     equipment, technologies, or services obtained or used by the 
     Department of Defense or its contractors or subcontrators 
     that is--
       (1) manufactured by a foreign supplier, or a contractor or 
     subcontractor of such supplier, that is closely linked to a 
     leading cyber-threat actor; or
       (2) from an entity that incorporates or utilizes 
     information technology manufactured by a foreign supplier, or 
     a contractor or subcontractor of such supplier, that is 
     closely linked to a leading cyber-threat actor.
       (b) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
       (c) Definitions.--In this section:
       (1) The term ``leading cyber-threat actor'' means a country 
     identified as a leading threat actor in cyberspace in the 
     report entitled ``Worldwide Threat Assessment of the US 
     Intelligence Community'', dated May 11, 2017, and includes 
     the People's Republic of China, the Islamic Republic of Iran, 
     the Democratic People's Republic of Korea, and the Russian 
     Federation.
       (2) The term ``closely linked'', with respect to a foreign 
     supplier, contractor, or subcontrator and a leading cyber-
     threat actor, means the foreign supplier, contractor, or 
     subcontractor--
       (A) has ties to the military forces of such actor;
       (B) has ties to the intelligence services of such actor;
       (C) is the beneficiary of significant low interest or no-
     interest loans, loan forgiveness, or other support of such 
     actor; or
       (D) is incorporated or headquartered in the territory of 
     such actor.
                                 ______
                                 
  SA 560. Mr. GARDNER (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON PLANS RELATED TO DIVESTMENT OR TRANSFER OF 
                   C-21 AIRCRAFT.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     that includes the elements described in subsection (b).
       (b) Elements.--The report under subsection (a) shall 
     include the following elements, reported by total cost and 
     cost by fiscal year, with a detailed description and a 
     justification:
       (1) Whether the Air Force plans to modernize and 
     recapitalize the operational support airlift fleet, including 
     the C-21 fleet.
       (2) Whether the Air Force has a C-21 consolidation plan, 
     and if so, what cost savings the Air Force hopes to achieve, 
     if any.
       (3) Whether the Air Force has a C-21 divestment plan, and 
     if so, what cost savings the Air Force hopes to achieve, if 
     any.
       (4) How the Air Force plans to continue to meet operational 
     support airlift requirements, including support of United 
     States Central Command and United States Transportation 
     Command Joint Operational Airlift Center requirements.
       (5) How the Air Force plans to fully utilize the reserve 
     components to meet operational support and executive airlift 
     requirements, especially given the pilot shortage.
       (6) How the Air Force incorporates pilot training costs 
     into its budget analysis for the transfer or divestment of 
     reserve component aircraft and pilots.
       (7) Whether any analysis has been conducted to identify 
     geographical areas that have an underutilized reserve 
     component pilot population.
       (8) How the Air Force plans to maintain quality of life and 
     predictability for reserve component pilots, including if 
     consideration

[[Page S4535]]

     has been given to the location of commercial airline 
     domiciles in relation to reserve component basing decisions.
                                 ______
                                 
  SA 561. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ROBOTIC SERVICING OF GEOSYNCHRONOUS SATELLITES 
                   DEVELOPMENT PROGRAM ACCOUNTABILITY MATRICES.

       (a) Submission of Matrices.--Concurrent with the submission 
     of the budget of the President to Congress under section 
     1105(a) of title 31, United States Code, for fiscal year 
     2019, the Director of the Defense Advanced Research Projects 
     Agency shall submit to the congressional defense committees 
     and the Comptroller General of the United States the matrices 
     described in subsection (b) relating to the Robotic Servicing 
     of Geosynchronous Satellites program.
       (b) Matrices Described.--The matrices described in this 
     subsection are the following:
       (1) Development goals.--A matrix that identifies, in six-
     month increments, key milestones, development events, and 
     specific performance goals for the Robotic Servicing of 
     Geosynchronous Satellites program, which shall be subdivided, 
     at a minimum, according to the following:
       (A) Technology readiness levels of major components and key 
     demonstration events.
       (B) Design maturity.
       (C) Software maturity.
       (D) Manufacturing readiness levels for critical 
     manufacturing operations and key demonstration events.
       (E) Manufacturing operations.
       (F) System verification and key flight test events.
       (G) Reliability.
       (2) Total cost.--A matrix expressing, in six-month 
     increments, the total cost to the Department of Defense and 
     all relevant United States Government agencies cost position 
     for the payload, operations software, payload integration, 
     and launch for the Robotic Servicing of Geosynchronous 
     Satellites program.
       (3) Spacecraft cots.--A matrix expressing, in six-month 
     increments, the total cost for Robotic Servicing of 
     Geosynchronous Satellites program spacecraft and relevant 
     subsystem completion, which shall be phased over the entire 
     development period and subdivided according to the costs of 
     the following:
       (A) Spacecraft.
       (B) Payload.
       (C) Mission systems.
       (D) Vehicle software.
       (E) Systems engineering.
       (F) Program management.
       (G) System test and evaluation.
       (H) Support and training systems.
       (I) Contract fee.
       (J) Engineering changes.
       (K) Direct mission support.
       (L) Launch.
       (M) Government testing.
       (c) Semiannual Update of Matrices.--
       (1) In general.--The Director shall submit to the 
     congressional defense committees and the Comptroller General 
     of the United States updates to the matrices described in 
     subsection (b)--
       (A) not later than 180 days after the date on which the 
     Director submits the matrices required by subsection (a);
       (B) concurrent with the submission of the budget of the 
     President to Congress under section 1105(a) of title 31, 
     United States Code, for fiscal year 2020 and each fiscal year 
     thereafter; and
       (C) not later than 180 days after each such submission.
       (2) Elements.--Each update submitted under paragraph (1) 
     shall detail progress made toward the goals identified in the 
     matrix described in subsection (b)(1) and provide updated 
     cost estimates.
       (3) Treatment of initial matrices as baseline.--The 
     matrices submitted pursuant to subsection (a) shall be 
     treated as the baseline for the full research, development, 
     test, and evaluation of the Robotic Servicing of 
     Geosynchronous Satellites program and through its launch and 
     demonstration for purposes of the updates submitted pursuant 
     to paragraph (1).
       (d) Assessment by Comptroller General of the United 
     States.--Not later than the date that is 45 days after the 
     date on which the Comptroller General of the United States 
     receives an update to a matrix under subsection (c)(1), the 
     Comptroller General shall review the sufficiency of the 
     matrix and submit to the congressional defense committees an 
     assessment of the matrix and an identification of cost, 
     schedule, or performance trends in the matrix.
       (e) Secretary of Defense Approval.--Following the 
     demonstration of the Robotic Servicing of Geosynchronous 
     Satellites spacecraft and its transition to a commercial 
     partner of the Defense Advanced Research Projects Agency, the 
     Secretary of Defense shall approve each commercial operation 
     of the spacecraft after--
       (1) taking into account--
       (A) available fuel for possible national security mission 
     requirements;
       (B) orbitology relative to possible national security 
     mission requirements; and
       (C) compliance with the Presidential Decision Directive on 
     National Space Policy; and
       (2) certifying to the congressional defense committees 
     that--
       (A) any commercial use does not conflict with possible 
     national security requirements; and
       (B) the requirements of this subsection have been met.
       (f) Secretary of Defense Study.--Concurrent with the 
     submission of the budget of the President 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 report on the technology 
     transfer of the robotic payload, operations software, and 
     corresponding systems of the Robotic Servicing of 
     Geosynchronous Satellites program to qualified satellite 
     manufacturers and satellite operators to increase the on-
     orbit highly advanced space robotics capabilities of entities 
     organized under the laws of the United States and available 
     to the Department of Defense.
                                 ______
                                 
  SA 562. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of section 3201, add the following:
       (b) Annual Report on Unfunded Priorities.--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(a) of title 31, United States Code, the Chairman 
     of the Defense Nuclear Facilities Safety Board shall submit 
     to the congressional defense committees a report on the 
     unfunded priorities of the Board.
       (c) Prohibition on Termination.--No action may be taken to 
     terminate the Board.
                                 ______
                                 
  SA 563. Mr. UDALL (for himself, Mr. Rounds, Mr. Heinrich, and Mrs. 
Murray) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES 
                   FOR MATERNITY LEAVE TAKEN BY MEMBERS OF THE 
                   RESERVE COMPONENTS.

       (a) Compensation.--Section 206(a) of title 37, United 
     States Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding the end the following new paragraph:
       ``(4) for each of 6 days in connection with the taking by 
     the member of a period of maternity leave.''.
       (b) Credit for Retired Pay Purposes.--
       (1) In general.--The period of maternity leave taken by a 
     member of the reserve components of the Armed Forces in 
     connection with the birth of a child shall count toward the 
     member's entitlement to retired pay, and in connection with 
     the years of service used in computing retired pay, under 
     chapter 1223 of title 10, United States Code, as 12 points.
       (2) Separate credit for each period of leave.--Separate 
     crediting of points shall accrue to a member pursuant to this 
     subsection for each period of maternity leave taken by the 
     member in connection with a childbirth event.
       (3) When credited.--Points credited a member for a period 
     of maternity leave pursuant to this subsection shall be 
     credited in the year in which the period of maternity leave 
     concerned commences.
       (4) Contribution of leave toward entitlement to retired 
     pay.--Section 12732(a)(2) of title 10, United States Code, is 
     amended by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Points at the rate of 12 a year for the taking of 
     maternity leave.''.
       (5) Computation of years of service for retired pay.--
     Section 12733 of such title is amended--
       (A) by redesignating paragraph (5) as paragraph (6); and
       (B) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) One day for each point credited to the person under 
     subparagraph (F) of section 12732(a)(2) of this title.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act, and shall apply with respect to 
     periods of maternity leave that commence on or after that 
     date.

[[Page S4536]]

  

                                 ______
                                 
  SA 564. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       On page 447, strike lines 16 through 18 and insert the 
     following:
       (4) Expediting security clearances for certain small 
     business employees.--Not later than 120 days after the date 
     of enactment of this Act, the Secretary of Defense and the 
     Administrator of the Small Business Administration shall 
     submit to Congress a plan for a process to expedite the 
     approval of security clearances for employees of small 
     business concerns (as defined in section 3 of the Small 
     Business Act (15 U.S.C. 632)) participating in the SBIR or 
     STTR program (as defined in section 9(e) of such Act (15 
     U.S.C. 638(e)).
       (5) Termination.--No briefing or report is required 
     pursuant to paragraph (2) or (3) after December 31, 2020.
                                 ______
                                 
  SA 565. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXCLUSION OF INDEPENDENT RESEARCH AND DEVELOPMENT 
                   EXPENSES FROM ANNUAL RECEIPTS.

       Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) 
     is amended by adding at the end the following:
       ``(10) Exclusion of independent research and development 
     expenses from receipts.--In determining the average annual 
     gross receipts of a small business concern, the 
     Administrator, at the request of the concern, may exclude 
     from consideration any expenses or expenditures for 
     independent research and development.''.
                                 ______
                                 
  SA 566. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. DISPOSAL OF REAL PROPERTY FOR VETERANS SUPPORT 
                   SERVICES.

       Section 550 of title 40, United States Code, is amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (D), by striking ``and'' at the end;
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) the Secretary of Veterans Affairs, for property 
     transferred under subsection (i) for veterans support 
     services.''; and
       (2) by adding at the end the following:
       ``(i) Property for Veterans Support Services.--
       ``(1) Assignment.--The Administrator, in the discretion of 
     the Administrator and under regulations that the 
     Administrator may prescribe, may assign to the Secretary of 
     Veterans Affairs for disposal surplus real property, 
     including buildings, fixtures, and equipment situated on the 
     property, that the Secretary recommends as needed for 
     veterans support services.
       ``(2) Sale or lease.--Subject to disapproval by the 
     Administrator by not later than 30 days after notice to the 
     Administrator by the Secretary of Veterans Affairs of a 
     proposed transfer, the Secretary may sell or lease property 
     assigned to the Secretary under paragraph (1) for use for 
     veterans support services.
       ``(3) Fixing value.--In fixing the sale or lease value of 
     the property disposed of under paragraph (2), the Secretary 
     of Veterans Affairs shall take into consideration any benefit 
     that has accrued or may accrue to the Federal Government from 
     the use of the property by the entity receiving the 
     property.''.
                                 ______
                                 
  SA 567. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SIZE STANDARDS FOR SMALL BUSINESS CONCERNS.

       (a) Calculation on the Basis of Annual Average Gross 
     Receipts.--Section 3(a)(2)(C)(ii)(II) of the Small Business 
     Act (15 U.S.C. 632(a)(2)(C)(ii)(II)) is amended by striking 
     ``over a period of not less than 3 years'' and inserting ``, 
     which shall be calculated by using the 3 lowest annual 
     average gross receipts of the business concern during the 
     preceding 5-year period''.
       (b) Regulations.--Not later than 18 months after the date 
     of enactment of this Act, the Administrator of the Small 
     Business Administration shall promulgate regulations as 
     necessary to implement the amendment made by subsection (a).
                                 ______
                                 
  SA 568. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HANDLERS 
                   OF MILITARY WORKING DOGS AND MILITARY WORKING 
                   DOGS.

       (a) Program of Award Required.--Each Secretary of a 
     military department shall carry out a program to provide for 
     the award of one or more medals or other commendations to 
     handlers of military working dogs, and to military working 
     dogs, under the jurisdiction of such Secretary to recognize 
     valor or meritorious achievement by such handlers and dogs.
       (b) Medal and Commendations.--Any medal or commendation 
     awarded pursuant to a program under subsection (a) shall be 
     of such design, and include such elements, as the Secretary 
     of the military department concerned shall specify.
       (c) Regulations.--Medals and commendations shall be awarded 
     under programs under subsection (a) in accordance with 
     regulations prescribed by the Secretary of Defense for 
     purposes of this section.
                                 ______
                                 
  SA 569. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. REPORT ON USE OF SECOND-DESTINATION TRANSPORTATION 
                   TO TRANSPORT FRESH FRUIT AND VEGETABLES TO 
                   COMMISSARIES IN THE ASIA-PACIFIC REGION.

       (a) Report Required.--In accordance with the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328) and recommendations in the report of the Inspector 
     General of the Department of Defense dated February 28, 2017, 
     regarding Pacific Fresh Fruits and Vegetables (FFV), the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report setting forth the following:
       (1) A description of the costs of using second-destination 
     transportation (SDT) to transport fresh fruit and vegetables 
     to commissaries in Asia and the Pacific in each of fiscal 
     years 2015 through 2017.
       (2) Recommendations for innovative, locally-sourced 
     alternatives to use of second-destination transportation in 
     order to supply fresh fruit and vegetables to commissaries in 
     Asia and the Pacific.
       (b) Submittal Date.--The report required by subsection (a) 
     shall be submitted not later than 120 days after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 570. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY 
                   CONSUMER.

       The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is 
     amended--
       (1) in section 605 (15 U.S.C. 1681c), by adding at the end 
     the following:
       ``(i) Notice of Status as an Active Duty Military 
     Consumer.--
       ``(1) In general.--With respect to an item of adverse 
     information about a consumer that arises from the failure of 
     the consumer to make any required payment on a debt or other 
     obligation, if the action or inaction

[[Page S4537]]

     that gave rise to the item occurred while the consumer was an 
     active duty military consumer--
       ``(A) the consumer may provide appropriate proof, including 
     official orders, to a consumer reporting agency that the 
     consumer was an active duty military consumer at the time 
     such action or inaction occurred; and
       ``(B) any consumer report provided by the consumer 
     reporting agency that includes the item shall clearly and 
     conspicuously disclose that the consumer was an active duty 
     military consumer when the action or inaction that gave rise 
     to the item occurred.
       ``(2) Model form.--The Bureau shall prepare a model form, 
     which shall be made publicly available, including in an 
     electronic format, by which a consumer may--
       ``(A) notify, and provide appropriate proof to, a consumer 
     reporting agency in a simple and easy manner, including 
     electronically, that the consumer is or was an active duty 
     military consumer; and
       ``(B) provide contact information of the consumer for the 
     purpose of communicating with the consumer while the consumer 
     is an active duty military consumer.
       ``(3) No adverse consequences.--Notice, whether provided by 
     the model form described in paragraph (2) or otherwise, that 
     a consumer is or was an active duty military consumer may not 
     provide the sole basis for--
       ``(A) with respect to a credit transaction between the 
     consumer and a creditor, a creditor--
       ``(i) denying an application of credit submitted by the 
     consumer;
       ``(ii) revoking an offer of credit made to the consumer by 
     the creditor;
       ``(iii) changing the terms of an existing credit 
     arrangement with the consumer; or
       ``(iv) refusing to grant credit to the consumer in a 
     substantially similar amount or on substantially similar 
     terms requested by the consumer;
       ``(B) furnishing negative information relating to the 
     creditworthiness of the consumer by or to a consumer 
     reporting agency; or
       ``(C) except as otherwise provided in this title, a 
     creditor or consumer reporting agency noting in the file of 
     the consumer that the consumer is or was an active duty 
     military consumer.'';
       (2) in section 605A (15 U.S.C. 1681c-1)--
       (A) in subsection (c)--
       (i) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and adjusting 
     the margins accordingly;
       (ii) in the matter preceding subparagraph (A), as so 
     redesignated, by striking ``Upon'' and inserting the 
     following:
       ``(1) In general.--Upon''; and
       (iii) by adding at the end the following:
       ``(2) Negative information notification.--If a consumer 
     reporting agency receives an item of adverse information 
     about a consumer who has provided appropriate proof that the 
     consumer is an active duty military consumer, the consumer 
     reporting agency shall promptly notify the consumer, with a 
     frequency, in a manner, and according to a timeline 
     determined by the Bureau or specified by the consumer--
       ``(A) that the consumer reporting agency has received the 
     item of adverse information, along with a description of the 
     item; and
       ``(B) the method by which the consumer may dispute the 
     validity of the item.
       ``(3) Contact information for active duty military 
     consumers.--
       ``(A) In general.--If a consumer who has provided 
     appropriate proof to a consumer reporting agency that the 
     consumer is an active duty military consumer provides the 
     consumer reporting agency with contact information for the 
     purpose of communicating with the consumer while the consumer 
     is an active duty military consumer, the consumer reporting 
     agency shall use that contact information for all 
     communications with the consumer while the consumer is an 
     active duty military consumer.
       ``(B) Direct request.--Unless the consumer directs 
     otherwise, the provision of contact information by the 
     consumer under subparagraph (A) shall be deemed to be a 
     request for the consumer to receive an active duty alert 
     under paragraph (1).
       ``(4) Sense of congress.--It is the sense of Congress that 
     any person making use of a consumer report that contains an 
     item of adverse information with respect to a consumer 
     should, if the action or inaction that gave rise to the item 
     occurred while the consumer was an active duty military 
     consumer, take that fact into account when evaluating the 
     creditworthiness of the consumer.''; and
       (B) in subsection (e), by striking paragraph (3) and 
     inserting the following:
       ``(3) subparagraphs (A) and (B) of subsection (c)(1), in 
     the case of a referral under subsection (c)(1)(C).''; and
       (3) in section 611(a)(1) (15 U.S.C. 1681i(a)(1)), by adding 
     at the end the following:
       ``(D) Notice of dispute related to active duty military 
     consumers.--With respect to an item of information described 
     under subparagraph (A) that is under dispute, if the consumer 
     to whom the item relates has notified the consumer reporting 
     agency conducting the investigation described in that 
     subparagraph, and has provided appropriate proof, that the 
     consumer was an active duty military consumer at the time the 
     action or inaction that gave rise to the disputed item 
     occurred, the consumer reporting agency shall--
       ``(i) include that fact in the file of the consumer; and
       ``(ii) indicate that fact in each consumer report that 
     includes the disputed item.''.
                                 ______
                                 
  SA 571. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ____. CERTAIN SERVICE DEEMED TO BE ACTIVE MILITARY 
                   SERVICE FOR PURPOSES OF LAWS ADMINISTERED BY 
                   THE SECRETARY OF VETERANS AFFAIRS.

       (a) In General.--For purposes of section 401(a)(1)(A) of 
     the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 
     U.S.C. 106 note), the Secretary of Defense is deemed to have 
     determined that qualified service of an individual 
     constituted active military service.
       (b) Determination of Discharge Status.--
       (1) In general.--The Secretary of Defense shall issue an 
     honorable discharge under section 401(a)(1)(B) of the GI Bill 
     Improvement Act of 1977 to each person whose qualified 
     service warrants an honorable discharge.
       (2) Timing.--A discharge under paragraph (1) shall be 
     issued before the end of the one-year period beginning on the 
     date of the enactment of this Act.
       (c) Prohibition of Retroactive Benefits.--No benefits may 
     be paid to any individual as a result of the enactment of 
     this section for any period before the date of the enactment 
     of this Act.
       (d) Qualified Service Defined.--In this section, the term 
     ``qualified service'' means service of an individual as a 
     member of the organization known as the United States Cadet 
     Nurse Corps during the period beginning on July 1, 1943, and 
     ending on December 15, 1945.
                                 ______
                                 
  SA 572. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR 
                   CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES 
                   PUERTO RICO AND THE MUNICIPALITY OF VIEQUES.

       (a) In General.--An individual shall be awarded monetary 
     compensation for a claim made under this section if such 
     individual--
       (1) can demonstrate that he or she was a resident on the 
     island of Vieques, Puerto Rico, during or after the use by 
     the United States Government of the island for military 
     readiness;
       (2) files a claim not later than 30 days after the date of 
     the enactment of this Act against the United States 
     Government for personal injury, including illness or death 
     arising from use by the United States Government of the 
     island of Vieques for military readiness; and
       (3) submits to the court written medical documentation that 
     the individual contracted a chronic, life threatening, or 
     heavy metal disease or illness, including cancer, 
     hypertension, cirrhosis, and diabetes while the United States 
     Government used the island of Vieques, Puerto Rico for 
     military readiness.
       (b) Appointment of Special Master.--
       (1) In general.--The Secretary of the Treasury shall 
     appoint a Special Master to consider claims described in 
     paragraph (2).
       (2) Amounts of award.--The amounts described in this 
     paragraph are as follows:
       (A) $50,000 for 1 disease described in paragraph (1)(B);
       (B) $80,000 for 2 diseases described in paragraph (1)(B); 
     and
       (C) $110,000 for 3 or more diseases described in paragraph 
     (1)(B).
       (c) Award Amounts Related to Claims by the Municipality of 
     Vieques.--
       (1) Award.--The Special Master shall provide to the 
     Municipality of Vieques the following for a claim described 
     in subsection (b)(2):
       (A) An academic partner, with appropriate experience and an 
     established relationship with the Municipality of Vieques, 
     which shall--
       (i) lead a research and outreach endeavor on behalf of the 
     Municipality of Vieques;
       (ii) select the appropriate scientific expertise and 
     administer defined studies, conducting testing and evaluation 
     of the soils, seas, plant and animal food sources and human 
     health situation;
       (iii) determine the most efficient and effective way to 
     reduce the environmental toxins to a level sufficient to 
     return the soils, seas, food sources and health circumstances 
     to a

[[Page S4538]]

     level that reduces the diseases on Vieques to the average in 
     the United States.
       (B) The past research from universities, colleges, 
     scientists, and doctors who have tested and evaluated the 
     prevalence of toxic substances in the soil, food sources, and 
     human populations.
       (C) A medical coordinator and staff to upgrade the medical 
     facility and its equipment to a level to treat life 
     threatening, chronic, and heavy metal diseases, including 
     cancer, hypertension, cirrhosis, diabetes.
       (D) Compensation to create and fund a medical home to 
     provide medical care for pediatric and adult patients, 
     allowing the patients to be referred for tertiary and 
     quaternary health care facilities when necessary, and 
     providing the transportation and medical costs when traveling 
     off the island of Vieques, until such time as the disease 
     levels are reduced to the average in the United States.
       (E) Amounts necessary for the academic partner and medical 
     coordinator to carry out the duties described in 
     subparagraphs (A) through (D).
       (F) Amounts necessary to compensate the Municipality of 
     Vieques for--
       (i) contractual procurement obligations and additional 
     expenses incurred by the Municipality as a result of the 
     enactment of this section; and
       (ii) any other damages and costs to be incurred by the 
     Municipality, if the Special Master determines that it is 
     necessary to carry out the purpose of this section.
       (2) Source.--Amounts awarded under this subsection shall be 
     made from amounts appropriated under section 1304 of title 
     31, United States Code.
       (3) Determination and payment of claims.--
       (A) Establishment of filing procedures.--The Secretary of 
     the Treasury shall establish procedures whereby individuals 
     may submit claims for payments under this section to the 
     Special Master.
       (B) Determination of claims.--The Special Master shall, in 
     accordance with this subsection, determine whether each claim 
     meets the requirements of this section. Claims already 
     disposed of by a court under chapter 171 of title 28, United 
     States Code, shall be treated as if they are currently filed.
       (d) Action on Claims.--The Special Master shall complete a 
     determination on any claim filed under the procedures 
     established under this section not later than 150 days after 
     the date on which the claim is filed.
       (e) Payment in Full Settlement of Claims by Individuals and 
     the Municipality of Vieques Against the United States.--The 
     acceptance by an individual or the Municipality of Vieques a 
     payment of an award under this section shall--
       (1) be final and conclusive;
       (2) be deemed to be in full satisfaction of the claim 
     described in subsection (a)(2); and
       (3) constitute a complete release by the individual of such 
     claim against the United States and against any employee of 
     the United States acting in the scope of employment who is 
     involved in the matter giving rise to the claim.
       (f) Administrative Costs.--No costs incurred by the 
     Secretary of the Treasury, or a designee of the Secretary, 
     not including attorney's fees, in carrying out this section 
     shall be paid from amounts appropriated under section 1304 of 
     title 31, United States Code, or set off against, or 
     otherwise deducted from, any payment under this section to 
     any individual.
       (g) Certification of Treatment of Payments Under Other 
     Laws.--Amounts paid to an individual under this section--
       (1) shall be treated for purposes of the laws of the United 
     States as damages for human suffering; and
       (2) shall not be included as income or resources for 
     purposes of determining eligibility to receive benefits 
     described in section 3803(c)(2)(C) of title 31, United States 
     Code, or the amount of such benefits.
       (h) Nonassignability of Claims.--No claim cognizable under 
     this section shall be assignable or transferable.
       (i) Limitation.--A claim to which this section applies 
     shall be barred unless the claim is filed within 20 years 
     after the date of the enactment of this Act.
       (j) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of the Treasury may 
     promulgated regulations to carry out this section.
       (k) Use of Existing Resources.--The Secretary of the 
     Treasury should use funds or resources available to the 
     Secretary to carry out the functions under this section.
                                 ______
                                 
  SA 573. Mr. DONNELLY (for himself and Mr. Young) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. 1088. INTERAGENCY REPORT ON MENTAL HEALTH PRACTICES AND 
                   SERVICES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Attorney General shall submit 
     to Congress, in consultation with the Secretary of Defense 
     and the Secretary of Veterans Affairs, a report on mental 
     health practices and services of the Department of Defense 
     and the Department of Veterans Affairs that could be adopted 
     by Federal, State, local, and tribal law enforcement 
     agencies.
       (b) Public Availability.--The Attorney General shall make 
     the report submitted under subsection (a) available to the 
     public.
                                 ______
                                 
  SA 574. Ms. HEITKAMP (for herself and Mr. Sullivan) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXPANSION OF SKILLBRIDGE INITIATIVE TO INCLUDE 
                   PARTICIPATION BY FEDERAL AGENCIES.

       (a) Modification of Initiative by Secretary of Defense.--
     The Secretary of Defense, in consultation with the Director 
     of the Office of Personnel Management, shall make such 
     modifications to the SkillBridge initiative of the Department 
     of Defense as the Secretary considers appropriate to enable 
     Federal agencies to participate in the initiative as 
     employers and trainers, including the provision of training 
     by Federal agencies under the initiative to transitioning 
     members of the Armed Forces.
       (b) Participation by Federal Agencies.--The Director, in 
     consultation with the Secretary, shall take such actions as 
     may be necessary to ensure that each Federal agency 
     participates in the SkillBridge initiative of the Department 
     of Defense as described in subsection (a).
       (c) Transitioning Members of the Armed Forces Defined.--In 
     this section, the term ``transitioning member of the Armed 
     Forces'' means a member of the Armed Forces who is expected 
     to be discharged or released from active duty in the Armed 
     Forces not more than 180 days after the member commences 
     training under the SkillBridge initiative.
                                 ______
                                 
  SA 575. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle __ of title __, add the following:

     SEC. ___. PROTECTING CRITICAL INFRASTRUCTURE AGAINST CYBER 
                   ATTACKS FROM FOREIGN GOVERNMENTS.

       (a) Findings.--Congress finds the following:
       (1) Authoritative evidence and testimony to Congress 
     indicate that the United States Government cannot prevent 
     cyber attacks by determined and capable adversaries from 
     reaching critical infrastructure in the United States and 
     that, absent major efforts to identify and eliminate 
     vulnerabilities in the most critical nodes of the most 
     critical infrastructure, such attacks would succeed in 
     causing unacceptable damage to the United States.
       (2) To secure the United States against cyber attacks, it 
     is necessary to develop deterrence capabilities through a 
     combination of offensive cyber attack means and greater 
     survivability, resilience, and recovery capabilities in the 
     critical infrastructure of the United States.
       (3) Defense of the United States against cyber attacks from 
     foreign adversaries, including foreign governments, is a 
     responsibility of the Federal Government.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Federal Government should provide funding in a 
     collaborative effort with the owners of the most critical 
     infrastructure to identify vulnerabilities to cyber attacks 
     in the most critical nodes and develop solutions either 
     through alternative equipment and practices, or by assured 
     redundancy and recovery capabilities; and
       (2) Government funding should also help cover the cost of 
     any inefficiencies caused by changes in equipment, practices, 
     or recovery capabilities to protect critical infrastructure 
     against cyber attacks from foreign governments.
       (c) Analysis and Solution Designs.--The President shall--
       (1) conduct an analysis of cyber vulnerabilities in the 
     most critical nodes of the most critical infrastructure; and
       (2) design solutions to eliminate such vulnerabilities.
       (d) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on the vulnerabilities identified under 
     paragraph (1) of subsection (c) and the solutions designed 
     under paragraph (2) of such subsection.

[[Page S4539]]

       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the vulnerabilities identified under 
     paragraph (1) of subsection (c).
       (B) A description of the solutions designed under paragraph 
     (2) of such subsection.
       (C) A strategy for working with owners of relevant critical 
     infrastructure to eliminate vulnerabilities identified under 
     subsection (c)(1).
       (D) An estimate of the cost of carrying out the strategy 
     included under subparagraph (C) and a schedule to implement 
     such strategy.
       (e) Consideration of Investments Required.--The President 
     shall consider the investments required to correct the 
     vulnerabilities identified under subsection (c)(1) whenever 
     developing plans and proposals for national infrastructure 
     investment that the President submits to Congress.
                                 ______
                                 
  SA 576. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. OFFICE OF THE COORDINATOR FOR CYBER ISSUES.

       (a) Office of the Coordinator for Cyber Issues.--Section 1 
     of the State Department Basic Authorities Act of 1956 (22 
     U.S.C. 2651a) is amended by adding at the end the following 
     new subsection:
       ``(h) Office of the Coordinator for Cyber Issues.--
       ``(1) Establishment.--There is established within the 
     Department of State the Office of the Coordinator for Cyber 
     Issues.
       ``(2) Coordinator for cyber issues.--The head of the Office 
     shall be the Coordinator for Cyber Issues, who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate. The Coordinator shall report directly 
     to the Secretary of State.
       ``(3) Duties.--The Coordinator shall perform the following 
     duties:
       ``(A) Coordinating the Department of State's global 
     diplomatic engagement on cyber issues.
       ``(B) Serving as the Department's liaison to the President 
     and Federal departments and agencies on these issues.
       ``(C) Advising the Secretary of State and Deputy 
     Secretaries of State on cyber issues and engagements.
       ``(D) Acting as liaison to public and private sector 
     entities on cyber issues.
       ``(E) Coordinating the work of regional and functional 
     bureaus within the Department engaged in these areas.
       ``(4) Rank and status of ambassador.--The Coordinator shall 
     have the rank and status of Ambassador at Large.''.
       (b) Report on Development of Framework on Voluntary Norms 
     and Confidence Building Measures Related to Cyber Issues.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on efforts to establish a coalition of states in 
     support of a framework on voluntary norms and confidence 
     building measures related to cyber issues, including a 
     description of any alternative frameworks by other countries 
     or international organizations.
                                 ______
                                 
  SA 577. Ms. BALDWIN submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. __. CREDIT TOWARD COMPUTATION OF YEARS OF SERVICE FOR 
                   NONREGULAR SERVICE RETIRED PAY UPON COMPLETION 
                   OF REMOTELY DELIVERED MILITARY EDUCATION OR 
                   TRAINING.

       (a) In General.--Section 12732(a)(2) of title 10, United 
     States Code, is amended--
       (1) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Such points as the Secretary concerned determines to 
     be appropriate for successful completion of a course of 
     instruction using electronically delivered methodologies to 
     accomplish military education or training, unless the 
     education or training is performed while in a status for 
     which credit is provided under another subparagraph of this 
     paragraph.''; and
       (2) by striking ``and (E)'' in the last sentence and 
     inserting ``(E), and (F)''.
       (b) Maximum Number of Points Per Service Year.--Section 
     12733(3) of such title is amended by striking ``or (D)'' and 
     inserting ``(D), or (F)''.
                                 ______
                                 
  SA 578. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PLAN TO ENHANCE THE EXTENDED DETERRENCE AND 
                   ASSURANCE CAPABILITIES OF THE UNITED STATES IN 
                   THE ASIA-PACIFIC REGION.

       (a) Finding.--Congress recognizes that North Korea's first 
     successful test of an intercontinental ballistic missile 
     (ICBM) constitutes a grave and imminent threat to United 
     States security and to the security of United States allies 
     and partners in the Asia-Pacific region.
       (b) Plan.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Commander of the United States Pacific 
     Command and the Commander of the United States Strategic 
     Command, shall submit to the congressional defense committees 
     a plan to enhance the extended deterrence and assurance 
     capabilities of the United States in the Asia-Pacific region.
       (c) Matters To Be Included.--Such plan shall include 
     consideration of actions that will enhance United States 
     security by strengthening deterrence of North Korean 
     aggression and providing increased assurance to United States 
     allies in the Asia-Pacific region, including the following:
       (1) Increased visible presence of key United States 
     military assets, such as missile defenses, long-range strike 
     assets, and intermediate-range strike assets to the region.
       (2) Increased military cooperation, exercises, and 
     integration of defenses with allies in the region.
       (3) Development and deployment of ground-based 
     intermediate-range missiles, whether by allies or by the 
     United States, if the United States were no longer bound by 
     the limitations of the INF Treaty.
       (4) Increased foreign military sales to allies in the 
     region.
       (5) Planning for, exercising, or deploying dual-capable 
     aircraft to the region.
       (6) Any necessary modifications to the United States 
     nuclear force posture, including re-deployment of submarine-
     launched nuclear cruise missiles to the region.
       (7) Such other actions the Secretary considers appropriate 
     to strengthen extended deterrence and assurance in the 
     region.
       (d) Form.--Such plan shall be submitted in unclassified 
     form, but may contain a classified annex.
       (e) INF Treaty Defined.--In this section, the term ``INF 
     Treaty'' means the Treaty between the United States of 
     America and the Union of Soviet Socialist Republics on the 
     Elimination of Their Intermediate-Range and Shorter-Range 
     Missiles, signed at Washington December 8, 1987, and entered 
     into force June 1, 1988.
                                 ______
                                 
  SA 579. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. __. ANNUAL REPORT ON NAVY ACTIVITIES TO IMPLEMENT THE 
                   REGIONAL BIOSECURITY PLAN FOR MICRONESIA AND 
                   HAWAII.

       (a) Annual Report Required.--The Secretary of the Navy 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives each year, at the 
     time the budget of the President for the fiscal year 
     beginning in such year is submitted to Congress under section 
     1105(a) of title 31, United States Code, a report on the 
     activities of the Department of the Navy to implement the 
     Regional Biosecurity Plan for Micronesia and Hawaii (RBP).
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) A description of Department of the Navy activities to 
     implement the Regional Biosecurity Plan for Micronesia and 
     Hawaii during the previous fiscal year.
       (2) A description of the activities planned to be 
     undertaken by the Department during the fiscal year beginning 
     in the year of such report to implement the Regional 
     Biosecurity Plan for Micronesia and Hawaii, including the 
     funding required during such fiscal year for such activities.
       (c) Regional Biosecurity Plan for Micronesia and Hawaii 
     Defined.--In this section, the term ``Regional Biosecurity 
     Plan for Micronesia and Hawaii'' means the strategic plan 
     developed jointly by the Department of Navy and other Federal 
     and non-Federal entities to prevent the introduction of 
     invasive species to the United States Pacific region and to 
     control such species in that region.
                                 ______
                                 
  SA 580. Ms. HIRONO submitted an amendment intended to be proposed by

[[Page S4540]]

her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON APPLICATION OF HIRING FREEZES AT 
                   DEPARTMENT OF DEFENSE INDUSTRIAL BASE 
                   FACILITIES.

       (a) Definition.--In this section, the term ``depot-level 
     maintenance and repair'' has the meaning given the term in 
     section 2460 of title 10, United States Code.
       (b) Prohibition.--No memorandum, Executive order, or other 
     action by the President to prevent a Federal department or 
     agency from appointing an individual to a vacant Federal 
     civilian employee position, or creating a new Federal 
     civilian employee position, shall have any force or effect 
     with respect to any civilian employee position in the 
     Department of Defense at, or in support of, any facility--
       (1) at which depot-level maintenance and repair is carried 
     out; or
       (2) that is designated under section 2474 of title 10, 
     United States Code, as a Center of Industrial and Technical 
     Excellence.
                                 ______
                                 
  SA 581. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. ISSUANCE OF CONSOLIDATED PREGNANCY AND PARENTHOOD 
                   INSTRUCTION FOR MEMBERS OF THE ARMED FORCES.

       The Secretary of Defense shall ensure that each military 
     department issues a single, consolidated instruction that 
     addresses the decisions, actions, and requirements for 
     members of the Armed Forces relating to pregnancy, the 
     postpartum period, and parenthood.
                                 ______
                                 
  SA 582. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS 
                   RELATING TO CONSIDERATION OF POST-TRAUMATIC 
                   STRESS DISORDER AND TRAUMATIC BRAIN INJURY IN 
                   MISCONDUCT SEPARATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the 
     implementation by the Department of Defense of the 
     recommendations from the Government Accountability Office 
     report entitled ``Actions Needed to Ensure Post-Traumatic 
     Stress Disorder and Traumatic Brain Injury Are Considered in 
     Misconduct Separations'' and published on May 16, 2017.
                                 ______
                                 
  SA 583. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. __. SENSE OF CONGRESS REGARDING PACIFIC WAR MEMORIAL.

       (a) Finding.--Congress recognizes that, as of the date of 
     the enactment of this Act, there is no memorial that 
     specifically honors the members of the Armed Forces of the 
     United States who served in the Pacific Theater of World War 
     II, also known as the Pacific War.
       (b) Sense of Congress.--It is the sense of Congress that a 
     Pacific War memorial should be established at a suitable 
     location at or near the Pearl Harbor site of the World War II 
     Valor in the Pacific National Monument in Honolulu, Hawaii.
                                 ______
                                 
  SA 584. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. ENHANCEMENT OF CYBER CAPABILITIES OF UNITED STATES 
                   ALLIES AND PARTNERS IN THE NORTH ATLANTIC 
                   TREATY ORGANIZATION.

       (a) Findings.--Congress makes the following findings:
       (1) The North Atlantic Treaty Organization (commonly known 
     as ``NATO'') remains a critical alliance for the United 
     States and a cost-effective, flexible means of providing 
     security to the most important allies of the United States.
       (2) The regime of Russian President Vladimir Putin is 
     actively working to erode democratic systems of NATO member 
     states, including the United States.
       (3) According to the report of the Office of the Director 
     of National Intelligence dated January 6, 2017, on the 
     Russian Federation's hack of the United States presidential 
     election: ``Russian efforts to influence the 2016 
     presidential election represent the most recent expression of 
     Moscow's longstanding desire to undermine the US-led liberal 
     democratic order.''.
       (4) As recently as May 4, 2017, the press reported a 
     massive cyber hack of French President Emmanuel Macron's 
     campaign, likely attributable to Russian actors.
       (5) It is in the core interests of the United States to 
     enhance the offensive and defensive cyber capabilities of 
     NATO member states to deter and defend against Russian cyber 
     and influence operations.
       (6) Enhanced offensive cyber capabilities would enable the 
     United States to demonstrate strength and deter the Russian 
     Federation from threatening NATO, while reassuring allies, 
     without a provocative buildup of conventional military 
     forces.
       (b) Sense of Congress on Cyber Strategy of the Department 
     of Defense.--It is the sense of Congress that--
       (1) the Secretary of Defense should update the cyber 
     strategy of the Department of Defense (as that strategy is 
     described in the Department of Defense document titled ``The 
     Department of Defense Cyber Strategy'' dated April 15, 2015); 
     and
       (2) in updating the cyber strategy of the Department, the 
     Secretary should--
       (A) specifically develop an offensive cyber strategy that 
     includes plans for the offensive use of cyber capabilities, 
     including computer network exploitation and computer network 
     attacks, to thwart air, land, or sea attacks by the regime of 
     Russia President Vladimir Putin and other adversaries;
       (B) provide guidance on integrating offensive tools into 
     the cyber arsenal of the Department; and
       (C) assist North Atlantic Treaty Organization partners, 
     through the North Atlantic Treaty Organization Cooperative 
     Cyber Center of Excellence and other entities, in developing 
     offensive cyber capabilities.
       (c) Strategy for Offensive Use of Cyber Capabilities.--
       (1) Strategy required.--The President shall develop a 
     written strategy for the offensive use of cyber capabilities 
     by departments and agencies of the United States Government.
       (2) Elements.--The strategy developed under paragraph (1) 
     shall include, at minimum--
       (A) a description of enhancements that are needed to 
     improve the offensive cyber capabilities of the United States 
     and partner nations, including North Atlantic Treaty 
     Organization member states; and
       (B) a statement of principles concerning the appropriate 
     deployment of offensive cyber capabilities.
       (3) Submittal to congress.--Not later than 180 days after 
     the date of the enactment of this Act, the President shall 
     submit to the congressional defense committees the strategy 
     developed under paragraph (1).
       (4) Form of submittal.--The strategy submitted under 
     paragraph (1) may be submitted in classified form.
       (d) International Cooperation.--
       (1) Authority to provide technical assistance.--The 
     President, acting through the Secretary of Defense and with 
     the concurrence of the Secretary of State, is authorized to 
     provide technical assistance to North Atlantic Treaty 
     Organization member states to assist such states in 
     developing and enhancing offensive cyber capabilities.
       (2) Technical experts.--In providing technical assistance 
     under paragraph (1), the President, acting through the North 
     Atlantic Treaty Organization Cooperative Cyber Center of 
     Excellence, may detail technical experts in the field of 
     cyber operations to North Atlantic Treaty Organization member 
     states.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to preclude or limit the authorities of the 
     President or the Secretary of Defense to provide cyber-
     related assistance to foreign countries, including the 
     authority of the Secretary to provide such assistance under 
     section 333 of title 10, United States Code.
                                 ______
                                 
  SA 585. Mr. YOUNG submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department

[[Page S4541]]

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

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

     SEC. ___. LIMITATION ON SALE OR LICENSE FOR EXPORT OF DEFENSE 
                   ARTICLES TO SAUDI ARABIA.

       (a) In General.--The United States Government may not enter 
     into an agreement to sell or lease any defense article to the 
     Government of Saudi Arabia, and may not issue any license for 
     the export of a defense article to the Government of Saudi 
     Arabia pursuant to the Arms Export Control Act (22 U.S.C. 
     2751 et seq.), during fiscal year 2018 until 14 days after 
     the date on which the Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development, submits to the appropriate 
     committees of Congress and the Comptroller General of the 
     United States a certification described in subsection (b), 
     together with a detailed justification for the certification.
       (b) Certification Described.--A certification described in 
     this subsection is a certification as follows:
       (1) That the Government of Saudi Arabia is complying fully 
     with its obligations in Yemen under each of the following:
       (A) Customary international law rule 55.
       (B) Articles 14 and 18 of the Additional Protocol (II) to 
     the Geneva Conventions of August 12, 1949.
       (2) That the Government of Saudi Arabia is facilitating the 
     delivery and installation of cranes to the port of Hodeidah 
     that will expedite the delivery of humanitarian assistance.
       (c) Comptroller General Report.--Not later than 60 days 
     after the submittal of the certification described in 
     subsection (b), the Comptroller General shall submit to the 
     appropriate committees of Congress a report assessing whether 
     the conclusions in the certification are fully supported, and 
     the justification for the certification pursuant to 
     subsection (a) is sufficiently detailed, and identifying 
     whether any shortcomings, limitations, or other reportable 
     matters exist that affect the quality of the certification.
       (d) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (2) The term ``defense article'' has the meaning given that 
     term in section 47 of the Arms Export Control Act (22 U.S.C. 
     2794).
                                 ______
                                 
  SA 586. Mr. GRAHAM (for himself, Mr. Cassidy, and Mr. Heller) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1628, to provide for reconciliation pursuant to title II of the 
concurrent resolution on the budget for fiscal year 2017; which was 
ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

                                TITLE I

     SEC. 101. ELIMINATION OF LIMITATION ON RECAPTURE OF EXCESS 
                   ADVANCE PAYMENTS OF PREMIUM TAX CREDITS.

       Subparagraph (B) of section 36B(f)(2) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new clause:
       ``(iii) Nonapplicability of limitation.--This subparagraph 
     shall not apply to taxable years ending after December 31, 
     2017.''.

     SEC. 102. PREMIUM TAX CREDIT.

       (a) Premium Tax Credit.--
       (1) Modification of definition of qualified health plan.--
       (A) In general.--Section 36B(c)(3)(A) of the Internal 
     Revenue Code of 1986 is amended by inserting before the 
     period at the end the following: ``or a plan that includes 
     coverage for abortions (other than any abortion necessary to 
     save the life of the mother or any abortion with respect to a 
     pregnancy that is the result of an act of rape or incest)''.
       (B) Effective date.--The amendment made by this paragraph 
     shall apply to taxable years beginning after December 31, 
     2017.
       (2) Repeal.--
       (A) In general.--Subpart C of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     striking section 36B.
       (B) Effective date.--The amendment made by this paragraph 
     shall apply to taxable years beginning after December 31, 
     2019.
       (b) Repeal of Eligibility Determinations.--
       (1) In general.--The following sections of the Patient 
     Protection and Affordable Care Act are repealed:
       (A) Section 1411 (other than subsection (i), the last 
     sentence of subsection (e)(4)(A)(ii), and such provisions of 
     such section solely to the extent related to the application 
     of the last sentence of subsection (e)(4)(A)(ii)).
       (B) Section 1412.
       (2) Effective date.--The repeals in paragraph (1) shall 
     take effect on January 1, 2020.
       (c) Protecting Americans by Repeal of Disclosure Authority 
     To Carry Out Eligibility Requirements for Certain Programs.--
       (1) In general.--Paragraph (21) of section 6103(l) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(D) Termination.--No disclosure may be made under this 
     paragraph after December 31, 2019.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on January 1, 2020.

     SEC. 103. MODIFICATIONS TO SMALL BUSINESS TAX CREDIT.

       (a) Sunset.--
       (1) In general.--Section 45R of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(j) Shall Not Apply.--This section shall not apply with 
     respect to amounts paid or incurred in taxable years 
     beginning after December 31, 2019.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2019.
       (b) Disallowance of Small Employer Health Insurance Expense 
     Credit for Plan Which Includes Coverage for Abortion.--
       (1) In general.--Subsection (h) of section 45R of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``Any term'' and inserting the following:
       ``(1) In general.--Any term'', and
       (B) by adding at the end the following new paragraph:
       ``(2) Exclusion of health plans including coverage for 
     abortion.--The term `qualified health plan' does not include 
     any health plan that includes coverage for abortions (other 
     than any abortion necessary to save the life of the mother or 
     any abortion with respect to a pregnancy that is the result 
     of an act of rape or incest).''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 104. INDIVIDUAL MANDATE.

       (a) In General.--Section 5000A(c) of the Internal Revenue 
     Code of 1986 is amended--
       (1) in paragraph (2)(B)(iii), by striking ``2.5 percent'' 
     and inserting ``Zero percent'', and
       (2) in paragraph (3)--
       (A) by striking ``$695'' in subparagraph (A) and inserting 
     ``$0'', and
       (B) by striking subparagraph (D).
       (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2015.

     SEC. 105. EMPLOYER MANDATE.

       (a) In General.--
       (1) Paragraph (1) of section 4980H(c) of the Internal 
     Revenue Code of 1986 is amended by inserting ``($0 in the 
     case of months beginning after December 31, 2015)'' after 
     ``$2,000''.
       (2) Paragraph (1) of section 4980H(b) of the Internal 
     Revenue Code of 1986 is amended by inserting ``($0 in the 
     case of months beginning after December 31, 2015)'' after 
     ``$3,000''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2015.

     SEC. 106. SHORT TERM ASSISTANCE FOR STATES AND MARKET-BASED 
                   HEALTH CARE GRANT PROGRAM.

       (a) In General.--Section 2105 of the Social Security Act 
     (42 U.S.C. 1397ee) is amended by adding at the end the 
     following new subsections:
       ``(h) Short-term Assistance to Address Coverage and Access 
     Disruption and Provide Support for States.--
       ``(1) Appropriation.--There are authorized to be 
     appropriated, and are appropriated, out of monies in the 
     Treasury not otherwise obligated, $20,000,000,000 for each of 
     calendar years 2018 and 2019, and $15,000,000,000 for 
     calendar year 2020, to the Administrator of the Centers for 
     Medicare & Medicaid Services (in this subsection and 
     subsection (i) referred to as the `Administrator') to fund 
     arrangements with health insurance issuers to assist in the 
     purchase of health benefits coverage by addressing coverage 
     and access disruption and responding to urgent health care 
     needs within States. Funds appropriated under this paragraph 
     shall remain available until expended.
       ``(2) Participation requirements.--
       ``(A) Guidance.--Not later than 30 days after the date of 
     enactment of this subsection, the Administrator shall issue 
     guidance to health insurance issuers regarding how to submit 
     a notice of intent to participate in the program established 
     under this subsection.
       ``(B) Notice of intent to participate.--To be eligible for 
     funding under this subsection, a health insurance issuer 
     shall submit to the Administrator a notice of intent to 
     participate at such time (but, in the case of funding for 
     calendar year 2018, not later than 35 days after the date of 
     enactment of this subsection and, in the case of funding for 
     calendar year 2019, 2020, or 2021, not later than March 31 of 
     the previous year) and in such form and manner as specified 
     by the Administrator and containing--
       ``(i) a certification that the health insurance issuer will 
     use the funds in accordance with the requirements of 
     paragraph (5); and
       ``(ii) such information as the Administrator may require to 
     carry out this subsection.
       ``(3) Procedure for distribution of funds.--The 
     Administrator shall determine

[[Page S4542]]

     an appropriate procedure for providing and distributing funds 
     under this subsection.
       ``(4) Use of funds.--Funds provided to a health insurance 
     issuer under paragraph (1) shall be subject to the 
     requirements of paragraphs (1)(D) and (7) of subsection (i) 
     in the same manner as such requirements apply to States 
     receiving payments under subsection (i) and shall be used 
     only for the activities specified in paragraph (1)(A)(ii) of 
     subsection (i).
       ``(i) Market-based Health Care Grant Program.--
       ``(1) Application and certification requirements.--To be 
     eligible for an allotment of funds under this subsection, a 
     State shall submit to the Administrator an application, not 
     later than March 31, 2019, in the case of allotments for 
     calendar year 2020, and not later than March 31 of the 
     previous year, in the case of allotments for any subsequent 
     calendar year) and in such form and manner as specified by 
     the Administrator, that contains the following:
       ``(A) A description of how the funds will be used to do 1 
     or more of the following:
       ``(i) To establish or maintain a program or mechanism to 
     help high-risk individuals in the purchase of health benefits 
     coverage, including by reducing premium costs for such 
     individuals, who have or are projected to have a high rate of 
     utilization of health services, as measured by cost, and who 
     do not have access to health insurance coverage offered 
     through an employer, enroll in health insurance coverage 
     under a plan offered in the individual market (within the 
     meaning of section 5000A(f)(1)(C) of the Internal Revenue 
     Code of 1986).
       ``(ii) To establish or maintain a program to enter into 
     arrangements with health insurance issuers to assist in the 
     purchase of health benefits coverage by stabilizing premiums 
     and promoting State health insurance market participation and 
     choice in plans offered in the individual market (within the 
     meaning of section 5000A(f)(1)(C) of the Internal Revenue 
     Code of 1986).
       ``(iii) To provide payments for health care providers for 
     the provision of health care services, as specified by the 
     Administrator.
       ``(iv) To provide health insurance coverage by funding 
     assistance to reduce out-of-pocket costs, such as copayments, 
     coinsurance, and deductibles, of individuals enrolled in 
     plans offered in the individual market (within the meaning of 
     section 5000A(f)(1)(C) of the Internal Revenue Code of 1986).
       ``(v) To establish or maintain a program or mechanism to 
     help individuals purchase health benefits coverage, including 
     by reducing premium costs for plans offered in the individual 
     market (within the meaning of section 5000A(f)(1)(C) of the 
     Internal Revenue Code of 1986) for individuals who do not 
     have access to health insurance coverage offered through an 
     employer.
       ``(vi) Subject to paragraph (4)(B)(iii), to provide health 
     insurance coverage for individuals who are eligible for 
     medical assistance under a State plan under title XIX (but 
     are not described in section 1902(a)(10)(A)(ii)(XXIII)) by 
     establishing or maintaining relationships with health 
     insurance issuers to provide such coverage.
       ``(B) A certification that the State shall make, from non-
     Federal funds, expenditures for 1 or more of the activities 
     specified in subparagraph (A) in an amount that is not less 
     than the State percentage required for the year under 
     paragraph (5)(B)(ii).
       ``(C) A certification that the funds provided under this 
     subsection shall only be used for the activities specified in 
     subparagraph (A).
       ``(D) A certification that none of the funds provided under 
     this subsection shall be used by the State for an expenditure 
     that is attributable to an intergovernmental transfer, 
     certified public expenditure, or any other expenditure to 
     finance the non-Federal share of expenditures required under 
     any provision of law, including under the State plans 
     established under this title and title XIX or under a waiver 
     of such plans.
       ``(E) Such other information as necessary for the 
     Administrator to carry out this subsection.
       ``(2) Eligibility.--Only the 50 States and the District of 
     Columbia shall be eligible for an allotment and payments 
     under this subsection and all references in this subsection 
     to a State shall be treated as only referring to the 50 
     States and the District of Columbia.
       ``(3) One-time application.--If an application of a State 
     submitted under this subsection is approved by the 
     Administrator for a year, the application shall be deemed to 
     be approved by the Administrator for that year and each 
     subsequent year through December 31, 2026.
       ``(4) Market-based health care grant allotments.--
       ``(A) Appropriation.--For the purpose of providing 
     allotments to States under this subsection, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated--
       ``(i) for calendar year 2020, [$140,000,000,000];
       ``(ii) for calendar year 2021, [$143,000,000,000];
       ``(iii) for calendar year 2022, [$146,000,000,000];
       ``(iv) for calendar year 2023, [$149,000,000,000];
       ``(v) for calendar year 2024, [$152,000,000,000];
       ``(vi) for calendar year 2025, [$155,000,000,000]; and
       ``(vii) for calendar year 2026, [$158,000,000,000].
       ``(B) Allotments; availability of allotments.--
       ``(i) In general.--In the case of a State with an 
     application approved under this subsection with respect to a 
     year, the Administrator shall allot to the State for the 
     year, from amounts appropriated for such year under 
     subparagraph (A), the amount determined for the State and 
     year under paragraph (5).
       ``(ii) Availability of allotments; unused amounts.--

       ``(I) In general.--Amounts allotted to a State for a 
     calendar year under this subparagraph shall remain available 
     for obligation by the State through December 31 of the second 
     calendar year following the year for which the allotment is 
     made.
       ``(II) Unused amounts to be used for deficit reduction.--
     Amounts allotted to a State for a calendar year that remain 
     unobligated on April 1 of the following year shall be 
     deposited into the general fund of the Treasury and shall be 
     used for deficit reduction.

       ``(iii) Limitation.--In no case may a State use more than 
     10 percent of the amount allotted to the State for a year 
     under this subparagraph for the purpose described in clause 
     (vi) of paragraph (1)(A).
       ``(5) Determination of allotment amounts.--
       ``(A) Calendar year 2020.--Subject to subparagraph (B), the 
     amount determined under this paragraph for a State for 
     calendar year 2020 shall be equal to the sum of each of the 
     following component amounts which is applicable to the State:
       ``(i) With respect to each State, an amount equal to 10 
     percent of the amount appropriated for calendar year 2020 
     under paragraph (4)(A) multiplied by the ratio of--

       ``(I) the number of individuals in the State whose income 
     for calendar year 2019 was not less than 100 percent, and not 
     greater than 138 percent, of the poverty line (as defined in 
     section 2110(c)(5)) applicable to a family of the size 
     involved; over
       ``(II) the number of individuals in all States whose income 
     for calendar year 2019 was not less than 100 percent, and not 
     greater than 138 percent, of the poverty line (as so defined) 
     applicable to a family of the size involved.

       ``(ii) With respect to each State, an amount equal to 20 
     percent of the amount so appropriated multiplied by the ratio 
     of--

       ``(I) the number of individuals in the State who are not 
     less than 45 and not more than 64 years old; over
       ``(II) the number of individuals in all States who are not 
     less than 45 and not more than 64 years old.

       ``(iii) With respect to each State that, for calendar year 
     2016, had a State average per capita income that did not 
     exceed $52,500, an amount equal to 25 percent of the amount 
     so appropriated multiplied by the ratio of--

       ``(I) the number of individuals in the State whose income 
     for calendar year 2019 was not less than 100 percent, and not 
     greater than 138 percent, of the poverty line (as defined in 
     section 2110(c)(5)) applicable to a family of the size 
     involved; over
       ``(II) the number of individuals in all States that, for 
     calendar year 2016, had a State average per capita income 
     that did not exceed $52,500, whose income for calendar year 
     2019 was not less than 100 percent, and not greater than 138 
     percent, of the poverty line (as so defined) applicable to a 
     family of the size involved.

       ``(iv) With respect to each State that, for calendar year 
     2016, had an average population density of fewer than 15 
     individuals per square mile, an amount equal to 1 percent of 
     the amount so appropriated divided by the number of such 
     States.
       ``(v) With respect to each State that, for calendar year 
     2016, had an average population density that was greater than 
     14 individuals per square mile but fewer than 80 individuals 
     per square mile, an amount equal to 3.5 percent of the amount 
     so appropriated, divided by the number of such States.
       ``(vi) With respect to each State that, for calendar year 
     2016, had an average population density that was greater than 
     79 individuals per square mile but fewer than 115 individuals 
     per square mile, an amount equal to 5.5 percent of the amount 
     so appropriated, divided by the number of such States.
       ``(vii) With respect to each State that was an expansion 
     State for calendar year 2017, an amount equal to 35 percent 
     of the amount so appropriated multiplied by the ratio of--

       ``(I) the number of individuals in the State whose income 
     for calendar year 2016 was not less than 100 percent, and not 
     greater than 138 percent of the poverty line (as defined in 
     section 2110(c)(5)) applicable to a family of the size 
     involved; over
       ``(II) the number of individuals in all States that were 
     expansion States for calendar year 2017 whose income for 
     calendar year 2016 was not less than 100 percent, and not 
     greater than 138 percent, of the poverty line (as so defined) 
     applicable to a family of the size involved.

       ``(B) Calendar year 2020 allotment parameters.--The 
     Secretary shall adjust the amounts of allotments determined 
     under this paragraph for States for calendar year 2020 under 
     subparagraph (A) as necessary to ensure that a State's 
     allotment for calendar year 2026 (prior to any redistribution 
     of unallotted funds under subparagraph (G)) shall in no case 
     be--
       ``(i) greater than 3 times the sum of--

[[Page S4543]]

       ``(I) the amount of Federal payments made to the State for 
     calendar year 2016 for medical assistance provided to 
     individuals under clause (i)(VIII) or (ii)(XX) of section 
     1902(a)(10)(A) (including medical assistance provided to 
     individuals who are not newly eligible (as defined in section 
     1905(y)(2)) individuals described in subclause (VIII) of 
     section 1902(a)(10)(A)(i));
       ``(II) the amount of Federal payments made to the State for 
     calendar year 2016 for operating a Basic Health Program under 
     section 1331 of the Patient Protection and Affordable Care 
     Act for such year;
       ``(III) the amount of advance payments of premium 
     assistance credits allowable under section 36B of the 
     Internal Revenue Code of 1986 made under section 1412(a) of 
     the Patient Protection and Affordable Care Act in calendar 
     year 2016 on behalf of individuals who purchased insurance 
     through the Exchange established for or by the State pursuant 
     to title I of such Act; and
       ``(IV) the amount of Federal payments for cost-sharing 
     reductions provided for calendar year 2016 under section 1402 
     of such Act to individuals who purchased insurance through 
     the Exchange established for or by the State pursuant to 
     title I of such Act; or

       ``(ii) less than 75 percent of the sum of the amounts 
     described in subclauses (I) through (IV) of clause (i).
       ``(C) Calendar years after 2020 and before 2026.--Subject 
     to subparagraph (F), For calendar years after 2020 and before 
     2026, the amount determined under this paragraph for a State 
     and year shall be equal to--
       ``(i) for calendar years before 2025--

       ``(I) the amount determined for the State under 
     subparagraph (A) (after adjustment under subparagraph (B), if 
     applicable) or this subparagraph for the previous year; 
     increased by
       ``(II) the percentage increase in the medical care 
     component of the consumer price index for all urban consumers 
     (U.S. city average) from October 1 of the previous calendar 
     year to October 1 of the calendar year involved;

       ``(ii) for calendar year 2025--

       ``(I) the amount determined for the State under this 
     subparagraph for the previous year; increased by
       ``(II) the percentage increase in the consumer price index 
     for all urban consumers (U.S. city average) from October 1 of 
     the previous calendar year to October 1 of the calendar year 
     involved.

       ``(D) Calendar year 2026.--Subject to subparagraph (E), the 
     amount determined under this paragraph for a State for 
     calendar year 2026 shall be equal to the sum of each of the 
     following component amounts which is applicable to the State:
       ``(i) With respect to each State, an amount equal to 15.5 
     percent of the amount appropriated for calendar year 2026 
     under paragraph (4)(A) multiplied by the ratio of--

       ``(I) the number of individuals in the State whose income 
     for calendar year 2025 was not less than 100 percent, and not 
     greater than 138 percent, of the poverty line (as defined in 
     section 2110(c)(5)) applicable to a family of the size 
     involved; over
       ``(II) the number of individuals in all States whose income 
     for calendar year 2025 was not less than 100 percent, and not 
     greater than 138 percent, of the poverty line (as so defined) 
     applicable to a family of the size involved.

       ``(ii) With respect to each State, an amount equal to 30 
     percent of the amount so appropriated multiplied by the ratio 
     of--

       ``(I) the number of individuals in the State who are not 
     less than 45 and not more than 64 years old; over
       ``(II) the number of individuals in all States who are not 
     less than 45 and not more than 64 years old.

       ``(iii) With respect to each State that, for calendar year 
     2025, had a State average per capita income that did not 
     exceed $52,500, an amount equal to 39 percent of the amount 
     so appropriated multiplied by the ratio of--

       ``(I) the number of individuals in the State whose income 
     for calendar year 2025 was not less than 100 percent, and not 
     greater than 138 percent, of the poverty line (as defined in 
     section 2110(c)(5)) applicable to a family of the size 
     involved; over
       ``(II) the number of individuals in all States that, for 
     calendar year 2025, had a State average per capita income 
     that did not exceed $52,500, whose income for calendar year 
     2019 was not less than 100 percent, and not greater than 138 
     percent, of the poverty line (as so defined) applicable to a 
     family of the size involved.

       ``(iv) With respect to each State that, for calendar year 
     2025, had an average population density of fewer than 15 
     individuals per square mile, an amount equal to 1.5 percent 
     of the amount so appropriated divided by the number of such 
     States.
       ``(v) With respect to each State that, for calendar year 
     2025, had an average population density that was greater than 
     14 individuals per square mile but fewer than 80 individuals 
     per square mile, an amount equal to 5.5 percent of the amount 
     so appropriated, divided by the number of such States.
       ``(vi) With respect to each State that, for calendar year 
     2025, had an average population density that was greater than 
     79 individuals per square mile but fewer than 115 individuals 
     per square mile, an amount equal to 8.5 percent of the amount 
     so appropriated, divided by the number of such States.
       ``(E) Calendar year 2026 allotment parameters.--The 
     Secretary shall adjust the amounts of allotments determined 
     under this paragraph for States for calendar year 2026 as 
     necessary to ensure that a State's allotment for calendar 
     year 2026 (prior to any adjustment which may be applicable 
     under subparagraph (F) or distribution under subparagraph 
     (G)) shall in no case be--
       ``(i) greater than 3.5 times the sum of--

       ``(I) the amount of Federal payments made to the State for 
     calendar year 2016 for medical assistance provided to 
     individuals under clause (i)(VIII) or (ii)(XX) of section 
     1902(a)(10)(A) (including medical assistance provided to 
     individuals who are not newly eligible (as defined in section 
     1905(y)(2)) individuals described in subclause (VIII) of 
     section 1902(a)(10)(A)(i));
       ``(II) the amount of Federal payments made to the State for 
     calendar year 2016 for operating a Basic Health Program under 
     section 1331 of the Patient Protection and Affordable Care 
     Act for such year;
       ``(III) the amount of advance payments of premium 
     assistance credits allowable under section 36B of the 
     Internal Revenue Code of 1986 made under section 1412(a) of 
     the Patient Protection and Affordable Care Act in calendar 
     year 2016 on behalf of individuals who purchased insurance 
     through the Exchange established for or by the State pursuant 
     to title I of such Act; and
       ``(IV) the amount of Federal payments for cost-sharing 
     reductions provided for calendar year 2016 under section 1402 
     of such Act to individuals who purchased insurance through 
     the Exchange established for or by the State pursuant to 
     title I of such Act; or

       ``(ii) less than 75 percent of the sum of the amounts 
     described in subclauses (I) through (IV) of clause (i).
       ``(F) Low income population adjustment.--
       ``(i) For calendar years 2021 through 2025.--For each of 
     calendar years 2021, 2022, 2023, 2024, and 2025 if a State's 
     low income per capita allotment amount for the year (as 
     defined in clause (iii))--

       ``(I) exceeds the mean low income per capita allotment 
     amount for all States for the year by not less than 15 
     percent, the State's allotment for the year (as determined 
     under subparagraph (C)) shall be reduced by a percentage that 
     shall be determined by the Secretary but which shall not be 
     less than 0.5 percent or greater than 5 percent; or
       ``(II) is not less than 15 percent below the mean low 
     income per capita allotment amount for all States for the 
     year, the State's allotment for the year (as so determined) 
     shall be increased by a percentage that shall be determined 
     by the Secretary but which shall not be less than 0.5 percent 
     or greater than 5 percent.

       ``(ii) For calendar year 2026.--For calendar year 2026, 
     Secretary shall adjust the allotment for the year for each 
     State with a low income per capita allotment amount (as 
     defined in clause (iii)) that exceeds the mean low income per 
     capita allotment amount for all States for the year by more 
     than 10 percent or is below such mean amount by not less than 
     10 percent in such a manner that the low income per capita 
     allotment for each such State (after the adjustment under 
     this clause) is within 10 percent of such mean amount.
       ``(iii) Low income per capita allotment amount.--

       ``(I) In general.--The term `low income per capita 
     allotment amount' means, with respect to a State and year and 
     subject to adjustment under subclause (II), an amount equal 
     to--
       ``(aa) the State's allotment for the year, as determined 
     under subparagraph (C); divided by
       ``(bb) the number of individuals in the State--
       ``(AA) whose income for the previous calendar year did not 
     exceed 138 percent of the poverty line (as defined in section 
     2110(c)(5)) applicable to a family of the size involved; and
       ``(BB) who, during the previous calendar year, were not 
     enrolled under the State plan under title XIX (except that, 
     in the case of an individual who is enrolled under the State 
     plan under clause (i)(VIII), (ii)(XX), or (ii)(XXIII) of 
     section 1902(a)(10)(A) or is described in any such clause and 
     is enrolled under a waiver of such plan, shall not be 
     considered to be enrolled under such State plan for purposes 
     of this clause).
       ``(II) Adjustment for additional significant factors.--The 
     Secretary may adjust the amount determined for a State and 
     year under subclause (I) if the Secretary determines an 
     adjustment to be appropriate based on statistically and 
     actuarially significant factors, which may include--
       ``(aa) the population of older individuals in the State, 
     relative to other States;
       ``(bb) disease burdens for the State, relative to other 
     States; and
       ``(cc) variations in regional costs of care.
       ``(iv) Rules of application.--
       ``(I) Budget neutrality requirement.--In determining the 
     appropriate percentages by which to adjust States' allotments 
     for a calendar year under this subparagraph, the Secretary 
     shall make such adjustments in a manner that does not result 
     in a net increase in Federal payments under this section for 
     such year, and if the Secretary cannot adjust such 
     expenditures in such a manner there shall be no adjustment 
     under this paragraph for such year.
       ``(II) Nonapplication to low-density states.--This 
     paragraph shall not apply to any State that has a population 
     density of less than 15 individuals per square mile,

[[Page S4544]]

     based on the most recent data available from the Bureau of 
     the Census.

       ``(G) Reduction for expenditures on expansion population.--
     In the case of an expansion State, the amount of the 
     allotment determined for the State for a calendar year under 
     this paragraph shall be reduced by the amount of Federal 
     payments received by the State for medical assistance 
     provided to individuals under section 
     1902(a)(10)(A)(ii)(XXIII) for the year.
       ``(H) Distribution of unallotted funds.--To the extent that 
     any funds appropriated for a calendar year under paragraph 
     (4)(A) remain unallotted after the determinations, 
     adjustments, and reductions made under the preceding 
     subparagraphs of this paragraph, the Secretary shall increase 
     the allotments so determined and adjusted for States that 
     have a low income per capita allotment amount that is below 
     the mean low income per capita allotment amount for all 
     States in a manner to be determined by the Secretary.
       ``(I) Expansion state defined.--In this paragraph, the term 
     `expansion State' means, with respect to a State and year, a 
     State that provided for eligibility for medical assistance 
     under the State plan established under title XIX on the basis 
     of clause (i)(VIII) or (ii)(XX) of section 1902(a)(10)(A) (or 
     provided eligibility for individuals described in either such 
     clause under a waiver approved under section 1115) during 
     calendar year 2017.
       ``(6) Payments.--
       ``(A) Annual payment of allotments.--Subject to 
     subparagraph (B), the Administrator shall pay to each State 
     that has an application approved under this subsection for a 
     year, from the amount allotted to the State under paragraph 
     (4)(B) for the year, an amount equal to the Federal 
     percentage of the State's expenditures for the year.
       ``(B) State expenditures required beginning 2022.--For 
     purposes of subparagraph (A), the Federal percentage is equal 
     to 100 percent reduced by the State percentage for that year, 
     and the State percentage is equal to--
       ``(i) in the case of calendar year 2020, 3 percent;
       ``(ii) in the case of calendar year 2021, 3 percent;
       ``(iii) in the case of calendar year 2022, 4 percent;
       ``(iv) in the case of calendar year 2023, 4 percent;
       ``(v) in the case of calendar year 2024, 5 percent;
       ``(vi) in the case of calendar year 2025, 5 percent; and
       ``(vii) in the case of calendar year 2026, 5 percent.
       ``(C) Advance payment; retrospective adjustment.--
       ``(i) In general.--If the Administrator deems it 
     appropriate, the Administrator shall make payments under this 
     subsection for each year on the basis of advance estimates of 
     expenditures submitted by the State and such other 
     investigation as the Administrator shall find necessary, and 
     shall reduce or increase the payments as necessary to adjust 
     for any overpayment or underpayment for prior years.
       ``(ii) Misuse of funds.--If the Administrator determines 
     that a State is not using funds paid to the State under this 
     subsection in a manner consistent with the description 
     provided by the State in its application approved under 
     paragraph (1), the Administrator may withhold payments, 
     reduce payments, or recover previous payments to the State 
     under this subsection as the Administrator deems appropriate.
       ``(D) Flexibility in submittal of claims.--Nothing in this 
     subsection shall be construed as preventing a State from 
     claiming as expenditures in the year expenditures that were 
     incurred in a previous year.
       ``(7) Exemptions.--Paragraphs (2), (3), (5), (6), (8), 
     (10), and (11) of subsection (c) do not apply to payments 
     under this subsection.''.
       (b) Other Title XXI Amendments.--
       (1) Section 2101 of such Act (42 U.S.C. 1397aa) is 
     amended--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``The purpose'' and inserting ``Except with 
     respect to short-term assistance activities under section 
     2105(h) and the Market-Based Health Care Grant Program 
     established in section 2105(i), the purpose''; and
       (B) in subsection (b), in the matter preceding paragraph 
     (1), by inserting ``subsection (a) or (g) of'' before 
     ``section 2105''.
       (2) Section 2105(c)(1) of such Act (42 U.S.C. 1397ee(c)(1)) 
     is amended by striking ``and may not include'' and inserting 
     ``or to carry out short-term assistance activities under 
     subsection (h) or the Market-Based Health Care Grant Program 
     established in subsection (i) and, except in the case of 
     funds made available under subsection (h) or (i), may not 
     include''.
       (3) Section 2106(a)(1) of such Act (42 U.S.C. 1397ff(a)(1)) 
     is amended by inserting ``subsection (a) or (g) of'' before 
     ``section 2105''.

     SEC. 107. BETTER CARE RECONCILIATION IMPLEMENTATION FUND.

       (a) In General.--There is hereby established a Better Care 
     Reconciliation Implementation Fund (referred to in this 
     section as the ``Fund'') within the Department of Health and 
     Human Services to provide for Federal administrative expenses 
     in carrying out this Act.
       (b) Funding.--There is appropriated to the Fund, out of any 
     funds in the Treasury not otherwise appropriated, 
     $2,000,000,000.

     SEC. 108. REPEAL OF THE TAX ON EMPLOYEE HEALTH INSURANCE 
                   PREMIUMS AND HEALTH PLAN BENEFITS.

       (a) In General.--Chapter 43 of the Internal Revenue Code of 
     1986 is amended by striking section 4980I.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2019.
       (c) Subsequent Effective Date.--The amendment made by 
     subsection (a) shall not apply to taxable years beginning 
     after December 31, 2025, and chapter 43 of the Internal 
     Revenue Code of 1986 is amended to read as such chapter would 
     read if such subsection had never been enacted.

     SEC. 109. REPEAL OF TAX ON OVER-THE-COUNTER MEDICATIONS.

       (a) HSAs.--Subparagraph (A) of section 223(d)(2) of the 
     Internal Revenue Code of 1986 is amended by striking ``Such 
     term'' and all that follows through the period.
       (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``Such term'' and all that follows through the period.
       (c) Health Flexible Spending Arrangements and Health 
     Reimbursement Arrangements.--Section 106 of the Internal 
     Revenue Code of 1986 is amended by striking subsection (f).
       (d) Effective Dates.--
       (1) Distributions from savings accounts.--The amendments 
     made by subsections (a) and (b) shall apply to amounts paid 
     with respect to taxable years beginning after December 31, 
     2016.
       (2) Reimbursements.--The amendment made by subsection (c) 
     shall apply to expenses incurred with respect to taxable 
     years beginning after December 31, 2016.

     SEC. 110. REPEAL OF TAX ON HEALTH SAVINGS ACCOUNTS.

       (a) HSAs.--Section 223(f)(4)(A) of the Internal Revenue 
     Code of 1986 is amended by striking ``20 percent'' and 
     inserting ``10 percent''.
       (b) Archer MSAs.--Section 220(f)(4)(A) of the Internal 
     Revenue Code of 1986 is amended by striking ``20 percent'' 
     and inserting ``15 percent''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to distributions made after December 31, 2016.

     SEC. 111. REPEAL OF MEDICAL DEVICE EXCISE TAX.

       Section 4191 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new subsection:
       ``(d) Applicability.--The tax imposed under subsection (a) 
     shall not apply to sales after December 31, 2017.''.

     SEC. 112. REPEAL OF ELIMINATION OF DEDUCTION FOR EXPENSES 
                   ALLOCABLE TO MEDICARE PART D SUBSIDY.

       (a) In General.--Section 139A of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     sentence: ``This section shall not be taken into account for 
     purposes of determining whether any deduction is allowable 
     with respect to any cost taken into account in determining 
     such payment.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2016.

     SEC. 113. PURCHASE OF INSURANCE FROM HEALTH SAVINGS ACCOUNT.

       (a) In General.--Paragraph (2) of section 223(d) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``and any dependent (as defined in section 
     152, determined without regard to subsections (b)(1), (b)(2), 
     and (d)(1)(B) thereof) of such individual'' in subparagraph 
     (A) and inserting ``any dependent (as defined in section 152, 
     determined without regard to subsections (b)(1), (b)(2), and 
     (d)(1)(B) thereof) of such individual, and any child (as 
     defined in section 152(f)(1)) of such individual who has not 
     attained the age of 27 before the end of such individual's 
     taxable year'',
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Health insurance may not be purchased from account.--
     Except as provided in subparagraph (C), subparagraph (A) 
     shall not apply to any payment for insurance.'', and
       (3) by striking ``or'' at the end of subparagraph (C)(iii), 
     by striking the period at the end of subparagraph (C)(iv) and 
     inserting ``, or'', and by adding at the end the following:
       ``(v) a high deductible health plan but only to the extent 
     of the portion of such expense in excess of--

       ``(I) any amount allowable as a credit under section 36B 
     for the taxable year with respect to such coverage,
       ``(II) any amount allowable as a deduction under section 
     162(l) with respect to such coverage, or
       ``(III) any amount excludable from gross income with 
     respect to such coverage under section 106 (including by 
     reason of section 125) or 402(l).''.

       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to amounts paid for expenses 
     incurred for, and distributions made for, coverage under a 
     high deductible health plan beginning after December 31, 
     2017.

     SEC. 114. PRIMARY CARE ENHANCEMENT.

       (a) Treatment of Direct Primary Care Service 
     Arrangements.--Section 223(c) of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     paragraph:
       ``(6) Treatment of direct primary care service 
     arrangements.--An arrangement under which an individual is 
     provided coverage restricted to primary care services in

[[Page S4545]]

     exchange for a fixed periodic fee or payment for such 
     services--
       ``(A) shall not be treated as a health plan for purposes of 
     paragraph (1)(A)(ii), and
       ``(B) shall not be treated as insurance for purposes of 
     subsection (d)(2)(B).''.
       (b) Certain Provider Fees to Be Treated as Medical Care.--
     Section 213(d) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new paragraph:
       ``(12) Periodic provider fees.--The term `medical care' 
     shall include periodic fees paid for a defined set of primary 
     care medical services provided on an as-needed basis.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2016.

     SEC. 115. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS 
                   ACCOUNT INCREASED TO AMOUNT OF DEDUCTIBLE AND 
                   OUT-OF-POCKET LIMITATION.

       (a) Self-Only Coverage.--Section 223(b)(2)(A) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``$2,250'' and inserting ``the amount in effect under 
     subsection (c)(2)(A)(ii)(I)''.
       (b) Family Coverage.--Section 223(b)(2)(B) of such Code is 
     amended by striking ``$4,500'' and inserting ``the amount in 
     effect under subsection (c)(2)(A)(ii)(II)''.
       (c) Cost-of-living Adjustment.--Section 223(g)(1) of such 
     Code is amended--
       (1) by striking ``subsections (b)(2) and'' both places it 
     appears and inserting ``subsection'', and
       (2) in subparagraph (B), by striking ``determined by'' and 
     all that follows through `` `calendar year 2003'.'' and 
     inserting ``determined by substituting `calendar year 2003' 
     for `calendar year 1992' in subparagraph (B) thereof.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 116. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS 
                   TO THE SAME HEALTH SAVINGS ACCOUNT.

       (a) In General.--Section 223(b)(5) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(5) Special rule for married individuals with family 
     coverage.--
       ``(A) In general.--In the case of individuals who are 
     married to each other, if both spouses are eligible 
     individuals and either spouse has family coverage under a 
     high deductible health plan as of the first day of any 
     month--
       ``(i) the limitation under paragraph (1) shall be applied 
     by not taking into account any other high deductible health 
     plan coverage of either spouse (and if such spouses both have 
     family coverage under separate high deductible health plans, 
     only one such coverage shall be taken into account),
       ``(ii) such limitation (after application of clause (i)) 
     shall be reduced by the aggregate amount paid to Archer MSAs 
     of such spouses for the taxable year, and
       ``(iii) such limitation (after application of clauses (i) 
     and (ii)) shall be divided equally between such spouses 
     unless they agree on a different division.
       ``(B) Treatment of additional contribution amounts.--If 
     both spouses referred to in subparagraph (A) have attained 
     age 55 before the close of the taxable year, the limitation 
     referred to in subparagraph (A)(iii) which is subject to 
     division between the spouses shall include the additional 
     contribution amounts determined under paragraph (3) for both 
     spouses. In any other case, any additional contribution 
     amount determined under paragraph (3) shall not be taken into 
     account under subparagraph (A)(iii) and shall not be subject 
     to division between the spouses.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 117. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED 
                   BEFORE ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.

       (a) In General.--Section 223(d)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Treatment of certain medical expenses incurred before 
     establishment of account.--If a health savings account is 
     established during the 60-day period beginning on the date 
     that coverage of the account beneficiary under a high 
     deductible health plan begins, then, solely for purposes of 
     determining whether an amount paid is used for a qualified 
     medical expense, such account shall be treated as having been 
     established on the date that such coverage begins.''.
       (b) Effective Date.--The amendment made by this subsection 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.

     SEC. 118. EXCLUSION FROM HSAS OF HIGH DEDUCTIBLE HEALTH PLANS 
                   INCLUDING COVERAGE FOR ABORTION.

       (a) In General.--Subparagraph (C) of section 223(d)(2) of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following flush sentence:
     ``A high deductible health plan shall not be treated as 
     described in clause (v) if such plan includes coverage for 
     abortions (other than any abortion necessary to save the life 
     of the mother or any abortion with respect to a pregnancy 
     that is the result of an act of rape or incest).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.

     SEC. 119. FEDERAL PAYMENTS TO STATES.

       (a) In General.--Notwithstanding section 504(a), 
     1902(a)(23), 1903(a), 2002, 2005(a)(4), 2102(a)(7), or 
     2105(a)(1) of the Social Security Act (42 U.S.C. 704(a), 
     1396a(a)(23), 1396b(a), 1397a, 1397d(a)(4), 1397bb(a)(7), 
     1397ee(a)(1)), or the terms of any Medicaid waiver in effect 
     on the date of enactment of this Act that is approved under 
     section 1115 or 1915 of the Social Security Act (42 U.S.C. 
     1315, 1396n), for the 1-year period beginning on the date of 
     enactment of this Act, no Federal funds provided from a 
     program referred to in this subsection that is considered 
     direct spending for any year may be made available to a State 
     for payments to a prohibited entity, whether made directly to 
     the prohibited entity or through a managed care organization 
     under contract with the State.
       (b) Definitions.--In this section:
       (1) Prohibited entity.--The term ``prohibited entity'' 
     means an entity, including its affiliates, subsidiaries, 
     successors, and clinics--
       (A) that, as of the date of enactment of this Act--
       (i) is an organization described in section 501(c)(3) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code;
       (ii) is an essential community provider described in 
     section 156.235 of title 45, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act), that is 
     primarily engaged in family planning services, reproductive 
     health, and related medical care; and
       (iii) provides for abortions, other than an abortion--

       (I) if the pregnancy is the result of an act of rape or 
     incest; or
       (II) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness that would, as 
     certified by a physician, place the woman in danger of death 
     unless an abortion is performed, including a life-endangering 
     physical condition caused by or arising from the pregnancy 
     itself; and

       (B) for which the total amount of Federal and State 
     expenditures under the Medicaid program under title XIX of 
     the Social Security Act in fiscal year 2014 made directly to 
     the entity and to any affiliates, subsidiaries, successors, 
     or clinics of the entity, or made to the entity and to any 
     affiliates, subsidiaries, successors, or clinics of the 
     entity as part of a nationwide health care provider network, 
     exceeded $1,000,000.
       (2) Direct spending.--The term ``direct spending'' has the 
     meaning given that term under section 250(c) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900(c)).

     SEC. 120. MEDICAID.

       The Social Security Act (42 U.S.C. 301 et seq.) is 
     amended--
       (1) in section 1902--
       (A) in subsection (a)(10)(A), in each of clauses (i)(VIII) 
     and (ii)(XX), by inserting ``and ending December 31, 2019,'' 
     after ``January 1, 2014,''; and
       (B) in subsection (a)(47)(B), by inserting ``and provided 
     that any such election shall cease to be effective on January 
     1, 2020, and no such election shall be made after that date'' 
     before the semicolon at the end;
       (2) in section 1905--
       (A) in the first sentence of subsection (b), by inserting 
     ``(50 percent on or after January 1, 2020)'' after ``55 
     percent'';
       (B) in subsection (y)(1), by striking the semicolon at the 
     end of subparagraph (D) and all that follows through 
     ``thereafter''; and
       (C) in subsection (z)(2)--
       (i) in subparagraph (A), by inserting ``through 2019'' 
     after ``each year thereafter''; and
       (ii) in subparagraph (B)(ii)(VI), by striking ``and each 
     subsequent year'';
       (3) in section 1915(k)(2), by striking ``during the period 
     described in paragraph (1)'' and inserting ``on or after the 
     date referred to in paragraph (1) and before January 1, 
     2020'';
       (4) in section 1920(e), by adding at the end the following: 
     ``This subsection shall not apply after December 31, 2019.'';
       (5) in section 1937(b)(5), by adding at the end the 
     following: ``This paragraph shall not apply after December 
     31, 2019.''; and
       (6) in section 1943(a), by inserting ``and before January 
     1, 2020,'' after ``January 1, 2014,''.

     SEC. 121. REPEAL OF MEDICAID EXPANSION.

       Title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.) is amended--
       (1) in section 1902 (42 U.S.C. 1396a)--
       (A) in subsection (a)(10)(A)--
       (i) in clause (i)(VIII), by inserting ``and ending December 
     31, 2019,'' after ``2014,'';
       (ii) in clause (ii)(XX), by inserting ``and ending December 
     31, 2017,'' after ``2014,''; and
       (iii) in clause (ii), by adding at the end the following 
     new subclause:
       ``(XXIII) beginning January 1, 2020, who are expansion 
     enrollees (as defined in subsection (nn)(1));''; and
       (B) by adding at the end the following new subsection:
       ``(nn) Expansion Enrollees.--In this title:
       ``(1) In general.--The term `expansion enrollee' means an 
     individual--
       ``(A) who is under 65 years of age;
       ``(B) who is not pregnant;
       ``(C) who is not entitled to, or enrolled for, benefits 
     under part A of title XVIII, or enrolled for benefits under 
     part B of title XVIII;
       ``(D) who is not described in any of subclauses (I) through 
     (VII) of subsection (a)(10)(A)(i); and

[[Page S4546]]

       ``(E) whose income (as determined under subsection (e)(14)) 
     does not exceed 133 percent of the poverty line (as defined 
     in section 2110(c)(5)) applicable to a family of the size 
     involved.
       ``(2) Application of related provisions.--Any reference in 
     subsection (a)(10)(G), (k), or (gg) of this section or in 
     section 1903, 1905(a), 1920(e), or 1937(a)(1)(B) to 
     individuals described in subclause (VIII) of subsection 
     (a)(10)(A)(i) shall be deemed to include a reference to 
     expansion enrollees.''; and
       (2) in section 1905 (42 U.S.C. 1396d)--
       (A) in subsection (y)(1), by striking ``; and'' at the end 
     of subparagraph (D) and all that follows through 
     ``thereafter''; and
       (B) in subsection (z)(2)--
       (i) in subparagraph (A), by striking ``each year 
     thereafter'' and inserting ``through 2019''; and
       (ii) in subparagraph (B)(ii), by striking ``is 80 percent'' 
     in subclause (IV) and all that follows through ``100 
     percent'' and inserting ``and subsequent years is 80 
     percent''.

     SEC. 122. REDUCING STATE MEDICAID COSTS.

       (a) In General.--
       (1) State plan requirements.--Section 1902(a)(34) of the 
     Social Security Act (42 U.S.C. 1396a(a)(34)) is amended by 
     striking ``in or after the third month'' and all that follows 
     through ``individual)'' and inserting ``in or after the month 
     in which the individual (or, in the case of a deceased 
     individual, another individual acting on the individual's 
     behalf) made application (or, in the case of an individual 
     who is 65 years of age or older or who is eligible for 
     medical assistance under the plan on the basis of being blind 
     or disabled, in or after the third month before such 
     month)''.
       (2) Definition of medical assistance.--Section 1905(a) of 
     the Social Security Act (42 U.S.C. 1396d(a)) is amended by 
     striking ``in or after the third month before the month in 
     which the recipient makes application for assistance'' and 
     inserting ``in or after the month in which the recipient 
     makes application for assistance, or, in the case of a 
     recipient who is 65 years of age or older or who is eligible 
     for medical assistance on the basis of being blind or 
     disabled at the time application is made, in or after the 
     third month before the month in which the recipient makes 
     application for assistance,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to medical assistance with respect to individuals 
     whose eligibility for such assistance is based on an 
     application for such assistance made (or deemed to be made) 
     on or after October 1, 2017.

     SEC. 123. ELIGIBILITY REDETERMINATIONS.

       (a) In General.--Section 1902(e)(14) of the Social Security 
     Act (42 U.S.C. 1396a(e)(14)) (relating to modified adjusted 
     gross income) is amended by adding at the end the following:
       ``(J) Frequency of eligibility redeterminations.--Beginning 
     on October 1, 2017, and notwithstanding subparagraph (H), in 
     the case of an individual whose eligibility for medical 
     assistance under the State plan under this title (or a waiver 
     of such plan) is determined based on the application of 
     modified adjusted gross income under subparagraph (A) and who 
     is so eligible on the basis of clause (i)(VIII), (ii)(XX), or 
     (ii)(XXIII) of subsection (a)(10)(A), at the option of the 
     State, the State plan may provide that the individual's 
     eligibility shall be redetermined every 6 months (or such 
     shorter number of months as the State may elect).''.
       (b) Increased Administrative Matching Percentage.--For each 
     calendar quarter during the period beginning on October 1, 
     2017, and ending on December 31, 2019, the Federal matching 
     percentage otherwise applicable under section 1903(a) of the 
     Social Security Act (42 U.S.C. 1396b(a)) with respect to 
     State expenditures during such quarter that are attributable 
     to meeting the requirement of section 1902(e)(14) (relating 
     to determinations of eligibility using modified adjusted 
     gross income) of such Act shall be increased by 5 percentage 
     points with respect to State expenditures attributable to 
     activities carried out by the State (and approved by the 
     Secretary) to exercise the option described in subparagraph 
     (J) of such section (relating to eligibility redeterminations 
     made on a 6-month or shorter basis) (as added by subsection 
     (a)) to increase the frequency of eligibility 
     redeterminations.

     SEC. 124. OPTIONAL WORK REQUIREMENT FOR NONDISABLED, 
                   NONELDERLY, NONPREGNANT INDIVIDUALS.

       (a) In General.--Section 1902 of the Social Security Act 
     (42 U.S.C. 1396a), as previously amended, is further amended 
     by adding at the end the following new subsection:
       ``(oo) Optional Work Requirement for Nondisabled, 
     Nonelderly, Nonpregnant Individuals.--
       ``(1) In general.--Beginning October 1, 2017, subject to 
     paragraph (3), a State may elect to condition medical 
     assistance to a nondisabled, nonelderly, nonpregnant 
     individual under this title upon such an individual's 
     satisfaction of a work requirement (as defined in paragraph 
     (2)).
       ``(2) Work requirement defined.--In this section, the term 
     `work requirement' means, with respect to an individual, the 
     individual's participation in work activities (as defined in 
     section 407(d)) for such period of time as determined by the 
     State, and as directed and administered by the State.
       ``(3) Required exceptions.--States administering a work 
     requirement under this subsection may not apply such 
     requirement to--
       ``(A) a woman during pregnancy through the end of the month 
     in which the 60-day period (beginning on the last day of her 
     pregnancy) ends;
       ``(B) an individual who is under 19 years of age;
       ``(C) an individual who is the only parent or caretaker 
     relative in the family of a child who has not attained 6 
     years of age or who is the only parent or caretaker of a 
     child with disabilities; or
       ``(D) an individual who is married or a head of household 
     and has not attained 20 years of age and who--
       ``(i) maintains satisfactory attendance at secondary school 
     or the equivalent; or
       ``(ii) participates in education directly related to 
     employment.''.
       (b) Increase in Matching Rate for Implementation.--Section 
     1903 of the Social Security Act (42 U.S.C. 1396b) is amended 
     by adding at the end the following:
       ``(aa) The Federal matching percentage otherwise applicable 
     under subsection (a) with respect to State administrative 
     expenditures during a calendar quarter for which the State 
     receives payment under such subsection shall, in addition to 
     any other increase to such Federal matching percentage, be 
     increased for such calendar quarter by 5 percentage points 
     with respect to State expenditures attributable to activities 
     carried out by the State (and approved by the Secretary) to 
     implement subsection (oo) of section 1902.''.

     SEC. 125. PROVIDER TAXES.

       Section 1903(w)(4)(C) of the Social Security Act (42 U.S.C. 
     1396b(w)(4)(C)) is amended by adding at the end the following 
     new clause:
       ``(iii) For purposes of clause (i), a determination of the 
     existence of an indirect guarantee shall be made under 
     paragraph (3)(i) of section 433.68(f) of title 42, Code of 
     Federal Regulations, as in effect on June 1, 2017, except 
     that--

       ``(I) for fiscal year 2021, `5.8 percent' shall be 
     substituted for `6 percent' each place it appears;
       ``(II) for fiscal year 2022, `5.6 percent' shall be 
     substituted for `6 percent' each place it appears;
       ``(III) for fiscal year 2023, `5.4 percent' shall be 
     substituted for `6 percent' each place it appears;
       ``(IV) for fiscal year 2024, `5.2 percent' shall be 
     substituted for `6 percent' each place it appears; and
       ``(V) for fiscal year 2025 and each subsequent fiscal year, 
     `5 percent' shall be substituted for `6 percent' each place 
     it appears.''.

     SEC. 126. PER CAPITA ALLOTMENT FOR MEDICAL ASSISTANCE.

       (a) In General.--Title XIX of the Social Security Act is 
     amended--
       (1) in section 1903 (42 U.S.C. 1396b)--
       (A) in subsection (a), in the matter before paragraph (1), 
     by inserting ``and section 1903A(a)'' after ``except as 
     otherwise provided in this section''; and
       (B) in subsection (d)(1), by striking ``to which'' and 
     inserting ``to which, subject to section 1903A(a),''; and
       (2) by inserting after such section 1903 the following new 
     section:

     ``SEC. 1903A. PER CAPITA-BASED CAP ON PAYMENTS FOR MEDICAL 
                   ASSISTANCE.

       ``(a) Application of Per Capita Cap on Payments for Medical 
     Assistance Expenditures.--
       ``(1) In general.--If a State which is one of the 50 States 
     or the District of Columbia has excess aggregate medical 
     assistance expenditures (as defined in paragraph (2)) for a 
     fiscal year (beginning with fiscal year 2020), the amount of 
     payment to the State under section 1903(a)(1) for each 
     quarter in the following fiscal year shall be reduced by \1/
     4\ of the excess aggregate medical assistance payments (as 
     defined in paragraph (3)) for that previous fiscal year. In 
     this section, the term `State' means only the 50 States and 
     the District of Columbia.
       ``(2) Excess aggregate medical assistance expenditures.--In 
     this subsection, the term `excess aggregate medical 
     assistance expenditures' means, for a State for a fiscal 
     year, the amount (if any) by which--
       ``(A) the amount of the adjusted total medical assistance 
     expenditures (as defined in subsection (b)(1)) for the State 
     and fiscal year; exceeds
       ``(B) the amount of the target total medical assistance 
     expenditures (as defined in subsection (c)) for the State and 
     fiscal year.
       ``(3) Excess aggregate medical assistance payments.--In 
     this subsection, the term `excess aggregate medical 
     assistance payments' means, for a State for a fiscal year, 
     the product of--
       ``(A) the excess aggregate medical assistance expenditures 
     (as defined in paragraph (2)) for the State for the fiscal 
     year; and
       ``(B) the Federal average medical assistance matching 
     percentage (as defined in paragraph (4)) for the State for 
     the fiscal year.
       ``(4) Federal average medical assistance matching 
     percentage.--In this subsection, the term `Federal average 
     medical assistance matching percentage' means, for a State 
     for a fiscal year, the ratio (expressed as a percentage) of--
       ``(A) the amount of the Federal payments that would be made 
     to the State under section 1903(a)(1) for medical assistance 
     expenditures for calendar quarters in the fiscal year if 
     paragraph (1) did not apply; to
       ``(B) the amount of the medical assistance expenditures for 
     the State and fiscal year.
       ``(5) Per capita base period.--
       ``(A) In general.--In this section, the term `per capita 
     base period' means, with respect

[[Page S4547]]

     to a State, a period of 8 (or, in the case of a State 
     selecting a period under subparagraph (D), not less than 4) 
     consecutive fiscal quarters selected by the State.
       ``(B) Timeline.--Each State shall submit its selection of a 
     per capita base period to the Secretary not later than 
     January 1, 2018.
       ``(C) Parameters.--In selecting a per capita base period 
     under this paragraph, a State shall--
       ``(i) only select a period of 8 (or, in the case of a State 
     selecting a base period under subparagraph (D), not less than 
     4) consecutive fiscal quarters for which all the data 
     necessary to make determinations required under this section 
     is available, as determined by the Secretary; and
       ``(ii) shall not select any period of 8 (or, in the case of 
     a State selecting a base period under subparagraph (D), not 
     less than 4) consecutive fiscal quarters that begins with a 
     fiscal quarter earlier than the first quarter of fiscal year 
     2014 or ends with a fiscal quarter later than the third 
     fiscal quarter of 2017.
       ``(D) Base period for late-expanding states.--
       ``(i) In general.--In the case of a State that did not 
     provide for medical assistance for the 1903A enrollee 
     category described in subsection (e)(2)(D) as of the first 
     day of the fourth fiscal quarter of fiscal year 2015 but 
     which provided for such assistance for such category in a 
     subsequent fiscal quarter that is not later than the fourth 
     quarter of fiscal year 2016, the State may select a per 
     capita base period that is less than 8 consecutive fiscal 
     quarters, but in no case shall the period selected be less 
     than 4 consecutive fiscal quarters.
       ``(ii) Application of other requirements.--Except for the 
     requirement that a per capita base period be a period of 8 
     consecutive fiscal quarters, all other requirements of this 
     paragraph shall apply to a per capita base period selected 
     under this subparagraph.
       ``(iii) Application of base period adjustments.--The 
     adjustments to amounts for per capita base periods required 
     under subsections (b)(5) and (d)(4)(E) shall be applied to 
     amounts for per capita base periods selected under this 
     subparagraph by substituting `divided by the ratio that the 
     number of quarters in the base period bears to 4' for 
     `divided by 2'.
       ``(E) Adjustment by the secretary.--If the Secretary 
     determines that a State took actions after the date of 
     enactment of this section (including making retroactive 
     adjustments to supplemental payment data in a manner that 
     affects a fiscal quarter in the per capita base period) to 
     diminish the quality of the data from the per capita base 
     period used to make determinations under this section, the 
     Secretary may adjust the data as the Secretary deems 
     appropriate.
       ``(b) Adjusted Total Medical Assistance Expenditures.--
     Subject to subsection (g), the following shall apply:
       ``(1) In general.--In this section, the term `adjusted 
     total medical assistance expenditures' means, for a State--
       ``(A) for the State's per capita base period (as defined in 
     subsection (a)(5)), the product of--
       ``(i) the amount of the medical assistance expenditures (as 
     defined in paragraph (2) and adjusted under paragraph (5)) 
     for the State and period, reduced by the amount of any 
     excluded expenditures (as defined in paragraph (3) and 
     adjusted under paragraph (5)) for the State and period 
     otherwise included in such medical assistance expenditures; 
     and
       ``(ii) the 1903A base period population percentage (as 
     defined in paragraph (4)) for the State; or
       ``(B) for fiscal year 2019 or a subsequent fiscal year, the 
     amount of the medical assistance expenditures (as defined in 
     paragraph (2)) for the State and fiscal year that is 
     attributable to 1903A enrollees, reduced by the amount of any 
     excluded expenditures (as defined in paragraph (3)) for the 
     State and fiscal year otherwise included in such medical 
     assistance expenditures and includes non-DSH supplemental 
     payments (as defined in subsection (d)(4)(A)(ii)) and 
     payments described in subsection (d)(4)(A)(iii) but shall not 
     be construed as including any expenditures attributable to 
     the program under section 1928 (relating to State pediatric 
     vaccine distribution programs). In applying subparagraph (B), 
     non-DSH supplemental payments (as defined in subsection 
     (d)(4)(A)(ii)) and payments described in subsection 
     (d)(4)(A)(iii) shall be treated as fully attributable to 
     1903A enrollees.
       ``(2) Medical assistance expenditures.--In this section, 
     the term `medical assistance expenditures' means, for a State 
     and fiscal year or per capita base period, the medical 
     assistance payments as reported by medical service category 
     on the Form CMS-64 quarterly expense report (or successor to 
     such a report form, and including enrollment data and 
     subsequent adjustments to any such report, in this section 
     referred to collectively as a `CMS-64 report') for quarters 
     in the year or base period for which payment is (or may 
     otherwise be) made pursuant to section 1903(a)(1), adjusted, 
     in the case of a per capita base period, under paragraph (5).
       ``(3) Excluded expenditures.--In this section, the term 
     `excluded expenditures' means, for a State and fiscal year or 
     per capita base period, expenditures under the State plan (or 
     under a waiver of such plan) that are attributable to any of 
     the following:
       ``(A) DSH.--Payment adjustments made for disproportionate 
     share hospitals under section 1923.
       ``(B) Medicare cost-sharing.--Payments made for medicare 
     cost-sharing (as defined in section 1905(p)(3)).
       ``(C) Safety net provider payment adjustments in non-
     expansion states.--Payment adjustments under subsection (a) 
     of section 1923A for which payment is permitted under 
     subsection (c) of such section.
       ``(D) Expenditures for public health emergencies.--Any 
     expenditures that are subject to a public health emergency 
     exclusion under paragraph (6).
       ``(4) 1903A base period population percentage.--In this 
     subsection, the term `1903A base period population 
     percentage' means, for a State, the Secretary's calculation 
     of the percentage of the actual medical assistance 
     expenditures, as reported by the State on the CMS-64 reports 
     for calendar quarters in the State's per capita base period, 
     that are attributable to 1903A enrollees (as defined in 
     subsection (e)(1)).
       ``(5) Adjustments for per capita base period.--In 
     calculating medical assistance expenditures under paragraph 
     (2) and excluded expenditures under paragraph (3) for a State 
     for the State's per capita base period, the total amount of 
     each type of expenditure for the State and base period shall 
     be divided by 2.
       ``(6) Authority to exclude state expenditures from caps 
     during public health emergency.--
       ``(A) In general.--During the period that begins on January 
     1, 2020, and ends on December 31, 2024, the Secretary may 
     exclude, from a State's medical assistance expenditures for a 
     fiscal year or portion of a fiscal year that occurs during 
     such period, an amount that shall not exceed the amount 
     determined under subparagraph (B) for the State and year or 
     portion of a year if--
       ``(i) a public health emergency declared by the Secretary 
     pursuant to section 319 of the Public Health Service Act 
     existed within the State during such year or portion of a 
     year; and
       ``(ii) the Secretary determines that such an exemption 
     would be appropriate.
       ``(B) Maximum amount of adjustment.--The amount excluded 
     for a State and fiscal year or portion of a fiscal year under 
     this paragraph shall not exceed the amount by which--
       ``(i) the amount of State expenditures for medical 
     assistance for 1903A enrollees in areas of the State which 
     are subject to a declaration described in subparagraph (A)(i) 
     for the fiscal year or portion of a fiscal year; exceeds
       ``(ii) the amount of such expenditures for such enrollees 
     in such areas during the most recent fiscal year or portion 
     of a fiscal year of equal length to the portion of a fiscal 
     year involved during which no such declaration was in effect.
       ``(C) Aggregate limitation on exclusions and additional 
     block grant payments.--The aggregate amount of expenditures 
     excluded under this paragraph and additional payments made 
     under section 1903B(c)(3)(E) for the period described in 
     subparagraph (A) shall not exceed $5,000,000,000.
       ``(D) Review.--If the Secretary exercises the authority 
     under this paragraph with respect to a State for a fiscal 
     year or portion of a fiscal year, the Secretary shall, not 
     later than 6 months after the declaration described in 
     subparagraph (A)(i) ceases to be in effect, conduct an audit 
     of the State's medical assistance expenditures for 1903A 
     enrollees during the year or portion of a year to ensure that 
     all of the expenditures so excluded were made for the purpose 
     of ensuring that the health care needs of 1903A enrollees in 
     areas affected by a public health emergency are met.
       ``(c)  Target Total Medical Assistance Expenditures.--
       ``(1) Calculation.--In this section, the term `target total 
     medical assistance expenditures' means, for a State for a 
     fiscal year, the sum of the products, for each of the 1903A 
     enrollee categories (as defined in subsection (e)(2)), of--
       ``(A) the target per capita medical assistance expenditures 
     (as defined in paragraph (2)) for the enrollee category, 
     State, and fiscal year; and
       ``(B) the number of 1903A enrollees for such enrollee 
     category, State, and fiscal year, as determined under 
     subsection (e)(4).
       ``(2) Target per capita medical assistance expenditures.--
     In this subsection, the term `target per capita medical 
     assistance expenditures' means, for a 1903A enrollee category 
     and State--
       ``(A) for fiscal year 2020, an amount equal to--
       ``(i) the provisional FY19 target per capita amount for 
     such enrollee category (as calculated under subsection 
     (d)(5)) for the State; increased by
       ``(ii) the applicable annual inflation factor (as defined 
     in paragraph (3)) for fiscal year 2020; and
       ``(B) for each succeeding fiscal year, an amount equal to--
       ``(i) the target per capita medical assistance expenditures 
     (under subparagraph (A) or this subparagraph) for the 1903A 
     enrollee category and State for the preceding fiscal year; 
     increased by
       ``(ii) the applicable annual inflation factor for that 
     succeeding fiscal year.
       ``(3) Applicable annual inflation factor.--In paragraph 
     (2), the term `applicable annual inflation factor' means--
       ``(A) for fiscal years before 2025--
       ``(i) for each of the 1903A enrollee categories described 
     in subparagraphs (C), (D), and (E) of subsection (e)(2), the 
     percentage increase in the medical care component of

[[Page S4548]]

     the consumer price index for all urban consumers (U.S. city 
     average) from September of the previous fiscal year to 
     September of the fiscal year involved; and
       ``(ii) for each of the 1903A enrollee categories described 
     in subparagraphs (A) and (B) of subsection (e)(2), the 
     percentage increase described in clause (i) plus 1 percentage 
     point; and
       ``(B) for fiscal years after 2024, for all 1903A enrollee 
     categories, the percentage increase in the consumer price 
     index for all urban consumers (U.S. city average) from 
     September of the previous fiscal year to September of the 
     fiscal year involved.
       ``(4) Adjustments to state expenditures targets to promote 
     program equity across states.--
       ``(A) In general.--Beginning with fiscal year 2020, the 
     target per capita medical assistance expenditures for a 1903A 
     enrollee category, State, and fiscal year, as determined 
     under paragraph (2), shall be adjusted (subject to 
     subparagraph (C)(i)) in accordance with this paragraph.
       ``(B) Adjustment based on level of per capita spending for 
     1903a enrollee categories.--Subject to subparagraph (C), with 
     respect to a State, fiscal year, and 1903A enrollee category, 
     if the State's per capita categorical medical assistance 
     expenditures (as defined in subparagraph (D)) for the State 
     and category in the preceding fiscal year--
       ``(i) exceed the mean per capita categorical medical 
     assistance expenditures for the category for all States for 
     such preceding year by not less than 25 percent, the State's 
     target per capita medical assistance expenditures for such 
     category for the fiscal year involved shall be reduced by a 
     percentage that shall be determined by the Secretary but 
     which shall not be less than 0.5 percent or greater than 2 
     percent; or
       ``(ii) are less than the mean per capita categorical 
     medical assistance expenditures for the category for all 
     States for such preceding year by not less than 25 percent, 
     the State's target per capita medical assistance expenditures 
     for such category for the fiscal year involved shall be 
     increased by a percentage that shall be determined by the 
     Secretary but which shall not be less than 0.5 percent or 
     greater than 2 percent.
       ``(C) Rules of application.--
       ``(i) Budget neutrality requirement.--In determining the 
     appropriate percentages by which to adjust States' target per 
     capita medical assistance expenditures for a category and 
     fiscal year under this paragraph, the Secretary shall make 
     such adjustments in a manner that does not result in a net 
     increase in Federal payments under this section for such 
     fiscal year, and if the Secretary cannot adjust such 
     expenditures in such a manner there shall be no adjustment 
     under this paragraph for such fiscal year.
       ``(ii) Assumption regarding state expenditures.--For 
     purposes of clause (i), in the case of a State that has its 
     target per capita medical assistance expenditures for a 1903A 
     enrollee category and fiscal year increased under this 
     paragraph, the Secretary shall assume that the categorical 
     medical assistance expenditures (as defined in subparagraph 
     (D)(ii)) for such State, category, and fiscal year will equal 
     such increased target medical assistance expenditures.
       ``(iii) Nonapplication to low-density states.--This 
     paragraph shall not apply to any State that has a population 
     density of less than 15 individuals per square mile, based on 
     the most recent data available from the Bureau of the Census.
       ``(iv) Disregard of adjustment.--Any adjustment under this 
     paragraph to target medical assistance expenditures for a 
     State, 1903A enrollee category, and fiscal year shall be 
     disregarded when determining the target medical assistance 
     expenditures for such State and category for a succeeding 
     year under paragraph (2).
       ``(v) Application for fiscal years 2020 and 2021.--In 
     fiscal years 2020 and 2021, the Secretary shall apply this 
     paragraph by deeming all categories of 1903A enrollees to be 
     a single category.
       ``(D) Per capita categorical medical assistance 
     expenditures.--
       ``(i) In general.--In this paragraph, the term `per capita 
     categorical medical assistance expenditures' means, with 
     respect to a State, 1903A enrollee category, and fiscal year, 
     an amount equal to--

       ``(I) the categorical medical expenditures (as defined in 
     clause (ii)) for the State, category, and year; divided by
       ``(II) the number of 1903A enrollees for the State, 
     category, and year.

       ``(ii) Categorical medical assistance expenditures.--The 
     term `categorical medical assistance expenditures' means, 
     with respect to a State, 1903A enrollee category, and fiscal 
     year, an amount equal to the total medical assistance 
     expenditures (as defined in paragraph (2)) for the State and 
     fiscal year that are attributable to 1903A enrollees in the 
     category, excluding any excluded expenditures (as defined in 
     paragraph (3)) for the State and fiscal year that are 
     attributable to 1903A enrollees in the category.
       ``(d) Calculation of FY19 Provisional Target Amount for 
     Each 1903A Enrollee Category.--Subject to subsection (g), the 
     following shall apply:
       ``(1) Calculation of base amounts for per capita base 
     period.--For each State the Secretary shall calculate (and 
     provide notice to the State not later than April 1, 2018, of) 
     the following:
       ``(A) The amount of the adjusted total medical assistance 
     expenditures (as defined in subsection (b)(1)) for the State 
     for the State's per capita base period.
       ``(B) The number of 1903A enrollees for the State in the 
     State's per capita base period (as determined under 
     subsection (e)(4)).
       ``(C) The average per capita medical assistance 
     expenditures for the State for the State's per capita base 
     period equal to--
       ``(i) the amount calculated under subparagraph (A); divided 
     by
       ``(ii) the number calculated under subparagraph (B).
       ``(2) Fiscal year 2019 average per capita amount based on 
     inflating the per capita base period amount to fiscal year 
     2019 by cpi-medical.--The Secretary shall calculate a fiscal 
     year 2019 average per capita amount for each State equal to--
       ``(A) the average per capita medical assistance 
     expenditures for the State for the State's per capita base 
     period (calculated under paragraph (1)(C)); increased by
       ``(B) the percentage increase in the medical care component 
     of the consumer price index for all urban consumers (U.S. 
     city average) from the last month of the State's per capita 
     base period to September of fiscal year 2019.
       ``(3) Aggregate and average expenditures per capita for 
     fiscal year 2019.--The Secretary shall calculate for each 
     State the following:
       ``(A) The amount of the adjusted total medical assistance 
     expenditures (as defined in subsection (b)(1)) for the State 
     for fiscal year 2019. 
       ``(B) The number of 1903A enrollees for the State in fiscal 
     year 2019 (as determined under subsection (e)(4)).
       ``(4) Per capita expenditures for fiscal year 2019 for each 
     1903a enrollee category.--The Secretary shall calculate (and 
     provide notice to each State not later than January 1, 2020, 
     of) the following:
       ``(A)(i) For each 1903A enrollee category, the amount of 
     the adjusted total medical assistance expenditures (as 
     defined in subsection (b)(1)) for the State for fiscal year 
     2019 for individuals in the enrollee category, calculated by 
     excluding from medical assistance expenditures those 
     expenditures attributable to expenditures described in clause 
     (iii) or non-DSH supplemental expenditures (as defined in 
     clause (ii)).
       ``(ii) In this paragraph, the term `non-DSH supplemental 
     expenditure' means a payment to a provider under the State 
     plan (or under a waiver of the plan) that--
       ``(I) is not made under section 1923;
       ``(II) is not made with respect to a specific item or 
     service for an individual;
       ``(III) is in addition to any payments made to the provider 
     under the plan (or waiver) for any such item or service; and
       ``(IV) complies with the limits for additional payments to 
     providers under the plan (or waiver) imposed pursuant to 
     section 1902(a)(30)(A), including the regulations specifying 
     upper payment limits under the State plan in part 447 of 
     title 42, Code of Federal Regulations (or any successor 
     regulations).
       ``(iii) An expenditure described in this clause is an 
     expenditure that meets the criteria specified in subclauses 
     (I), (II), and (III) of clause (ii) and is authorized under 
     section 1115 for the purposes of funding a delivery system 
     reform pool, uncompensated care pool, a designated State 
     health program, or any other similar expenditure (as defined 
     by the Secretary).
       ``(B) For each 1903A enrollee category, the number of 1903A 
     enrollees for the State in fiscal year 2019 in the enrollee 
     category (as determined under subsection (e)(4)).
       ``(C) For the State's per capita base period, the State's 
     non-DSH supplemental and pool payment percentage is equal to 
     the ratio (expressed as a percentage) of--
       ``(i) the total amount of non-DSH supplemental expenditures 
     (as defined in subparagraph (A)(ii) and adjusted under 
     subparagraph (E)) and payments described in subparagraph 
     (A)(iii) (and adjusted under subparagraph (E)) for the State 
     for the period; to
       ``(ii) the amount described in subsection (b)(1)(A) for the 
     State for the State's per capita base period.
       ``(D) For each 1903A enrollee category an average medical 
     assistance expenditures per capita for the State for fiscal 
     year 2019 for the enrollee category equal to--
       ``(i) the amount calculated under subparagraph (A) for the 
     State, increased by the non-DSH supplemental and pool payment 
     percentage for the State (as calculated under subparagraph 
     (C)); divided by
       ``(ii) the number calculated under subparagraph (B) for the 
     State for the enrollee category.
       ``(E) For purposes of subparagraph (C)(i), in calculating 
     the total amount of non-DSH supplemental expenditures and 
     payments described in subparagraph (A)(iii) for a State for 
     the per capita base period, the total amount of such 
     expenditures and the total amount of such payments for the 
     State and base period shall each be divided by 2.
       ``(5) Provisional fy19 per capita target amount for each 
     1903a enrollee category.--Subject to subsection (f)(2), the 
     Secretary shall calculate for each State a provisional FY19 
     per capita target amount for each 1903A enrollee category 
     equal to the average medical assistance expenditures per 
     capita for the State for fiscal year 2019 (as calculated 
     under paragraph (4)(D)) for such enrollee category multiplied 
     by the ratio of--
       ``(A) the product of--

[[Page S4549]]

       ``(i) the fiscal year 2019 average per capita amount for 
     the State, as calculated under paragraph (2); and
       ``(ii) the number of 1903A enrollees for the State in 
     fiscal year 2019, as calculated under paragraph (3)(B); to
       ``(B) the amount of the adjusted total medical assistance 
     expenditures for the State for fiscal year 2019, as 
     calculated under paragraph (3)(A).
       ``(e) 1903A Enrollee; 1903A Enrollee Category.--Subject to 
     subsection (g), for purposes of this section, the following 
     shall apply:
       ``(1) 1903A enrollee.--The term `1903A enrollee' means, 
     with respect to a State and a month and subject to subsection 
     (i)(1)(B), any Medicaid enrollee (as defined in paragraph 
     (3)) for the month, other than such an enrollee who for such 
     month is in any of the following categories of excluded 
     individuals:
       ``(A) CHIP.--An individual who is provided, under this 
     title in the manner described in section 2101(a)(2), child 
     health assistance under title XXI.
       ``(B) IHS.--An individual who receives any medical 
     assistance under this title for services for which payment is 
     made under the third sentence of section 1905(b).
       ``(C) Breast and cervical cancer services eligible 
     individual.--An individual who is eligible for medical 
     assistance under this title only on the basis of section 
     1902(a)(10)(A)(ii)(XVIII).
       ``(D) Partial-benefit enrollees.--An individual who--
       ``(i) is an alien who is eligible for medical assistance 
     under this title only on the basis of section 1903(v)(2);
       ``(ii) is eligible for medical assistance under this title 
     only on the basis of subclause (XII) or (XXI) of section 
     1902(a)(10)(A)(ii) (or on the basis of a waiver that provides 
     only comparable benefits);
       ``(iii) is a dual eligible individual (as defined in 
     section 1915(h)(2)(B)) and is eligible for medical assistance 
     under this title (or under a waiver) only for some or all of 
     medicare cost-sharing (as defined in section 1905(p)(3)); or
       ``(iv) is eligible for medical assistance under this title 
     and for whom the State is providing a payment or subsidy to 
     an employer for coverage of the individual under a group 
     health plan pursuant to section 1906 or section 1906A (or 
     pursuant to a waiver that provides only comparable benefits).
       ``(E) Blind and disabled children.--An individual who--
       ``(i) is a child under 19 years of age; and
       ``(ii) is eligible for medical assistance under this title 
     on the basis of being blind or disabled.
       ``(2) 1903A enrollee category.--The term `1903A enrollee 
     category' means each of the following:
       ``(A) Elderly.--A category of 1903A enrollees who are 65 
     years of age or older.
       ``(B) Blind and disabled.--A category of 1903A enrollees 
     (not described in the previous subparagraph) who--
       ``(i) are 19 years of age or older; and
       ``(ii) are eligible for medical assistance under this title 
     on the basis of being blind or disabled.
       ``(C) Children.--A category of 1903A enrollees (not 
     described in a previous subparagraph) who are children under 
     19 years of age.
       ``(D) Expansion enrollees.--A category of 1903A enrollees 
     (not described in a previous subparagraph) who are eligible 
     for medical assistance under this title only on the basis of 
     clause (i)(VIII), (ii)(XX), or (ii)(XXIII) of section 
     1902(a)(10)(A).
       ``(E) Other nonelderly, nondisabled, non-expansion 
     adults.--A category of 1903A enrollees who are not described 
     in any previous subparagraph.
       ``(3) Medicaid enrollee.--The term `Medicaid enrollee' 
     means, with respect to a State for a month, an individual who 
     is eligible for medical assistance for items or services 
     under this title and enrolled under the State plan (or a 
     waiver of such plan) under this title for the month.
       ``(4) Determination of number of 1903a enrollees.--The 
     number of 1903A enrollees for a State and fiscal year or the 
     State's per capita base period, and, if applicable, for a 
     1903A enrollee category, is the average monthly number of 
     Medicaid enrollees for such State and fiscal year or base 
     period (and, if applicable, in such category) that are 
     reported through the CMS-64 report under (and subject to 
     audit under) subsection (h).
       ``(f) Special Payment Rules.--
       ``(1) Application in case of research and demonstration 
     projects and other waivers.--In the case of a State with a 
     waiver of the State plan approved under section 1115, section 
     1915, or another provision of this title, this section shall 
     apply to medical assistance expenditures and medical 
     assistance payments under the waiver, in the same manner as 
     if such expenditures and payments had been made under a State 
     plan under this title and the limitations on expenditures 
     under this section shall supersede any other payment 
     limitations or provisions (including limitations based on a 
     per capita limitation) otherwise applicable under such a 
     waiver.
       ``(2) Treatment of states expanding coverage after july 1, 
     2016.--In the case of a State that did not provide for 
     medical assistance for the 1903A enrollee category described 
     in subsection (e)(2)(D) as of July 1, 2016, but which 
     subsequently provides for such assistance for such category, 
     the provisional FY19 per capita target amount for such 
     enrollee category under subsection (d)(5) shall be equal to 
     the provisional FY19 per capita target amount for the 1903A 
     enrollee category described in subsection (e)(2)(E).
       ``(3) In case of state failure to report necessary data.--
     If a State for any quarter in a fiscal year (beginning with 
     fiscal year 2019) fails to satisfactorily submit data on 
     expenditures and enrollees in accordance with subsection 
     (h)(1), for such fiscal year and any succeeding fiscal year 
     for which such data are not satisfactorily submitted--
       ``(A) the Secretary shall calculate and apply subsections 
     (a) through (e) with respect to the State as if all 1903A 
     enrollee categories for which such expenditure and enrollee 
     data were not satisfactorily submitted were a single 1903A 
     enrollee category; and
       ``(B) the growth factor otherwise applied under subsection 
     (c)(2)(B) shall be decreased by 1 percentage point.
       ``(g) Recalculation of Certain Amounts for Data Errors.--
     The amounts and percentage calculated under paragraphs (1) 
     and (4)(C) of subsection (d) for a State for the State's per 
     capita base period, and the amounts of the adjusted total 
     medical assistance expenditures calculated under subsection 
     (b) and the number of Medicaid enrollees and 1903A enrollees 
     determined under subsection (e)(4) for a State for the 
     State's per capita base period, fiscal year 2019, and any 
     subsequent fiscal year, may be adjusted by the Secretary 
     based upon an appeal (filed by the State in such a form, 
     manner, and time, and containing such information relating to 
     data errors that support such appeal, as the Secretary 
     specifies) that the Secretary determines to be valid, except 
     that any adjustment by the Secretary under this subsection 
     for a State may not result in an increase of the target total 
     medical assistance expenditures exceeding 2 percent.
       ``(h) Required Reporting and Auditing; Transitional 
     Increase in Federal Matching Percentage for Certain 
     Administrative Expenses.--
       ``(1) Auditing of cms-64 data.--The Secretary shall conduct 
     for each State an audit of the number of individuals and 
     expenditures reported through the CMS-64 report for the 
     State's per capita base period, fiscal year 2019, and each 
     subsequent fiscal year, which audit may be conducted on a 
     representative sample (as determined by the Secretary).
       ``(2) Auditing of state spending.--The Inspector General of 
     the Department of Health and Human Services shall conduct an 
     audit (which shall be conducted using random sampling, as 
     determined by the Inspector General) of each State's spending 
     under this section not less than once every 3 years.
       ``(3) Temporary increase in federal matching percentage to 
     support improved data reporting systems for fiscal years 2018 
     and 2019.--In the case of any State that selects as its per 
     capita base period the most recent 8 consecutive quarter 
     period for which the data necessary to make the 
     determinations required under this section is available, for 
     amounts expended during calendar quarters beginning on or 
     after October 1, 2017, and before October 1, 2019--
       ``(A) the Federal matching percentage applied under section 
     1903(a)(3)(A)(i) shall be increased by 10 percentage points 
     to 100 percent; and
       ``(B) the Federal matching percentage applied under section 
     1903(a)(3)(B) shall be increased by 25 percentage points to 
     100 percent.
       ``(4) HHS report on adoption of t-msis data.--Not later 
     than January 1, 2025, the Secretary shall submit to Congress 
     a report making recommendations as to whether data from the 
     Transformed Medicaid Statistical Information System would be 
     preferable to CMS-64 report data for purposes of making the 
     determinations necessary under this section.''.
       (b) Ensuring Access to Home and Community Based Services.--
     Section 1915 of the Social Security Act (42 U.S.C. 1396n) is 
     amended by adding at the end the following new subsection:
       ``(l) Incentive Payments for Home and Community-based 
     Services.--
       ``(1) In general.--The Secretary shall establish a 
     demonstration project (referred to in this subsection as the 
     `demonstration project') under which eligible States may make 
     HCBS payment adjustments for the purpose of continuing to 
     provide and improving the quality of home and community-based 
     services provided under a waiver under subsection (c) or (d) 
     or a State plan amendment under subsection (i).
       ``(2) Selection of eligible states.--
       ``(A) Application.--A State seeking to participate in the 
     demonstration project shall submit to the Secretary, at such 
     time and in such manner as the Secretary shall require, an 
     application that includes--
       ``(i) an assurance that any HCBS payment adjustment made by 
     the State under this subsection will comply with the health 
     and welfare and financial accountability safeguards taken by 
     the State under subsection (c)(2)(A); and
       ``(ii) such other information and assurances as the 
     Secretary shall require.
       ``(B) Selection.--The Secretary shall select States to 
     participate in the demonstration project on a competitive 
     basis except that, in making selections under this paragraph, 
     the Secretary shall give priority to any State that is one of 
     the 15 States in the United States with the lowest population 
     density, as determined by the Secretary based on data from 
     the Bureau of the Census.

[[Page S4550]]

       ``(3) Term of demonstration project.--The demonstration 
     project shall be conducted for the 4-year period beginning on 
     January 1, 2020, and ending on December 31, 2023.
       ``(4) State allotments and increased fmap for payment 
     adjustments.--
       ``(A) In general.--
       ``(i) Annual allotment.--Subject to clause (ii), for each 
     year of the demonstration project, the Secretary shall allot 
     an amount to each State that is an eligible State for the 
     year.
       ``(ii) Limitation on federal spending.--The aggregate 
     amount that may be allotted to eligible States under clause 
     (i) for all years of the demonstration project shall not 
     exceed $8,000,000,000.
       ``(B) FMAP applicable to hcbs payment adjustments.--For 
     each year of the demonstration project, notwithstanding 
     section 1905(b) but subject to the limitations described in 
     subparagraph (C), the Federal medical assistance percentage 
     applicable with respect to expenditures by an eligible State 
     that are attributable to HCBS payment adjustments shall be 
     equal to (and shall in no case exceed) 100 percent.
       ``(C) Individual provider and allotment limitations.--
     Payment under section 1903(a) shall not be made to an 
     eligible State for expenditures for a year that are 
     attributable to an HCBS payment adjustment--
       ``(i) that is paid to a single provider and exceeds a 
     percentage which shall be established by the Secretary of the 
     payment otherwise made to the provider; or
       ``(ii) to the extent that the aggregate amount of HCBS 
     payment adjustments made by the State in the year exceeds the 
     amount allotted to the State for the year under clause (i).
       ``(5) Reporting and evaluation.--
       ``(A) In general.--As a condition of receiving the 
     increased Federal medical assistance percentage described in 
     paragraph (4)(B), each eligible State shall collect and 
     report information, as determined necessary by the Secretary, 
     for the purposes of providing Federal oversight and 
     evaluating the State's compliance with the health and welfare 
     and financial accountability safeguards taken by the State 
     under subsection (c)(2)(A).
       ``(B) Forms.--Expenditures by eligible States on HCBS 
     payment adjustments shall be separately reported on the CMS-
     64 Form and in T-MSIS.
       ``(6) Definitions.--In this subsection:
       ``(A) Eligible state.--The term `eligible State' means a 
     State that--
       ``(i) is one of the 50 States or the District of Columbia;
       ``(ii) has in effect--

       ``(I) a waiver under subsection (c) or (d); or
       ``(II) a State plan amendment under subsection (i);

       ``(iii) submits an application under paragraph (2)(A); and
       ``(iv) is selected by the Secretary to participate in the 
     demonstration project.
       ``(B) HCBS payment adjustment.--The term `HCBS payment 
     adjustment' means a payment adjustment made by an eligible 
     State to the amount of payment otherwise provided under a 
     waiver under subsection (c) or (d) or a State plan amendment 
     under subsection (i) for a home and community-based service 
     which is provided to a 1903A enrollee (as defined in section 
     1903A(e)(1)) who is in the enrollee category described in 
     subparagraph (A) or (B) of section 1903A(e)(2).''.

     SEC. 127. FLEXIBLE BLOCK GRANT OPTION FOR STATES.

       Title XIX of the Social Security Act, as previously 
     amended, is further amended by inserting after section 1903A 
     the following new section:

     ``SEC. 1903B. MEDICAID FLEXIBILITY PROGRAM.

       ``(a) In General.--Beginning with fiscal year 2020, any 
     State (as defined in subsection (e)) that has an application 
     approved by the Secretary under subsection (b) may conduct a 
     Medicaid Flexibility Program to provide targeted health 
     assistance to program enrollees.
       ``(b) State Application.--
       ``(1) In general.--To be eligible to conduct a Medicaid 
     Flexibility Program, a State shall submit an application to 
     the Secretary that meets the requirements of this subsection.
       ``(2) Contents of application.--An application under this 
     subsection shall include the following:
       ``(A) A description of the proposed Medicaid Flexibility 
     Program and how the State will satisfy the requirements 
     described in subsection (d).
       ``(B) The proposed conditions for eligibility of program 
     enrollees.
       ``(C) The applicable program enrollee category (as defined 
     in subsection (e)(1)).
       ``(D) A description of the types, amount, duration, and 
     scope of services which will be offered as targeted health 
     assistance under the program, including a description of the 
     proposed package of services which will be provided to 
     program enrollees to whom the State would otherwise be 
     required to make medical assistance available under section 
     1902(a)(10)(A)(i).
       ``(E) A description of how the State will notify 
     individuals currently enrolled in the State plan for medical 
     assistance under this title of the transition to such 
     program.
       ``(F) Statements certifying that the State agrees to--
       ``(i) submit regular enrollment data with respect to the 
     program to the Centers for Medicare & Medicaid Services at 
     such time and in such manner as the Secretary may require;
       ``(ii) submit timely and accurate data to the Transformed 
     Medicaid Statistical Information System (T-MSIS);
       ``(iii) report annually to the Secretary on adult health 
     quality measures implemented under the program and 
     information on the quality of health care furnished to 
     program enrollees under the program as part of the annual 
     report required under section 1139B(d)(1);
       ``(iv) submit such additional data and information not 
     described in any of the preceding clauses of this 
     subparagraph but which the Secretary determines is necessary 
     for monitoring, evaluation, or program integrity purposes, 
     including--

       ``(I) survey data, such as the data from Consumer 
     Assessment of Healthcare Providers and Systems (CAHPS) 
     surveys;
       ``(II) birth certificate data; and
       ``(III) clinical patient data for quality measurements 
     which may not be present in a claim, such as laboratory data, 
     body mass index, and blood pressure; and

       ``(v) on an annual basis, conduct a report evaluating the 
     program and make such report available to the public.
       ``(G) An information technology systems plan demonstrating 
     that the State has the capability to support the 
     technological administration of the program and comply with 
     reporting requirements under this section.
       ``(H) A statement of the goals of the proposed program, 
     which shall include--
       ``(i) goals related to quality, access, rate of growth 
     targets, consumer satisfaction, and outcomes;
       ``(ii) a plan for monitoring and evaluating the program to 
     determine whether such goals are being met; and
       ``(iii) a proposed process for the State, in consultation 
     with the Centers for Medicare & Medicaid Services, to take 
     remedial action to make progress on unmet goals.
       ``(I) Such other information as the Secretary may require.
       ``(3) State notice and comment period.--
       ``(A) In general.--Before submitting an application under 
     this subsection, a State shall make the application publicly 
     available for a 30 day notice and comment period.
       ``(B) Notice and comment process.--During the notice and 
     comment period described in subparagraph (A), the State shall 
     provide opportunities for a meaningful level of public input, 
     which shall include public hearings on the proposed Medicaid 
     Flexibility Program.
       ``(4) Federal notice and comment period.--The Secretary 
     shall not approve of any application to conduct a Medicaid 
     Flexibility Program without making such application publicly 
     available for a 30 day notice and comment period.
       ``(5) Timeline for submission.--
       ``(A) In general.--A State may submit an application under 
     this subsection to conduct a Medicaid Flexibility Program 
     that would begin in the next fiscal year at any time, subject 
     to subparagraph (B).
       ``(B) Deadlines.--Each year beginning with 2019, the 
     Secretary shall specify a deadline for submitting an 
     application under this subsection to conduct a Medicaid 
     Flexibility Program that would begin in the next fiscal year, 
     but such deadline shall not be earlier than 60 days after the 
     date that the Secretary publishes the amounts of State block 
     grants as required under subsection (c)(4).
       ``(c) Financing.--
       ``(1) In general.--For each fiscal year during which a 
     State is conducting a Medicaid Flexibility Program, the State 
     shall receive, instead of amounts otherwise payable to the 
     State under this title for medical assistance for program 
     enrollees, the amount specified in paragraph (3)(A).
       ``(2) Amount of block grant funds.--
       ``(A) In general.--The block grant amount under this 
     paragraph for a State and year shall be equal to the sum of 
     the amounts determined under subparagraph (B) for each 1903A 
     enrollee category within the applicable program enrollee 
     category for the State and year.
       ``(B) Enrollee category amounts.--
       ``(i) For initial year.--Subject to subparagraph (C), for 
     the first fiscal year in which a 1903A enrollee category is 
     included in the applicable program enrollee category for a 
     Medicaid Flexibility Program conducted by the State, the 
     amount determined under this subparagraph for the State, 
     year, and category shall be equal to the Federal average 
     medical assistance matching percentage (as defined in section 
     1903A(a)(4)) for the State and year multiplied by the product 
     of--

       ``(I) the target per capita medical assistance expenditures 
     (as defined in section 1903A(c)(2)) for the State, year, and 
     category; and
       ``(II) the number of 1903A enrollees in such category for 
     the State for the second fiscal year preceding such first 
     fiscal year, increased by the percentage increase in State 
     population from such second preceding fiscal year to such 
     first fiscal year, based on the best available estimates of 
     the Bureau of the Census.

       ``(ii) For any subsequent year.--For any fiscal year that 
     is not the first fiscal year in which a 1903A enrollee 
     category is included in the applicable program enrollee 
     category for a Medicaid Flexibility Program conducted by the 
     State, the block grant amount under this paragraph for the 
     State, year, and category shall be equal to the amount 
     determined for the State and category for the most recent 
     previous fiscal year in which the

[[Page S4551]]

     State conducted a Medicaid Flexibility Program that included 
     such category, except that such amount shall be increased by 
     the percentage increase in the consumer price index for all 
     urban consumers (U.S. city average) from April of the second 
     fiscal year preceding the fiscal year involved to April of 
     the fiscal year preceding the fiscal year involved.
       ``(C) Cap on total population of 1903a enrollees for 
     purposes of block grant calculation.--
       ``(i) In general.--In calculating the amount of a block 
     grant for the first year in which a 1903A enrollee category 
     is included in the applicable program enrollee category for a 
     Medicaid Flexibility Program conducted by the State under 
     subparagraph (B)(i), the total number of 1903A enrollees in 
     such 1903A enrollee category for the State and year shall not 
     exceed the adjusted number of base period enrollees for the 
     State (as defined in clause (ii)).
       ``(ii) Adjusted number of base period enrollees.--The term 
     `adjusted number of base period enrollees' means, with 
     respect to a State and 1903A enrollee category, the number of 
     1903A enrollees in the enrollee category for the State for 
     the State's per capita base period (as determined under 
     section 1903A(e)(4)), increased by the percentage increase, 
     if any, in the total State population from the last April in 
     the State's per capita base period to April of the fiscal 
     year preceding the fiscal year involved (determined using the 
     best available data from the Bureau of the Census) plus 3 
     percentage points.
       ``(3) Federal payment and state maintenance of effort.--
       ``(A) Federal payment.--Subject to subparagraphs (D) and 
     (E), the Secretary shall pay to each State conducting a 
     Medicaid Flexibility Program under this section for a fiscal 
     year, from its block grant amount under paragraph (2) for 
     such year, an amount for each quarter of such year equal to 
     the Federal average medical assistance percentage (as defined 
     in section 1903A(a)(4)) of the total amount expended under 
     the program during such quarter as targeted health 
     assistance, and the State is responsible for the balance of 
     the funds to carry out such program.
       ``(B) State maintenance of effort expenditures.--For each 
     year during which a State is conducting a Medicaid 
     Flexibility Program, the State shall make expenditures for 
     targeted health assistance under the program in an amount 
     equal to the product of--
       ``(i) the block grant amount determined for the State and 
     year under paragraph (2); and
       ``(ii) the enhanced FMAP described in the first sentence of 
     section 2105(b) for the State and year.
       ``(C) Reduction in block grant amount for states failing to 
     meet moe requirement.--
       ``(i) In general.--In the case of a State conducting a 
     Medicaid Flexibility Program that makes expenditures for 
     targeted health assistance under the program for a fiscal 
     year in an amount that is less than the required amount for 
     the fiscal year under subparagraph (B), the amount of the 
     block grant determined for the State under paragraph (2) for 
     the succeeding fiscal year shall be reduced by the amount by 
     which such expenditures are less than such required amount.
       ``(ii) Disregard of reduction.--For purposes of determining 
     the amount of a State block grant under paragraph (2), any 
     reduction made under this subparagraph to a State's block 
     grant amount in a previous fiscal year shall be disregarded.
       ``(iii) Application to states that terminate program.--In 
     the case of a State described in clause (i) that terminates 
     the State Medicaid Flexibility Program under subsection 
     (d)(2)(B) and such termination is effective with the end of 
     the fiscal year in which the State fails to make the required 
     amount of expenditures under subparagraph (B), the reduction 
     amount determined for the State and succeeding fiscal year 
     under clause (i) shall be treated as an overpayment under 
     this title.
       ``(D) Reduction for noncompliance.--If the Secretary 
     determines that a State conducting a Medicaid Flexibility 
     Program is not complying with the requirements of this 
     section, the Secretary may withhold payments, reduce 
     payments, or recover previous payments to the State under 
     this section as the Secretary deems appropriate.
       ``(E) Additional federal payments during public health 
     emergency.--
       ``(i) In general.--In the case of a State and fiscal year 
     or portion of a fiscal year for which the Secretary has 
     excluded expenditures under section 1903A(b)(6), if the State 
     has uncompensated targeted health assistance expenditures for 
     the year or portion of a year, the Secretary may make an 
     additional payment to such State equal to the Federal average 
     medical assistance percentage (as defined in section 
     1903A(a)(4)) for the year or portion of a year of the amount 
     of such uncompensated targeted health assistance 
     expenditures, except that the amount of such payment shall 
     not exceed the amount determined for the State and year or 
     portion of a year under clause (ii).
       ``(ii) Maximum amount of additional payment.--The amount 
     determined for a State and fiscal year or portion of a fiscal 
     year under this subparagraph shall not exceed the Federal 
     average medical assistance percentage (as defined in section 
     1903A(a)(4)) for such year or portion of a year of the amount 
     by which--

       ``(I) the amount of State expenditures for targeted health 
     assistance for program enrollees in areas of the State which 
     are subject to a declaration described in section 
     1903A(b)(6)(A)(i) for the year or portion of a year; exceeds
       ``(II) the amount of such expenditures for such enrollees 
     in such areas during the most recent fiscal year involved (or 
     portion of a fiscal year of equal length to the portion of a 
     fiscal year involved) during which no such declaration was in 
     effect.

       ``(iii) Uncompensated targeted health assistance.--In this 
     subparagraph, the term `uncompensated targeted health 
     assistance expenditures' means, with respect to a State and 
     fiscal year or portion of a fiscal year, an amount equal to 
     the amount (if any) by which--

       ``(I) the total amount expended by the State under the 
     program for targeted health assistance for the year or 
     portion of a year; exceeds
       ``(II) the amount equal to the amount of the block grant 
     (reduced, in the case of a portion of a year, to the same 
     proportion of the full block grant amount that the portion of 
     the year bears to the whole year) divided by the Federal 
     average medical assistance percentage for the year or portion 
     of a year.

       ``(iv) Review.--If the Secretary makes a payment to a State 
     for a fiscal year or portion of a fiscal year, the Secretary 
     shall, not later than 6 months after the declaration 
     described in section 1903A(b)(6)(A)(i) ceases to be in 
     effect, conduct an audit of the State's targeted health 
     assistance expenditures for program enrollees during the year 
     or portion of a year to ensure that all of the expenditures 
     for which the additional payment was made were made for the 
     purpose of ensuring that the health care needs of program 
     enrollees in areas affected by a public health emergency are 
     met.
       ``(4) Determination and publication of block grant 
     amount.--Beginning in 2019 and each year thereafter, the 
     Secretary shall determine for each State, regardless of 
     whether the State is conducting a Medicaid Flexibility 
     Program or has submitted an application to conduct such a 
     program, the amount of the block grant for the State under 
     paragraph (2) which would apply for the upcoming fiscal year 
     if the State were to conduct such a program in such fiscal 
     year, and shall publish such determinations not later than 
     June 1 of each year.
       ``(d) Program Requirements.--
       ``(1) In general.--No payment shall be made under this 
     section to a State conducting a Medicaid Flexibility Program 
     unless such program meets the requirements of this 
     subsection.
       ``(2) Term of program.--
       ``(A) In general.--A State Medicaid Flexibility Program 
     approved under subsection (b)--
       ``(i) shall be conducted for not less than 1 program 
     period;
       ``(ii) at the option of the State, may be continued for 
     succeeding program periods without resubmitting an 
     application under subsection (b), provided that--

       ``(I) the State provides notice to the Secretary of its 
     decision to continue the program; and
       ``(II) no significant changes are made to the program; and

       ``(iii) shall be subject to termination only by the State, 
     which may terminate the program by making an election under 
     subparagraph (B).
       ``(B) Election to terminate program.--
       ``(i) In general.--Subject to clause (ii), a State 
     conducting a Medicaid Flexibility Program may elect to 
     terminate the program effective with the first day after the 
     end of the program period in which the State makes the 
     election.
       ``(ii) Transition plan requirement.--A State may not elect 
     to terminate a Medicaid Flexibility Program unless the State 
     has in place an appropriate transition plan approved by the 
     Secretary.
       ``(iii) Effect of termination.--If a State elects to 
     terminate a Medicaid Flexibility Program, the per capita cap 
     limitations under section 1903A shall apply effective with 
     the day described in clause (i), and such limitations shall 
     be applied as if the State had never conducted a Medicaid 
     Flexibility Program.
       ``(3) Provision of targeted health assistance.--
       ``(A) In general.--A State Medicaid Flexibility Program 
     shall provide targeted health assistance to program enrollees 
     and such assistance shall be instead of medical assistance 
     which would otherwise be provided to the enrollees under this 
     title.
       ``(B) Conditions for eligibility.--
       ``(i) In general.--A State conducting a Medicaid 
     Flexibility Program shall establish conditions for 
     eligibility of program enrollees, which shall be instead of 
     other conditions for eligibility under this title, except 
     that the program must provide for eligibility for program 
     enrollees to whom the State would otherwise be required to 
     make medical assistance available under section 
     1902(a)(10)(A)(i).
       ``(ii) MAGI.--Any determination of income necessary to 
     establish the eligibility of a program enrollee for purposes 
     of a State Medicaid Flexibility Program shall be made using 
     modified adjusted gross income in accordance with section 
     1902(e)(14).
       ``(4) Benefits and services.--
       ``(A) Required services.--In the case of program enrollees 
     to whom the State would otherwise be required to make medical 
     assistance available under section

[[Page S4552]]

     1902(a)(10)(A)(i), a State conducting a Medicaid Flexibility 
     Program shall provide as targeted health assistance the 
     following types of services:
       ``(i) Inpatient and outpatient hospital services.
       ``(ii) Laboratory and X-ray services.
       ``(iii) Nursing facility services for individuals aged 21 
     and older.
       ``(iv) Physician services.
       ``(v) Home health care services (including home nursing 
     services, medical supplies, equipment, and appliances).
       ``(vi) Rural health clinic services (as defined in section 
     1905(l)(1)).
       ``(vii) Federally-qualified health center services (as 
     defined in section 1905(l)(2)).
       ``(viii) Family planning services and supplies.
       ``(ix) Nurse midwife services.
       ``(x) Certified pediatric and family nurse practitioner 
     services.
       ``(xi) Freestanding birth center services (as defined in 
     section 1905(l)(3)).
       ``(xii) Emergency medical transportation.
       ``(xiii) Non-cosmetic dental services.
       ``(xiv) Pregnancy-related services, including postpartum 
     services for the 12-week period beginning on the last day of 
     a pregnancy.
       ``(B) Optional benefits.--A State may, at its option, 
     provide services in addition to the services described in 
     subparagraph (A) as targeted health assistance under a 
     Medicaid Flexibility Program.
       ``(C) Benefit packages.--
       ``(i) In general.--The targeted health assistance provided 
     by a State to any group of program enrollees under a Medicaid 
     Flexibility Program shall have an aggregate actuarial value 
     that is equal to at least 95 percent of the aggregate 
     actuarial value of the benchmark coverage described in 
     subsection (b)(1) of section 1937 or benchmark-equivalent 
     coverage described in subsection (b)(2) of such section, as 
     such subsections were in effect prior to the enactment of the 
     Patient Protection and Affordable Care Act.
       ``(ii) Amount, duration, and scope of benefits.--Subject to 
     clause (i), the State shall determine the amount, duration, 
     and scope with respect to services provided as targeted 
     health assistance under a Medicaid Flexibility Program, 
     including with respect to services that are required to be 
     provided to certain program enrollees under subparagraph (A) 
     except as otherwise provided under such subparagraph.
       ``(iii) Mental health and substance use disorder coverage 
     and parity.--The targeted health assistance provided by a 
     State to program enrollees under a Medicaid Flexibility 
     Program shall include mental health services and substance 
     use disorder services and the financial requirements and 
     treatment limitations applicable to such services under the 
     program shall comply with the requirements of section 2726 of 
     the Public Health Service Act in the same manner as such 
     requirements apply to a group health plan.
       ``(iv) Prescription drugs.--If the targeted health 
     assistance provided by a State to program enrollees under a 
     Medicaid Flexibility Program includes assistance for covered 
     outpatient drugs, such drugs shall be subject to a rebate 
     agreement that complies with the requirements of section 
     1927, and any requirements applicable to medical assistance 
     for covered outpatient drugs under a State plan (including 
     the requirement that the State provide information to a 
     manufacturer) shall apply in the same manner to targeted 
     health assistance for covered outpatient drugs under a 
     Medicaid Flexibility Program.
       ``(D) Cost sharing.--A State conducting a Medicaid 
     Flexibility Program may impose premiums, deductibles, cost-
     sharing, or other similar charges, except that the total 
     annual aggregate amount of all such charges imposed with 
     respect to all program enrollees in a family shall not exceed 
     5 percent of the family's income for the year involved.
       ``(5) Administration of program.--Each State conducting a 
     Medicaid Flexibility Program shall do the following:
       ``(A) Single agency.--Designate a single State agency 
     responsible for administering the program.
       ``(B) Enrollment simplification and coordination with state 
     health insurance exchanges.--Provide for simplified 
     enrollment processes (such as online enrollment and 
     reenrollment and electronic verification) and coordination 
     with State health insurance exchanges.
       ``(C) Beneficiary protections.--Establish a fair process 
     (which the State shall describe in the application required 
     under subsection (b)) for individuals to appeal adverse 
     eligibility determinations with respect to the program.
       ``(6) Application of rest of title xix.--
       ``(A) In general.--To the extent that a provision of this 
     section is inconsistent with another provision of this title, 
     the provision of this section shall apply.
       ``(B) Application of section 1903a.--With respect to a 
     State that is conducting a Medicaid Flexibility Program, 
     section 1903A shall be applied as if program enrollees were 
     not 1903A enrollees for each program period during which the 
     State conducts the program.
       ``(C) Waivers and state plan amendments.--
       ``(i) In general.--In the case of a State conducting a 
     Medicaid Flexibility Program that has in effect a waiver or 
     State plan amendment, such waiver or amendment shall not 
     apply with respect to the program, targeted health assistance 
     provided under the program, or program enrollees.
       ``(ii) Replication of waiver or amendment.--In designing a 
     Medicaid Flexibility Program, a State may mirror provisions 
     of a waiver or State plan amendment described in clause (i) 
     in the program to the extent that such provisions are 
     otherwise consistent with the requirements of this section.
       ``(iii) Effect of termination.--In the case of a State 
     described in clause (i) that terminates its program under 
     subsection (d)(2)(B), any waiver or amendment which was 
     limited pursuant to subparagraph (A) shall cease to be so 
     limited effective with the effective date of such 
     termination.
       ``(D) Nonapplication of provisions.--With respect to the 
     design and implementation of Medicaid Flexibility Programs 
     conducted under this section, paragraphs (1), (10)(B), (17), 
     and (23) of section 1902(a), as well as any other provision 
     of this title (except for this section and as otherwise 
     provided by this section) that the Secretary deems 
     appropriate, shall not apply.
       ``(e) Definitions.--For purposes of this section:
       ``(1) Applicable program enrollee category.--The term 
     `applicable program enrollee category' means, with respect to 
     a State Medicaid Flexibility Program for a program period, 
     any of the following as specified by the State for the period 
     in its application under subsection (b):
       ``(A) 2 enrollee categories.--Both of the 1903A enrollee 
     categories described in subparagraphs (D) and (E) of section 
     1903A(e)(2).
       ``(B) Expansion enrollees.--The 1903A enrollee category 
     described in subparagraph (D) of section 1903A(e)(2).
       ``(C) Nonelderly, nondisabled, nonexpansion adults.--The 
     1903A enrollee category described in subparagraph (E) of 
     section 1903A(e)(2).
       ``(2) Medicaid flexibility program.--The term `Medicaid 
     Flexibility Program' means a State program for providing 
     targeted health assistance to program enrollees funded by a 
     block grant under this section.
       ``(3) Program enrollee.--
       ``(A) In general.--The term `program enrollee' means, with 
     respect to a State that is conducting a Medicaid Flexibility 
     Program for a program period, an individual who is a 1903A 
     enrollee (as defined in section 1903A(e)(1)) who is in the 
     applicable program enrollee category specified by the State 
     for the period.
       ``(B) Rule of construction.--For purposes of section 
     1903A(e)(3), eligibility and enrollment of an individual 
     under a Medicaid Flexibility Program shall be deemed to be 
     eligibility and enrollment under a State plan (or waiver of 
     such plan) under this title.
       ``(4) Program period.--The term `program period' means, 
     with respect to a State Medicaid Flexibility Program, a 
     period of 5 consecutive fiscal years that begins with 
     either--
       ``(A) the first fiscal year in which the State conducts the 
     program; or
       ``(B) the next fiscal year in which the State conducts such 
     a program that begins after the end of a previous program 
     period.
       ``(5) State.--The term `State' means one of the 50 States 
     or the District of Columbia.
       ``(6) Targeted health assistance.--The term `targeted 
     health assistance' means assistance for health-care-related 
     items and medical services for program enrollees.''.

     SEC. 128. MEDICAID AND CHIP QUALITY PERFORMANCE BONUS 
                   PAYMENTS.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b), 
     as previously amended, is further amended by adding at the 
     end the following new subsection:
       ``(bb) Quality Performance Bonus Payments.--
       ``(1) Increased federal share.--With respect to each of 
     fiscal years 2023 through 2026, in the case of one of the 50 
     States or the District of Columbia (each referred to in this 
     subsection as a `State') that--
       ``(A) equals or exceeds the qualifying amount (as 
     established by the Secretary) of lower than expected 
     aggregate medical assistance expenditures (as defined in 
     paragraph (4)) for that fiscal year; and
       ``(B) submits to the Secretary, in accordance with such 
     manner and format as specified by the Secretary and for the 
     performance period (as defined by the Secretary) for such 
     fiscal year--
       ``(i) information on the applicable quality measures 
     identified under paragraph (3) with respect to each category 
     of Medicaid eligible individuals under the State plan or a 
     waiver of such plan; and
       ``(ii) a plan for spending a portion of additional funds 
     resulting from application of this subsection on quality 
     improvement within the State plan under this title or under a 
     waiver of such plan,
     the Federal matching percentage otherwise applied under 
     subsection (a)(7) for such fiscal year shall be increased by 
     such percentage (as determined by the Secretary) so that the 
     aggregate amount of the resulting increase pursuant to this 
     subsection for the State and fiscal year does not exceed the 
     State allotment established under paragraph (2) for the State 
     and fiscal year.
       ``(2) Allotment determination.--The Secretary shall 
     establish a formula for computing State allotments under this 
     paragraph for each fiscal year described in paragraph (1) 
     such that--
       ``(A) such an allotment to a State is determined based on 
     the performance, including improvement, of such State under 
     this title and title XXI with respect to the quality measures 
     submitted under paragraph (3) by

[[Page S4553]]

     such State for the performance period (as defined by the 
     Secretary) for such fiscal year; and
       ``(B) the total of the allotments under this paragraph for 
     all States for the period of the fiscal years described in 
     paragraph (1) is equal to $8,000,000,000.
       ``(3) Quality measures required for bonus payments.--For 
     purposes of this subsection, the Secretary shall, pursuant to 
     rulemaking and after consultation with State agencies 
     administering State plans under this title, identify and 
     publish (and update as necessary) peer-reviewed quality 
     measures (which shall include health care and long-term care 
     outcome measures and may include the quality measures that 
     are overseen or developed by the National Committee for 
     Quality Assurance or the Agency for Healthcare Research and 
     Quality or that are identified under section 1139A or 1139B) 
     that are quantifiable, objective measures that take into 
     account the clinically appropriate measures of quality for 
     different types of patient populations receiving benefits or 
     services under this title or title XXI.
       ``(4) Lower than expected aggregate medical assistance 
     expenditures.--In this subsection, the term `lower than 
     expected aggregate medical assistance expenditures' means, 
     with respect to a State the amount (if any) by which--
       ``(A) the amount of the adjusted total medical assistance 
     expenditures for the State and fiscal year determined in 
     section 1903A(b)(1) without regard to the 1903A enrollee 
     category described in section 1903A(e)(2)(E); is less than
       ``(B) the amount of the target total medical assistance 
     expenditures for the State and fiscal year determined in 
     section 1903A(c) without regard to the 1903A enrollee 
     category described in section 1903A(e)(2)(E).''.

     SEC. 129. OPTIONAL ASSISTANCE FOR CERTAIN INPATIENT 
                   PSYCHIATRIC SERVICES.

       (a) State Option.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (1) in subsection (a)--
       (A) in paragraph (16)--
       (i) by striking ``and, (B)'' and inserting ``(B)''; and
       (ii) by inserting before the semicolon at the end the 
     following: ``, and (C) subject to subsection (h)(4), 
     qualified inpatient psychiatric hospital services (as defined 
     in subsection (h)(3)) for individuals who are over 21 years 
     of age and under 65 years of age''; and
       (B) in the subdivision (B) that follows paragraph (29), by 
     inserting ``(other than services described in subparagraph 
     (C) of paragraph (16) for individuals described in such 
     subparagraph)'' after ``patient in an institution for mental 
     diseases''; and
       (2) in subsection (h), by adding at the end the following 
     new paragraphs:
       ``(3) For purposes of subsection (a)(16)(C), the term 
     `qualified inpatient psychiatric hospital services' means, 
     with respect to individuals described in such subsection, 
     services described in subparagraph (B) of paragraph (1) that 
     are not otherwise covered under subsection (a)(16)(A) and are 
     furnished--
       ``(A) in an institution (or distinct part thereof) which is 
     a psychiatric hospital (as defined in section 1861(f)); and
       ``(B) with respect to such an individual, for a period not 
     to exceed 30 consecutive days in any month and not to exceed 
     90 days in any calendar year.
       ``(4) As a condition for a State including qualified 
     inpatient psychiatric hospital services as medical assistance 
     under subsection (a)(16)(C), the State must (during the 
     period in which it furnishes medical assistance under this 
     title for services and individuals described in such 
     subsection)--
       ``(A) maintain at least the number of licensed beds at 
     psychiatric hospitals owned, operated, or contracted for by 
     the State that were being maintained as of the date of the 
     enactment of this paragraph or, if higher, as of the date the 
     State applies to the Secretary to include medical assistance 
     under such subsection; and
       ``(B) maintain on an annual basis a level of funding 
     expended by the State (and political subdivisions thereof) 
     other than under this title from non-Federal funds for 
     inpatient services in an institution described in paragraph 
     (3)(A), and for active psychiatric care and treatment 
     provided on an outpatient basis, that is not less than the 
     level of such funding for such services and care as of the 
     date of the enactment of this paragraph or, if higher, as of 
     the date the State applies to the Secretary to include 
     medical assistance under such subsection.''.
       (b) Special Matching Rate.--Section 1905(b) of the Social 
     Security Act (42 U.S.C. 1395d(b)) is amended by adding at the 
     end the following: ``Notwithstanding the previous provisions 
     of this subsection, the Federal medical assistance percentage 
     shall be 50 percent with respect to medical assistance for 
     services and individuals described in subsection 
     (a)(16)(C).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to qualified inpatient psychiatric hospital 
     services furnished on or after October 1, 2018.

     SEC. 130. ENHANCED FMAP FOR MEDICAL ASSISTANCE TO ELIGIBLE 
                   INDIANS.

       Section 1905(b) of the Social Security Act (42 U.S.C. 
     1396d(b)) is amended, in the third sentence, by inserting 
     ``and with respect to amounts expended by a State as medical 
     assistance for services provided by any other provider under 
     the State plan to an individual who is a member of an Indian 
     tribe who is eligible for assistance under the State plan'' 
     before the period.

     SEC. 131. SMALL BUSINESS HEALTH PLANS.

       (a) Tax Treatment of Small Business Health Plans.--A small 
     business health plan (as defined in section 801(a) of the 
     Employee Retirement Income Security Act of 1974) shall be 
     treated--
       (1) as a group health plan (as defined in section 2791 of 
     the Public Health Service Act (42 U.S.C. 300gg-91)) for 
     purposes of applying title XXVII of the Public Health Service 
     Act (42 U.S.C. 300gg et seq.) and title XXII of such Act (42 
     U.S.C. 300bb-1);
       (2) as a group health plan (as defined in section 
     5000(b)(1) of the Internal Revenue Code of 1986) for purposes 
     of applying sections 4980B and 5000 and chapter 100 of the 
     Internal Revenue Code of 1986; and
       (3) as a group health plan (as defined in section 733(a)(1) 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1191b(a)(1))) for purposes of applying parts 6 and 7 
     of title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1161 et seq.).
       (b) Rules.--Subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1021 et 
     seq.) is amended by adding at the end the following new part:

      ``PART 8--RULES GOVERNING SMALL BUSINESS RISK SHARING POOLS

     ``SEC. 801. SMALL BUSINESS HEALTH PLANS.

       ``(a) In General.--For purposes of this part, the term 
     `small business health plan' means a fully insured group 
     health plan, offered by a health insurance issuer in the 
     large group market, whose sponsor is described in subsection 
     (b).
       ``(b) Sponsor.--The sponsor of a group health plan is 
     described in this subsection if such sponsor--
       ``(1) is a qualified sponsor and receives certification by 
     the Secretary;
       ``(2) is organized and maintained in good faith, with a 
     constitution or bylaws specifically stating its purpose and 
     providing for periodic meetings on at least an annual basis;
       ``(3) is established as a permanent entity;
       ``(4) is established for a purpose other than providing 
     health benefits to its members, such as an organization 
     established as a bona fide trade association, franchise, or 
     section 7705 organization; and
       ``(5) does not condition membership on the basis of a 
     minimum group size.

     ``SEC. 802. FILING FEE AND CERTIFICATION OF SMALL BUSINESS 
                   HEALTH PLANS.

       ``(a) Filing Fee.--A small business health plan shall pay 
     to the Secretary at the time of filing an application for 
     certification under subsection (b) a filing fee in the amount 
     of $5,000, which shall be available to the Secretary for the 
     sole purpose of administering the certification procedures 
     applicable with respect to small business health plans.
       ``(b) Certification.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of this part, the Secretary shall prescribe by 
     interim final rule a procedure under which the Secretary--
       ``(A) will certify a qualified sponsor of a small business 
     health plan, upon receipt of an application that includes the 
     information described in paragraph (2);
       ``(B) may provide for continued certification of small 
     business health plans under this part;
       ``(C) shall provide for the revocation of a certification 
     if the applicable authority finds that the small business 
     health plan involved fails to comply with the requirements of 
     this part;
       ``(D) shall conduct oversight of certified plan sponsors, 
     including periodic review, and consistent with section 504, 
     applying the requirements of sections 518, 519, and 520; and
       ``(E) will consult with a State with respect to a small 
     business health plan domiciled in such State regarding the 
     Secretary's authority under this part and other enforcement 
     authority under sections 502 and 504.
       ``(2) Information to be included in application for 
     certification.--An application for certification under this 
     part meets the requirements of this section only if it 
     includes, in a manner and form which shall be prescribed by 
     the applicable authority by regulation, at least the 
     following information:
       ``(A) Identifying information.
       ``(B) States in which the plan intends to do business.
       ``(C) Bonding requirements.
       ``(D) Plan documents.
       ``(E) Agreements with service providers.
       ``(3) Requirements for certified plan sponsors.--Not later 
     than 6 months after the date of enactment of this part, the 
     Secretary shall prescribe by interim final rule requirements 
     for certified plan sponsors that include requirements 
     regarding--
       ``(A) structure and requirements for boards of trustees or 
     plan administrators;
       ``(B) notification of material changes; and
       ``(C) notification for voluntary termination.
       ``(c) Filing Notice of Certification With States.--A 
     certification granted under this part to a small business 
     health plan shall not be effective unless written notice of 
     such certification is filed by the plan sponsor with the 
     applicable State authority of each State in which the small 
     business health plan operates.
       ``(d) Expedited and Deemed Certification.--

[[Page S4554]]

       ``(1) In general.--If the Secretary fails to act on a 
     complete application for certification under this section 
     within 90 days of receipt of such complete application, the 
     applying small business health plan sponsor shall be deemed 
     certified until such time as the Secretary may deny for cause 
     the application for certification.
       ``(2) Penalty.--The Secretary may assess a penalty against 
     the board of trustees, plan administrator, and plan sponsor 
     (jointly and severally) of a small business health plan 
     sponsor that is deemed certified under paragraph (1) of up to 
     $500,000 in the event the Secretary determines that the 
     application for certification of such small business health 
     plan sponsor was willfully or with gross negligence 
     incomplete or inaccurate.

     ``SEC. 803. PARTICIPATION AND COVERAGE REQUIREMENTS.

       ``(a) Covered Employers and Individuals.--The requirements 
     of this subsection are met with respect to a small business 
     health plan if, under the terms of the plan--
       ``(1) each participating employer must be--
       ``(A) a member of the sponsor;
       ``(B) the sponsor; or
       ``(C) an affiliated member of the sponsor, except that, in 
     the case of a sponsor which is a professional association or 
     other individual-based association, if at least one of the 
     officers, directors, or employees of an employer, or at least 
     one of the individuals who are partners in an employer and 
     who actively participates in the business, is a member or 
     such an affiliated member of the sponsor, participating 
     employers may also include such employer; and
       ``(2) all individuals commencing coverage under the plan 
     after certification under this part must be--
       ``(A) active or retired owners (including self-employed 
     individuals with or without employees), officers, directors, 
     or employees of, or partners in, participating employers; or
       ``(B) the dependents of individuals described in 
     subparagraph (A).
       ``(b) Participating Employers.--In applying requirements 
     relating to coverage renewal, a participating employer shall 
     not be deemed to be a plan sponsor.
       ``(c) Prohibition of Discrimination Against Employers and 
     Employees Eligible to Participate.--The requirements of this 
     subsection are met with respect to a small business health 
     plan if--
       ``(1) under the terms of the plan, no participating 
     employer may provide health insurance coverage in the 
     individual market for any employee not covered under the 
     plan, if such exclusion of the employee from coverage under 
     the plan is based on a health status-related factor with 
     respect to the employee and such employee would, but for such 
     exclusion on such basis, be eligible for coverage under the 
     plan; and
       ``(2) information regarding all coverage options available 
     under the plan is made readily available to any employer 
     eligible to participate.

     ``SEC. 804. DEFINITIONS; RENEWAL.

       ``For purposes of this part:
       ``(1) Affiliated member.--The term `affiliated member' 
     means, in connection with a sponsor--
       ``(A) a person who is otherwise eligible to be a member of 
     the sponsor but who elects an affiliated status with the 
     sponsor, or
       ``(B) in the case of a sponsor with members which consist 
     of associations, a person who is a member or employee of any 
     such association and elects an affiliated status with the 
     sponsor.
       ``(2) Applicable state authority.--The term `applicable 
     State authority' means, with respect to a health insurance 
     issuer in a State, the State insurance commissioner or 
     official or officials designated by the State to enforce the 
     requirements of title XXVII of the Public Health Service Act 
     for the State involved with respect to such issuer.
       ``(3) Franchisor; franchisee.--The terms `franchisor' and 
     `franchisee' have the meanings given such terms for purposes 
     of sections 436.2(a) through 436.2(c) of title 16, Code of 
     Federal Regulations (including any such amendments to such 
     regulation after the date of enactment of this part) and, for 
     purposes of this part, franchisor or franchisee employers 
     participating in such a group health plan shall not be 
     treated as the employer, co-employer, or joint employer of 
     the employees of another participating franchisor or 
     franchisee employer for any purpose.
       ``(4) Health plan terms.--The terms `group health plan', 
     `health insurance coverage', and `health insurance issuer' 
     have the meanings given such terms in section 733.
       ``(5) Individual market.--
       ``(A) In general.--The term `individual market' means the 
     market for health insurance coverage offered to individuals 
     other than in connection with a group health plan.
       ``(B) Treatment of very small groups.--
       ``(i) In general.--Subject to clause (ii), such term 
     includes coverage offered in connection with a group health 
     plan that has fewer than 2 participants as current employees 
     or participants described in section 732(d)(3) on the first 
     day of the plan year.
       ``(ii) State exception.--Clause (i) shall not apply in the 
     case of health insurance coverage offered in a State if such 
     State regulates the coverage described in such clause in the 
     same manner and to the same extent as coverage in the small 
     group market (as defined in section 2791(e)(5) of the Public 
     Health Service Act) is regulated by such State.
       ``(6) Participating employer.--The term `participating 
     employer' means, in connection with a small business health 
     plan, any employer, if any individual who is an employee of 
     such employer, a partner in such employer, or a self-employed 
     individual who is such employer with or without employees (or 
     any dependent, as defined under the terms of the plan, of 
     such individual) is or was covered under such plan in 
     connection with the status of such individual as such an 
     employee, partner, or self-employed individual in relation to 
     the plan.
       ``(7) Section 7705 organization.--The term `section 7705 
     organization' means an organization providing services for a 
     customer pursuant to a contract meeting the conditions of 
     subparagraphs (A), (B), (C), (D), and (E) (but not (F)) of 
     section 7705(e)(2) of the Internal Revenue Code of 1986, 
     including an entity that is part of a section 7705 
     organization control group . For purposes of this part, any 
     reference to `member' shall include a customer of a section 
     7705 organization except with respect to references to a 
     `member' or `members' in paragraph (1).''.
       (c) Preemption Rules.--Section 514 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1144) is 
     amended by adding at the end the following:
       ``(f) The provisions of this title shall supersede any and 
     all State laws insofar as they may now or hereafter preclude 
     a health insurance issuer from offering health insurance 
     coverage in connection with a small business health plan 
     which is certified under part 8.''.
       (d) Plan Sponsor.--Section 3(16)(B) of such Act (29 U.S.C. 
     102(16)(B)) is amended by adding at the end the following new 
     sentence: ``Such term also includes a person serving as the 
     sponsor of a small business health plan under part 8.''.
       (e) Savings Clause.--Section 731(c) of such Act is amended 
     by inserting ``or part 8'' after ``this part''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act. The Secretary of Labor shall first issue all 
     regulations necessary to carry out the amendments made by 
     this section within 6 months after the date of the enactment 
     of this Act.

                                TITLE II

     SEC. 201. THE PREVENTION AND PUBLIC HEALTH FUND.

       Subsection (b) of section 4002 of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 300u-11) is amended--
       (1) in paragraph (3), by striking ``each of fiscal years 
     2018 and 2019'' and inserting ``fiscal year 2018''; and
       (2) by striking paragraphs (4) through (8).

     SEC. 202. COMMUNITY HEALTH CENTER PROGRAM.

       Effective as if included in the enactment of the Medicare 
     Access and CHIP Reauthorization Act of 2015 (Public Law 114-
     10, 129 Stat. 87), paragraph (1) of section 221(a) of such 
     Act is amended by inserting ``, and an additional 
     $422,000,000 for fiscal year 2017'' after ``2017''.

     SEC. 203. CHANGE IN PERMISSIBLE AGE VARIATION IN HEALTH 
                   INSURANCE PREMIUM RATES.

       Section 2701(a)(1)(A)(iii) of the Public Health Service Act 
     (42 U.S.C. 300gg(a)(1)(A)(iii)) is amended by inserting after 
     ``(consistent with section 2707(c))'' the following: ``or, 
     for plan years beginning on or after January 1, 2019, 5 to 1 
     for adults (consistent with section 2707(c)) or such other 
     ratio for adults (consistent with section 2707(c)) as the 
     State may determine''.

     SEC. 204. WAIVERS FOR STATE INNOVATION.

       (a) In General.--Section 1332 of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18052) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (B)--

       (I) by amending clause (i) to read as follows:

       ``(i) a description of how the State plan meeting the 
     requirements of a waiver under this section would, with 
     respect to health insurance coverage within the State--

       ``(I) take the place of the requirements described in 
     paragraph (2) that are waived; and
       ``(II) provide for alternative means of, and requirements 
     for, increasing access to comprehensive coverage, reducing 
     average premiums, providing consumers the freedom to purchase 
     the health insurance of their choice, and increasing 
     enrollment in private health insurance; and''; and
       (II) in clause (ii), by striking ``that is budget neutral 
     for the Federal Government'' and inserting ``, demonstrating 
     that the State plan does not increase the Federal deficit''; 
     and

       (ii) in subparagraph (C), by striking ``the law'' and 
     inserting ``a law or has in effect a certification'';
       (B) in paragraph (3)--
       (i) in the first sentence, by inserting ``or would qualify 
     for a reduction in'' after ``would not qualify for'';
       (ii) by adding after the second sentence the following: ``A 
     State may request that all of, or any portion of, such 
     aggregate amount of such credits or reductions be paid to the 
     State as described in the first sentence.'';
       (iii) in the paragraph heading, by striking ``Pass through 
     of funding'' and inserting ``Funding'';
       (iv) by striking ``With respect'' and inserting the 
     following:
       ``(A) Pass through of funding.--With respect''; and

[[Page S4555]]

       (v) by adding at the end the following:
       ``(B) Additional funding.--There is authorized to be 
     appropriated, and is appropriated, to the Secretary of Health 
     and Human Services, out of monies in the Treasury not 
     otherwise obligated, $2,000,000,000 for fiscal year 2017, to 
     remain available until the end of fiscal year 2019, to 
     provide grants to States for purposes of submitting an 
     application for a waiver granted under this section and 
     implementing the State plan under such waiver.
       ``(C) Authority to use market-based health care grant 
     allotment.--If the State has an application for an allotment 
     under section 2105(i) of the Social Security Act for the plan 
     year, the State may use the funds available under the State's 
     allotment for the plan year to carry out the State plan under 
     this section, so long as such use is consistent with the 
     requirements of paragraphs (1) and (7) of section 2105(i) of 
     such Act (other than paragraph (1)(B) of such section). Any 
     funds used to carry out a State plan under this subparagraph 
     shall not be considered in determining whether the State plan 
     increases the Federal deficit.''; and
       (C) in paragraph (4), by adding at the end the following:
       ``(D) Expedited process.--The Secretary shall establish an 
     expedited application and approval process that may be used 
     if the Secretary determines that such expedited process is 
     necessary to respond to an urgent or emergency situation with 
     respect to health insurance coverage within a State.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``may'' and inserting ``shall''; and
       (II) by striking ``only if'' and inserting ``unless''; and

       (ii) by striking ``plan--'' and all that follows through 
     the period at the end of subparagraph (D) and inserting 
     ``application is missing a required element under subsection 
     (a)(1) or that the State plan will increase the Federal 
     deficit, not taking into account any amounts received through 
     a grant under subsection (a)(3)(B).'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by inserting ``or certify'' 
     after ``law'';
       (ii) in subparagraph (A), by inserting before the period 
     ``, and a certification described in this paragraph is a 
     document, signed by the Governor, and the State insurance 
     commissioner, of the State, that provides authority for State 
     actions under a waiver under this section, including the 
     implementation of the State plan under subsection 
     (a)(1)(B)''; and
       (iii) in subparagraph (B)--

       (I) in the subparagraph heading, by striking ``of opt 
     out''; and
       (II) by striking `` may repeal a law'' and all that follows 
     through the period at the end and inserting the following: 
     ``may terminate the authority provided under the waiver with 
     respect to the State by--

       ``(i) repealing a law described in subparagraph (A); or
       ``(ii) terminating a certification described in 
     subparagraph (A), through a certification for such 
     termination signed by the Governor, and the State insurance 
     commissioner, of the State.'';
       (3) in subsection (d)(2)(B), by striking ``and the reasons 
     therefore'' and inserting ``and the reasons therefore, and 
     provide the data on which such determination was made''; and
       (4) in subsection (e), by striking ``No waiver'' and all 
     that follows through the period at the end and inserting the 
     following: ``A waiver under this section--
       ``(1) shall be in effect for a period of 8 years unless the 
     State requests a shorter duration;
       ``(2) may be renewed for unlimited additional 8-year 
     periods upon application by the State; and
       ``(3) may not be cancelled by the Secretary before the 
     expiration of the 8-year period (including any renewal period 
     under paragraph (2)).''.
       (b) Applicability.--Section 1332 of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18052) shall apply as 
     follows:
       (1) In the case of a State for which a waiver under such 
     section was granted prior to the date of enactment of this 
     Act, such section 1332, as in effect on the day before the 
     date of enactment of this Act shall apply to the waiver and 
     State plan.
       (2) In the case of a State that submitted an application 
     for a waiver under such section prior to the date of 
     enactment of this Act, and which application the Secretary of 
     Health and Human Services has not approved prior to such 
     date, the State may elect to have such section 1332, as in 
     effect on the day before the date of enactment of this Act, 
     or such section 1332, as amended by subsection (a), apply to 
     such application and State plan.
       (3) In the case of a State that submits an application for 
     a waiver under such section on or after the date of enactment 
     of this Act, such section 1332, as amended by subsection (a), 
     shall apply to such application and State plan.

     SEC. 205. ALLOWING ALL INDIVIDUALS PURCHASING HEALTH 
                   INSURANCE IN THE INDIVIDUAL MARKET THE OPTION 
                   TO PURCHASE A LOWER PREMIUM CATASTROPHIC PLAN.

       (a) In General.--Section 1302(e) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18022(e)) is amended by 
     adding at the end the following:
       ``(4) Consumer freedom.--For plan years beginning on or 
     after January 1, 2019, paragraph (1)(A) shall not apply with 
     respect to any plan offered in the State.''.
       (b) Risk Pools.--Section 1312(c) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18032(c)) is amended--
       (1) in paragraph (1), by inserting ``and including, with 
     respect to plan years beginning on or after January 1, 2019, 
     enrollees in catastrophic plans described in section 
     1302(e)'' after ``Exchange''; and
       (2) in paragraph (2), by inserting ``and including, with 
     respect to plan years beginning on or after January 1, 2019, 
     enrollees in catastrophic plans described in section 
     1302(e)'' after ``Exchange''.

     SEC. 206. APPLICATION OF ENFORCEMENT PENALTIES.

       (a) In General.--Section 2723 of the Public Health Service 
     Act (42 U.S.C. 300gg-22) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``and of section 1303 of 
     the Patient Protection and Affordable Care Act'' after ``this 
     part''; and
       (B) in paragraph (2), by inserting ``or in such section 
     1303'' after ``this part''; and
       (2) in subsection (b)--
       (A) in paragraphs (1) and (2)(A), by inserting ``or section 
     1303 of the Patient Protection and Affordable Care Act'' 
     after ``this part'' each place such term appears;
       (B) in paragraph (2)(C)(ii), by inserting ``and section 
     1303 of the Patient Protection and Affordable Care Act'' 
     after ``this part''.
       (b) Effect of Waiver.--A State waiver pursuant to section 
     1332 of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18052) shall not affect the authority of the Secretary 
     to impose penalties under section 2723 of the Public Health 
     Service Act (42 U.S.C. 300gg-22).

     SEC. 207. FUNDING FOR COST-SHARING PAYMENTS.

       There is appropriated to the Secretary of Health and Human 
     Services, out of any money in the Treasury not otherwise 
     appropriated, such sums as may be necessary for payments for 
     cost-sharing reductions authorized by the Patient Protection 
     and Affordable Care Act (including adjustments to any prior 
     obligations for such payments) for the period beginning on 
     the date of enactment of this Act and ending on December 31, 
     2019. Notwithstanding any other provision of this Act, 
     payments and other actions for adjustments to any obligations 
     incurred for plan years 2018 and 2019 may be made through 
     December 31, 2020.

     SEC. 208. REPEAL OF COST-SHARING SUBSIDY PROGRAM.

       (a) In General.--Section 1402 of the Patient Protection and 
     Affordable Care Act is repealed.
       (b) Effective Date.--The repeal made by subsection (a) 
     shall apply to cost-sharing reductions (and payments to 
     issuers for such reductions) for plan years beginning after 
     December 31, 2019.
                                 ______
                                 
  SA 587. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SENSE OF THE SENATE ON REPEALING THE 1993 TAX HIKE 
                   ON SOCIAL SECURITY BENEFITS SECTION.

       (a) Findings.--
       (1) The 1993 tax on Social Security benefits was imposed as 
     part of the President Clinton's agenda to raise taxes;
       (2) The original 1993 tax hike on Social Security benefits 
     was to raise income taxes on Social Security retirees with as 
     little as $25,000 of income;
       (3) Repeated efforts to repeal the 1993 tax hike on Social 
     Security benefits have failed; and
       (4) Seniors rely on Social Security benefits as well as 
     dividend income to fund their retirement and they should have 
     taxes reduced on both sources of income.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Committee on Finance should report out legislation 
     to repeal the tax on seniors for taxable years beginning in 
     2018 and 2019 in a manner consistent with the preservation of 
     the Medicare Trust Fund.
                                 ______
                                 
  SA 588. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 345. NATURAL GAS PRODUCTION, TREATMENT, MANAGEMENT, AND 
                   USE, FORT KNOX, KENTUCKY.

       (a) In General.--Chapter 449 of title 10, United States 
     Code, is amended by adding at the end of the following new 
     section:

[[Page S4556]]

  


     ``Sec. 4782. Natural gas production, treatment, management, 
       and use, Fort Knox, Kentucky

       ``(a) Authority.--The Secretary of the Army (referred to in 
     this section as the `Secretary') may provide, by contract or 
     otherwise, for the production, treatment, management, and use 
     of natural gas located under Fort Knox, Kentucky, without 
     regard to section 3 of the Mineral Leasing Act for Acquired 
     Lands (30 U.S.C. 352).
       ``(b) Limitation on Uses.--Any natural gas produced 
     pursuant to subsection (a)--
       ``(1) may only be used to support activities and operations 
     at Fort Knox; and
       ``(2) may not be sold for use elsewhere.
       ``(c) Ownership of Facilities.--The Secretary may take 
     ownership of any gas production and treatment equipment and 
     facilities and associated infrastructure from a contractor in 
     accordance with the terms of a contract or other agreement 
     entered into pursuant to subsection (a).
       ``(d) No Application Elsewhere.--
       ``(1) In general.--The authority provided by this section 
     applies only with respect to Fort Knox, Kentucky.
       ``(2) Effect of section.--Nothing in this section 
     authorizes the production, treatment, management, or use of 
     natural gas resources underlying any Department of Defense 
     installation other than Fort Knox.
       ``(e) Applicability.--The authority of the Secretary under 
     this section is effective beginning on August 2, 2007.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 449 of such title is amended by adding 
     at the end the following new item:

``4782. Natural gas production, treatment, management, and use, Fort 
              Knox, Kentucky.''.
                                 ______
                                 
  SA 589. Mr. JOHNSON (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. 1088. OFFICE OF SPECIAL COUNSEL REAUTHORIZATION.

       (a) Short Title.--This section may be cited as the ``Office 
     of Special Counsel Reauthorization Act of 2017''.
       (b) Adequate Access of Special Counsel to Information.--
     Section 1212(b) of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(5)(A) Except as provided in subparagraph (B), the 
     Special Counsel, in carrying out this subchapter, is 
     authorized to--
       ``(i) have timely access to all records, data, reports, 
     audits, reviews, documents, papers, recommendations, or other 
     material available to the applicable agency that relate to an 
     investigation, review, or inquiry conducted under--
       ``(I) section 1213, 1214, 1215, or 1216 of this title; or
       ``(II) section 4324(a) of title 38;
       ``(ii) request from any agency the information or 
     assistance that may be necessary for the Special Counsel to 
     carry out the duties and responsibilities of the Special 
     Counsel under this subchapter; and
       ``(iii) require, during an investigation, review, or 
     inquiry of an agency, the agency to provide to the Special 
     Counsel any record or other information that relates to an 
     investigation, review, or inquiry conducted under--
       ``(I) section 1213, 1214, 1215, or 1216 of this title; or
       ``(II) section 4324(a) of title 38.
       ``(B)(i) The authorization of the Special Counsel under 
     subparagraph (A) shall not apply with respect to any entity 
     that is an element of the intelligence community, as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003), unless the Special Counsel is investigating, or 
     otherwise carrying out activities relating to the enforcement 
     of, an action under subchapter III of chapter 73.
       ``(ii) An Inspector General may withhold from the Special 
     Counsel material described in subparagraph (A) if the 
     Inspector General determines that the material contains 
     information derived from, or pertaining to, intelligence 
     activities.
       ``(iii) The Attorney General or an Inspector General may 
     withhold from the Special Counsel material described in 
     subparagraph (A) if--
       ``(I)(aa) disclosing the material could reasonably be 
     expected to interfere with a criminal investigation or 
     prosecution that is ongoing as of the date on which the 
     Special Counsel submits a request for the material; or
       ``(bb) the material--
       ``(AA) may not be disclosed pursuant to a court order; or
       ``(BB) has been filed under seal under section 3730 of 
     title 31; and
       ``(II) the Attorney General or the Inspector General, as 
     applicable, submits to the Special Counsel a written report 
     that describes--
       ``(aa) the material being withheld; and
       ``(bb) the reason that the material is being withheld.
       ``(C)(i) A claim of common law privilege by an agency, or 
     an officer or employee of an agency, shall not prevent the 
     Special Counsel from obtaining any material described in 
     subparagraph (A)(i) with respect to the agency.
       ``(ii) The submission of material described in subparagraph 
     (A)(i) by an agency to the Special Counsel may not be deemed 
     to waive any assertion of privilege by the agency against a 
     non-Federal entity or against an individual in any other 
     proceeding.
       ``(iii) With respect to any record or other information 
     made available to the Special Counsel by an agency under 
     subparagraph (A), the Special Counsel may only disclose the 
     record or information for a purpose that is in furtherance of 
     any authority provided to the Special Counsel under this 
     subchapter.
       ``(6) The Special Counsel shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Oversight and Government Reform of the House of 
     Representatives, and each committee of Congress with 
     jurisdiction over the applicable agency a report regarding 
     any case of contumacy or failure to comply with a request 
     submitted by the Special Counsel under paragraph (5)(A).''.
       (c) Information on Whistleblower Protections.--
       (1) Agency responsibilities.--Section 2302 of title 5, 
     United States Code, is amended by striking subsection (c) and 
     inserting the following:
       ``(c)(1) In this subsection--
       ``(A) the term `new employee' means an individual--
       ``(i) appointed to a position as an employee on or after 
     the date of enactment of the Office of Special Counsel 
     Reauthorization Act of 2017; and
       ``(ii) who has not previously served as an employee; and
       ``(B) the term `whistleblower protections' means the 
     protections against and remedies for a prohibited personnel 
     practice described in paragraph (8) or subparagraph (A)(i), 
     (B), (C), or (D) of paragraph (9) of subsection (b).
       ``(2) The head of each agency shall be responsible for--
       ``(A) preventing prohibited personnel practices;
       ``(B) complying with and enforcing applicable civil service 
     laws, rules, and regulations and other aspects of personnel 
     management; and
       ``(C) ensuring, in consultation with the Special Counsel 
     and the Inspector General of the agency, that employees of 
     the agency are informed of the rights and remedies available 
     to the employees under this chapter and chapter 12, 
     including--
       ``(i) information with respect to whistleblower protections 
     available to new employees during a probationary period;
       ``(ii) the role of the Office of Special Counsel and the 
     Merit Systems Protection Board with respect to whistleblower 
     protections; and
       ``(iii) the means by which, with respect to information 
     that is otherwise required by law or Executive order to be 
     kept classified in the interest of national defense or the 
     conduct of foreign affairs, an employee may make a lawful 
     disclosure of the information to--
       ``(I) the Special Counsel;
       ``(II) the Inspector General of an agency;
       ``(III) Congress; or
       ``(IV) another employee of the agency who is designated to 
     receive such a disclosure.
       ``(3) The head of each agency shall ensure that the 
     information described in paragraph (2) is provided to each 
     new employee of the agency not later than 180 days after the 
     date on which the new employee is appointed.
       ``(4) The head of each agency shall make available 
     information regarding whistleblower protections applicable to 
     employees of the agency on the public website of the agency 
     and on any online portal that is made available only to 
     employees of the agency, if such portal exists.
       ``(5) Any employee to whom the head of an agency delegates 
     authority for any aspect of personnel management shall, 
     within the limits of the scope of the delegation, be 
     responsible for the activities described in paragraph (2).''.
       (2) Training for supervisors.--
       (A) Definitions.--In this paragraph--
       (i) the term ``agency'' means any entity the employees of 
     which are covered under paragraphs (8) and (9) of section 
     2302(b) of title 5, United States Code, without regard to 
     whether any other provision of that title is applicable to 
     the entity; and
       (ii) the term ``whistleblower protections'' has the meaning 
     given the term in section 2302(c)(1)(B) of title 5, United 
     States Code, as amended by paragraph (1).
       (B) Training required.--The head of each agency, in 
     consultation with the Special Counsel and the Inspector 
     General of that agency (or, in the case of an agency that 
     does not have an Inspector General, the senior ethics 
     official of that agency), shall provide the training 
     described in subparagraph (C).
       (C) Training described.--The training described in this 
     subparagraph shall--
       (i) cover the manner in which the agency shall respond to a 
     complaint alleging a violation of whistleblower protections 
     that are available to employees of the agency; and
       (ii) be provided--

       (I) to each employee of the agency who--

       (aa) is appointed to a supervisory position in the agency; 
     and

[[Page S4557]]

       (bb) before the appointment described in item (aa), had not 
     served in a supervisory position in the agency; and

       (II) on an annual basis to all employees of the agency who 
     serve in supervisory positions in the agency.

       (3) Information on appeal rights.--
       (A) In general.--Any notice provided to an employee under 
     section 7503(b)(1), section 7513(b)(1), or section 7543(b)(1) 
     of title 5, United States Code, shall include detailed 
     information with respect to--
       (i) the right of the employee to appeal an action brought 
     under the applicable section;
       (ii) the forums in which the employee may file an appeal 
     described in clause (i); and
       (iii) any limitations on the rights of the employee that 
     would apply because of the forum in which the employee 
     decides to file an appeal.
       (B) Development of information.--The information described 
     in subparagraph (A) shall be developed by the Director of the 
     Office of Personnel Management, in consultation with the 
     Special Counsel, the Merit Systems Protection Board, and the 
     Equal Employment Opportunity Commission.
       (d) Additional Whistleblower Provisions.--
       (1) Prohibited personnel practices.--Section 2302 of title 
     5, United States Code, is amended--
       (A) in subsection (b)--
       (i) in paragraph (9)(C), by inserting ``(or any other 
     component responsible for internal investigation or review)'' 
     after ``Inspector General''; and
       (ii) in paragraph (12), by striking ``or'' at the end;
       (iii) in paragraph (13), by striking the period at the end 
     and inserting ``; or''; and
       (iv) by inserting after paragraph (13) the following:
       ``(14) access the medical record of another employee or an 
     applicant for employment as a part of, or otherwise in 
     furtherance of, any conduct described in paragraphs (1) 
     through (13).''; and
       (B) in subsection (f)--
       (i) in paragraph (1)--

       (I) in subparagraph (E), by striking ``or'' at the end;
       (II) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (III) by inserting after subparagraph (E) the following:

       ``(F) the disclosure was made before the date on which the 
     individual was appointed or applied for appointment to a 
     position; or''; and
       (ii) by striking paragraph (2) and inserting the following:
       ``(2) If a disclosure is made during the normal course of 
     duties of an employee, the principal job function of whom is 
     to regularly investigate and disclose wrongdoing (referred to 
     in this paragraph as the `disclosing employee'), the 
     disclosure shall not be excluded from subsection (b)(8) if 
     the disclosing employee demonstrates that an employee who has 
     the authority to take, direct other individuals to take, 
     recommend, or approve any personnel action with respect to 
     the disclosing employee took, failed to take, or threatened 
     to take or fail to take a personnel action with respect to 
     the disclosing employee in reprisal for the disclosure made 
     by the disclosing employee.''.
       (2) Explanations for failure to take action.--Section 1213 
     of title 5, United States Code, is amended--
       (A) in subsection (b), by striking ``15 days'' and 
     inserting ``45 days''; and
       (B) in subsection (e)--
       (i) in paragraph (1), by striking ``Any such report'' and 
     inserting ``Any report required under subsection (c) or 
     paragraph (5) of this subsection'';
       (ii) by striking paragraph (2) and inserting the following:
       ``(2) Upon receipt of any report that the head of an agency 
     is required to submit under subsection (c), the Special 
     Counsel shall review the report and determine whether--
       ``(A) the findings of the head of the agency appear 
     reasonable; and
       ``(B) if the Special Counsel requires the head of the 
     agency to submit a supplemental report under paragraph (5), 
     the reports submitted by the head of the agency collectively 
     contain the information required under subsection (d).'';
       (iii) in paragraph (3), by striking ``agency report 
     received pursuant to subsection (c) of this section'' and 
     inserting ``report submitted to the Special Counsel by the 
     head of an agency under subsection (c) or paragraph (5) of 
     this subsection''; and
       (iv) by adding at the end the following:
       ``(5) If, after conducting a review of a report under 
     paragraph (2), the Special Counsel concludes that the Special 
     Counsel requires additional information or documentation to 
     determine whether the report submitted by the head of an 
     agency is reasonable and sufficient, the Special Counsel may 
     request that the head of the agency submit a supplemental 
     report--
       ``(A) containing the additional information or 
     documentation identified by the Special Counsel; and
       ``(B) that the head of the agency shall submit to the 
     Special Counsel within a period of time specified by the 
     Special Counsel.''.
       (3) Transfer requests during stays.--
       (A) Priority granted.--Section 1214(b)(1) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(E) If the Board grants a stay under subparagraph (A), 
     the head of the agency employing the employee who is the 
     subject of the action shall give priority to a request for a 
     transfer submitted by the employee.''.
       (B) Probationary employees.--Section 1221 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(k) If the Board grants a stay under subsection (c) and 
     the employee who is the subject of the action is in 
     probationary status, the head of the agency employing the 
     employee shall give priority to a request for a transfer 
     submitted by the employee.''.
       (4) Retaliatory investigations.--Section 1214 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(i) The Special Counsel may petition the Board to order 
     corrective action, including fees, costs, or damages 
     reasonably incurred by an employee due to an investigation of 
     the employee by an agency, if the investigation by an agency 
     was commenced, expanded, or extended in retaliation for a 
     disclosure or protected activity described in section 
     2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of 
     section 2302(b)(9), without regard to whether a personnel 
     action, as defined in section 2302(a)(2)(A), is taken.''.
       (e) Suicide by Employees.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency'' means any entity the employees of 
     which are covered under paragraphs (8) and (9) of section 
     2302(b) of title 5, United States Code, without regard to 
     whether any other provision of that title is applicable to 
     the entity; and
       (B) the term ``personnel action'' has the meaning given the 
     term in section 2302(a)(2)(A) of title 5, United States Code.
       (2) Referral.--
       (A) In general.--The head of an agency shall refer to the 
     Special Counsel, along with any information known to the 
     agency regarding the circumstances described in subparagraph 
     (B), any instance in which the head of the agency has 
     information indicating that an employee of the agency 
     committed suicide.
       (B) Information.--The circumstances described in this 
     subparagraph are as follows:
       (i) Before the death of an employee described in 
     subparagraph (A), the employee made a disclosure of 
     information that reasonably evidences--

       (I) a violation of a law, rule, or regulation;
       (II) gross mismanagement;
       (III) a gross waste of funds;
       (IV) an abuse of authority; or
       (V) a substantial and specific danger to public health or 
     safety.

       (ii) After a disclosure described in clause (i), a 
     personnel action was taken with respect to the employee who 
     made the disclosure.
       (3) Office of special counsel review.--Upon receiving a 
     referral under paragraph (2)(A), the Special Counsel shall--
       (A) examine whether a personnel action was taken with 
     respect to an employee because of a disclosure described in 
     paragraph (2)(B)(i); and
       (B) take any action that the Special Counsel determines is 
     appropriate under subchapter II of chapter 12 of title 5, 
     United States Code.
       (f) Protection of Whistleblowers as Criteria in Performance 
     Appraisals.--
       (1) Establishment of systems.--Section 4302 of title 5, 
     United States Code, is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following:
       ``(b)(1) The head of each agency, in consultation with the 
     Director of the Office of Personnel Management and the 
     Special Counsel, shall develop criteria that--
       ``(A) the head of the agency shall use as a critical 
     element for establishing the job requirements of a 
     supervisory employee; and
       ``(B) promote the protection of whistleblowers.
       ``(2) The criteria required under paragraph (1) shall 
     include--
       ``(A) principles for the protection of whistleblowers, such 
     as the degree to which supervisory employees--
       ``(i) respond constructively when employees of the agency 
     make disclosures described in subparagraph (A) or (B) of 
     section 2302(b)(8);
       ``(ii) take responsible actions to resolve the disclosures 
     described in clause (i); and
       ``(iii) foster an environment in which employees of the 
     agency feel comfortable making disclosures described in 
     clause (i) to supervisory employees or other appropriate 
     authorities; and
       ``(B) for each supervisory employee--
       ``(i) whether the agency entered into an agreement with an 
     individual who alleged that the supervisory employee 
     committed a prohibited personnel practice; and
       ``(ii) if the agency entered into an agreement described in 
     clause (i), the number of instances in which the agency 
     entered into such an agreement with respect to the 
     supervisory employee.
       ``(3) In this subsection--
       ``(A) the term `agency' means any entity the employees of 
     which are covered under paragraphs (8) and (9) of section 
     2302(b), without regard to whether any other provision of 
     this section is applicable to the entity;
       ``(B) the term `prohibited personnel practice' has the 
     meaning given the term in section 2302(a)(1);
       ``(C) the term `supervisory employee' means an employee who 
     would be a supervisor, as defined in section 7103(a), if the 
     agency employing the employee was an agency for purposes of 
     chapter 71; and

[[Page S4558]]

       ``(D) the term `whistleblower' means an employee who makes 
     a disclosure described in section 2302(b)(8).''.
       (2) Criteria for performance appraisals.--Section 4313 of 
     title 5, United States Code, is amended--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) protecting whistleblowers, as described in section 
     4302(b)(2).''.
       (3) Annual report to congress on unacceptable performance 
     in whistleblower protection.--
       (A) Definitions.--In this paragraph, the terms ``agency'' 
     and ``whistleblower'' have the meanings given the terms in 
     section 4302(b)(3) of title 5, United States Code, as amended 
     by paragraph (1).
       (B) Report.--Each agency shall annually submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on Oversight and Government Reform 
     of the House of Representatives, and each committee of 
     Congress with jurisdiction over the agency a report that 
     details--
       (i) the number of performance appraisals, for the year 
     covered by the report, that determined that an employee of 
     the agency failed to meet the standards for protecting 
     whistleblowers that were established under section 4302(b) of 
     title 5, United States Code, as amended by paragraph (1);
       (ii) the reasons for the determinations described in clause 
     (i); and
       (iii) each performance-based or corrective action taken by 
     the agency in response to a determination under clause (i).
       (4) Technical and conforming amendment.--Section 4301 of 
     title 5, United States Code, is amended, in the matter 
     preceding paragraph (1), by striking ``For the purpose of'' 
     and inserting ``Except as otherwise expressly provided, for 
     the purpose of''.
       (g) Discipline of Supervisors Based on Retaliation Against 
     Whistleblowers.--
       (1) In general.--Subchapter II of chapter 75 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 7515. Discipline of supervisors based on retaliation 
       against whistleblowers

       ``(a) Definitions.--In this section--
       ``(1) the term `agency'--
       ``(A) has the meaning given the term in section 
     2302(a)(2)(C), without regard to whether any other provision 
     of this chapter is applicable to the entity; and
       ``(B) does not include any entity that is an element of the 
     intelligence community, as defined in section 3 of the 
     National Security Act of 1947 (50 U.S.C. 3003);
       ``(2) the term `prohibited personnel action' means taking 
     or failing to take an action in violation of paragraph (8) or 
     (9) of section 2302(b) against an employee of an agency; and
       ``(3) the term `supervisor' means an employee who would be 
     a supervisor, as defined in section 7103(a), if the entity 
     employing the employee was an agency.
       ``(b) Proposed Disciplinary Actions.--
       ``(1) In general.--If the head of the agency in which a 
     supervisor is employed, an administrative law judge, the 
     Merit Systems Protection Board, the Special Counsel, a judge 
     of the United States, or the Inspector General of the agency 
     in which a supervisor is employed has determined that the 
     supervisor committed a prohibited personnel action, the head 
     of the agency in which the supervisor is employed, consistent 
     with the procedures required under paragraph (2)--
       ``(A) for the first prohibited personnel action committed 
     by the supervisor--
       ``(i) shall propose suspending the supervisor for a period 
     that is not less than 3 days; and
       ``(ii) may propose an additional action determined 
     appropriate by the head of the agency, including a reduction 
     in grade or pay; and
       ``(B) for the second prohibited personnel action committed 
     by the supervisor, shall propose removing the supervisor.
       ``(2) Procedures.--
       ``(A) Notice.--A supervisor against whom an action is 
     proposed to be taken under paragraph (1) is entitled to 
     written notice that--
       ``(i) states the specific reasons for the proposed action; 
     and
       ``(ii) informs the supervisor about the right of the 
     supervisor to review the material that constitutes the 
     factual support on which the proposed action is based.
       ``(B) Answer and evidence.--
       ``(i) In general.--A supervisor who receives notice under 
     subparagraph (A) may, not later than 14 days after the date 
     on which the supervisor receives the notice, submit an answer 
     and furnish evidence in support of that answer.
       ``(ii) No evidence furnished; insufficient evidence 
     furnished.--If, after the end of the 14-day period described 
     in clause (i), a supervisor does not furnish any evidence as 
     described in that clause, or if the head of the agency in 
     which the supervisor is employed determines that the evidence 
     furnished by the supervisor is insufficient, the head of the 
     agency shall carry out the action proposed under subparagraph 
     (A) or (B) of paragraph (1), as applicable.
       ``(C) Scope of procedures.--An action carried out under 
     this section--
       ``(i) except as provided in clause (ii), shall be subject 
     to the same requirements and procedures, including those with 
     respect to an appeal, as an action under section 7503, 7513, 
     or 7543; and
       ``(ii) shall not be subject to--

       ``(I) paragraphs (1) and (2) of section 7503(b);
       ``(II) paragraphs (1) and (2) of subsection (b) and 
     subsection (c) of section 7513; and
       ``(III) paragraphs (1) and (2) of subsection (b) and 
     subsection (c) of section 7543.

       ``(3) Non-delegation.--If the head of an agency is 
     responsible for determining whether a supervisor has 
     committed a prohibited personnel action for purposes of 
     paragraph (1), the head of the agency may not delegate that 
     responsibility.''.
       (2) Technical and conforming amendment.--The table of 
     sections for subchapter II of chapter 75 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 7514 the following:

``7515. Discipline of supervisors based on retaliation against 
              whistleblowers.''.
       (h) Termination of Certain Investigations by the Office of 
     Special Counsel.--Section 1214(a) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(6)(A) Notwithstanding any other provision of this 
     section, not later than 30 days after the date on which the 
     Special Counsel receives an allegation of a prohibited 
     personnel practice under paragraph (1), the Special Counsel 
     may terminate an investigation of the allegation without 
     further inquiry if the Special Counsel determines that--
       ``(i) the same allegation, based on the same set of facts 
     and circumstances, had previously been--
       ``(I)(aa) made by the individual; and
       ``(bb) investigated by the Special Counsel; or
       ``(II) filed by the individual with the Merit Systems 
     Protection Board;
       ``(ii) the Special Counsel does not have jurisdiction to 
     investigate the allegation; or
       ``(iii) the individual knew or should have known of the 
     alleged prohibited personnel practice on or before the date 
     that is 3 years before the date on which the Special Counsel 
     received the allegation.
       ``(B) Not later than 30 days after the date on which the 
     Special Counsel terminates an investigation under 
     subparagraph (A), the Special Counsel shall provide a written 
     notification to the individual who submitted the allegation 
     of a prohibited personnel practice that states the basis of 
     the Special Counsel for terminating the investigation.''.
       (i) Allegations of Wrongdoing Within the Office of Special 
     Counsel.--Section 1212 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(i) The Special Counsel shall enter into at least 1 
     agreement with the Inspector General of an agency under 
     which--
       ``(1) the Inspector General shall--
       ``(A) receive, review, and investigate allegations of 
     prohibited personnel practices or wrongdoing filed by 
     employees of the Office of Special Counsel; and
       ``(B) develop a method for an employee of the Office of 
     Special Counsel to communicate directly with the Inspector 
     General; and
       ``(2) the Special Counsel--
       ``(A) may not require an employee of the Office of Special 
     Counsel to seek authorization or approval before directly 
     contacting the Inspector General in accordance with the 
     agreement; and
       ``(B) may reimburse the Inspector General for services 
     provided under the agreement.''.
       (j) Reporting Requirements.--
       (1) Annual report.--Section 1218 of title 5, United States 
     Code, is amended to read as follows:

     ``Sec. 1218. Annual report

       ``The Special Counsel shall submit to Congress, on an 
     annual basis, a report regarding the activities of the 
     Special Counsel, which shall include, for the year preceding 
     the submission of the report--
       ``(1) the number, types, and disposition of allegations of 
     prohibited personnel practices filed with the Special Counsel 
     and the costs of resolving such allegations;
       ``(2) the number of investigations conducted by the Special 
     Counsel;
       ``(3) the number of stays and disciplinary actions 
     negotiated with agencies by the Special Counsel;
       ``(4) the number of subpoenas issued by the Special 
     Counsel;
       ``(5) the number of instances in which the Special Counsel 
     reopened an investigation after the Special Counsel had made 
     an initial determination with respect to the investigation;
       ``(6) the actions that resulted from reopening 
     investigations, as described in paragraph (5);
       ``(7) the number of instances in which the Special Counsel 
     did not make a determination before the end of the 240-day 
     period described in section 1214(b)(2)(A)(i) regarding 
     whether there were reasonable grounds to believe that a 
     prohibited personnel practice had occurred, existed, or was 
     to be taken;
       ``(8) a description of the recommendations and reports made 
     by the Special Counsel to other agencies under this 
     subchapter and the actions taken by the agencies as a result 
     of the recommendations or reports;
       ``(9) the number of--
       ``(A) actions initiated before the Merit Systems Protection 
     Board, including the number of corrective action petitions 
     and disciplinary action complaints initiated; and
       ``(B) stays and extensions of stays obtained from the Merit 
     Systems Protection Board;

[[Page S4559]]

       ``(10) the number of prohibited personnel practice 
     complaints that resulted in a favorable action for the 
     complainant, other than a stay or an extension of a stay, 
     organized by actions in--
       ``(A) complaints dealing with reprisals against 
     whistleblowers; and
       ``(B) all other complaints; and
       ``(11) the number of prohibited personnel practice 
     complaints that were resolved by an agreement between an 
     agency and an individual, organized by agency and agency 
     components in--
       ``(A) complaints dealing with reprisals against 
     whistleblowers; and
       ``(B) all other complaints;
       ``(12) the number of corrective actions that the Special 
     Counsel required an agency to take after a finding by the 
     Special Counsel of a prohibited personnel practice, as 
     defined in section 2302(a)(1); and
       ``(13) the results for the Office of Special Counsel of any 
     employee viewpoint survey conducted by the Office of 
     Personnel Management or any other agency.''.
       (2) Public information.--Section 1219(a)(1) of title 5, 
     United States Code, is amended to read as follows:
       ``(1) a list of any noncriminal matters referred to the 
     head of an agency under section 1213(c), together with--
       ``(A) a copy of the information transmitted to the head of 
     the agency under section 1213(c)(1);
       ``(B) any report from the agency under section 
     1213(c)(1)(B) relating to the matter;
       ``(C) if appropriate, not otherwise prohibited by law, and 
     consented to by the complainant, any comments from the 
     complainant under section 1213(e)(1) relating to the matter; 
     and
       ``(D) the comments or recommendations of the Special 
     Counsel under paragraph (3) or (4) of section 1213(e);''.
       (3) Notice of complaint settlements.--Section 1217 of title 
     5, United States Code, is amended--
       (A) by striking ``The Special Counsel'' and inserting the 
     following:
       ``(a) In General.--The Special Counsel''; and
       (B) by adding at the end the following:
       ``(b) Additional Report Required.--
       ``(1) In general.--If an allegation submitted to the 
     Special Counsel is resolved by an agreement between an agency 
     and an individual, the Special Counsel shall submit to 
     Congress and each congressional committee with jurisdiction 
     over the agency a report regarding the agreement.
       ``(2) Contents.--Any report required under paragraph (1) 
     shall identify, with respect to an agreement described in 
     that paragraph--
       ``(A) the agency that entered into the agreement;
       ``(B) the position and employment location of the employee 
     who submitted the allegation that formed the basis of the 
     agreement;
       ``(C) the position and employment location of any employee 
     alleged by an employee described in subparagraph (B) to have 
     committed a prohibited personnel practice, as defined in 
     section 2302(a)(1);
       ``(D) a description of the allegation described in 
     subparagraph (B); and
       ``(E) whether the agency that entered into the agreement 
     has agreed to pursue any disciplinary action as a result of 
     the allegation described in subparagraph (B).''.
       (k) Establishment of Survey Pilot Program.--
       (1) In general.--The Office of Special Counsel shall design 
     and establish a pilot program under which the Office shall 
     conduct, during the first full fiscal year after the date of 
     enactment of this Act, a survey of individuals who have filed 
     a complaint or disclosure with the Office.
       (2) Purpose.--The survey under paragraph (1) shall be 
     designed for the purpose of collecting information and 
     improving service at various stages of a review or 
     investigation by the Office of Special Counsel.
       (3) Results.--The results of the survey under paragraph (1) 
     shall be published in the annual report of the Office of 
     Special Counsel.
       (4) Suspension of other surveys.--During the period 
     beginning on October 1, 2017, and ending on September 30, 
     2018, section 13 of the Act entitled ``An Act to reauthorize 
     the Office of Special Counsel, and for other purposes'', 
     approved October 29, 1994 (5 U.S.C. 1212 note), shall have no 
     force or effect.
       (l) Stays of the Merit Systems Protection Board.--Section 
     1214(b)(1)(B)(ii) of title 5, United States Code, is amended 
     by striking ``who was appointed, by and with the advice and 
     consent of the Senate,''.
       (m) Regulations.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Special Counsel shall prescribe 
     such regulations as may be necessary to perform--
       (A) the functions of the Special Counsel under subchapter 
     II of chapter 12 of title 5, United States Code, including 
     regulations that are necessary to carry out sections 1213, 
     1214, and 1215 of that title; and
       (B) any functions of the Special Counsel that are required 
     because of the amendments made by this section.
       (2) Publication.--Any regulations prescribed under 
     paragraph (1) shall be published in the Federal Register.
       (n) Authorization of Appropriations.--
       (1) In general.--Section 8(a)(2) of the Whistleblower 
     Protection Act of 1989 (5 U.S.C. 5509 note) is amended by 
     striking ``2003, 2004, 2005, 2006, and 2007'' and inserting 
     ``2017 through 2022''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as though enacted on September 30, 2015.
                                 ______
                                 
  SA 590. Ms. COLLINS submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       On page 6, strike line 9 and insert the following:
       (b) Definition of Full-time Employee.--Section 4980H(c) of 
     the Internal Revenue Code of 1986 is amended--
       (1) in paragraph (2)(E), by striking ``by 120'' and 
     inserting ``by 174''; and
       (2) in paragraph (4)(A) by striking ``30 hours'' and 
     inserting ``40 hours''.
       (c) Effective Date.--The amendments made by
                                 ______
                                 
  SA 591. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       In section 1269(2), strike the end period and insert the 
     following: ``, and should fully consider actions to reassure 
     the Republic of Korea and Japan of the enduring commitment of 
     the United States to provide its full range of defensive 
     capabilities.''.
                                 ______
                                 
  SA 592. Mr. DURBIN (for himself, Mr. Blunt, Mr. Casey, Mr. Cochran, 
Ms. Baldwin, Mr. Shelby, Mr. Brown, Ms. Murkowski, Mr. Cardin, Mr. 
Moran, Mr. Coons, Ms. Duckworth, Ms. Hassan, Ms. Klobuchar, Mr. Leahy, 
Mr. Markey, Mrs. Murray, Mr. Nelson, Mr. Peters, Mr. Reed, Mrs. 
Shaheen, Ms. Stabenow, Mr. Tester, Mr. Udall, Mr. Van Hollen, Mr. 
Warner, Ms. Warren, Mr. Whitehouse, Mr. Wyden, Ms. Hirono, and Mr. 
Merkley) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 737. TREATMENT OF CERTAIN PROVISIONS RELATING TO MEDICAL 
                   RESEARCH CONDUCTED BY THE DEPARTMENT OF 
                   DEFENSE.

       (a) Medical Research and Development Projects.--Section 
     733, relating to a prohibition on funding and conduct of 
     certain medical research and development projects by the 
     Department of Defense, shall have no force or effect.
       (b) Congressional Special Interest Medical Research 
     Programs.--Sections 891, 892, and 893, relating to 
     limitations on the authority of the Secretary of Defense to 
     enter into contracts, grants, or cooperative agreements for 
     congressional special interest medical research programs 
     under the congressionally directed medical research program 
     of the Department of Defense, shall have no force or effect.
                                 ______
                                 
  SA 593. Ms. DUCKWORTH (for herself, Mr. Durbin, Mr. Blumenthal, Mr. 
Whitehouse, and Mrs. Murray) submitted an amendment intended to be 
proposed by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. INTEREST RATE LIMITATION ON DEBT ENTERED INTO 
                   DURING MILITARY SERVICE TO CONSOLIDATE OR 
                   REFINANCE STUDENT LOANS INCURRED BEFORE 
                   MILITARY SERVICE.

       (a) In General.--Subsection (a) of section 207 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 527) is 
     amended--
       (1) in paragraph (1), by inserting ``on debt incurred 
     before service'' after ``Limitation to 6 percent'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Limitation to 6 percent on debt incurred during 
     service to consolidate or refinance student loans incurred 
     before service.--An obligation or liability bearing interest 
     at a rate in excess of 6 percent per

[[Page S4560]]

     year that is incurred by a servicemember, or the 
     servicemember and the servicemember's spouse jointly, during 
     military service to consolidate or refinance one or more 
     student loans incurred by the servicemember before such 
     military service shall not bear an interest at a rate in 
     excess of 6 percent during the period of military service.'';
       (4) in paragraph (3), as redesignated by paragraph (2) of 
     this subsection, by inserting ``or (2)'' after ``paragraph 
     (1)''; and
       (5) in paragraph (4), as so redesignated, by striking 
     ``paragraph (2)'' and inserting ``paragraph (3)''.
       (b) Implementation of Limitation.--Subsection (b) of such 
     section is amended--
       (1) in paragraph (1), by striking ``the interest rate 
     limitation in subsection (a)'' and inserting ``an interest 
     rate limitation in paragraph (1) or (2) of subsection (a)''; 
     and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by striking ``effective as of 
     date of order to active duty'' and inserting ``effective 
     date''; and
       (B) by inserting before the period at the end the 
     following: ``in the case of an obligation or liability 
     covered by subsection (a)(1), or as of the date the 
     servicemember (or servicemember and spouse jointly) incurs 
     the obligation or liability concerned under subsection 
     (a)(2)''.
       (c) Student Loan Defined.--Subsection (d) of such section 
     is amended by adding at the end the following new paragraph:
       ``(3) Student loan.--The term `student loan' means the 
     following:
       ``(A) A Federal student loan made, insured, or guaranteed 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.).
       ``(B) A private student loan as that term is defined 
     section 140(a) of the Truth in Lending Act (15 U.S.C. 
     1650(a)).''.
                                 ______
                                 
  SA 594. Ms. KLOBUCHAR (for herself, Mr. Tillis, Mr. Brown, Mrs. 
Gillibrand, Ms. Warren, Mr. Whitehouse, Mr. Nelson, Ms. Baldwin, Mr. 
Rounds, Mr. Franken, and Mr. Coons) submitted an amendment intended to 
be proposed by her to the bill H.R. 2810, 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; which was ordered to lie on 
the table; as follows:

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

     SEC. 1088. ESTABLISHMENT OF CENTER OF EXCELLENCE IN 
                   PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, 
                   AND REHABILITATION OF HEALTH CONDITIONS 
                   RELATING TO EXPOSURE TO BURN PITS AND OTHER 
                   ENVIRONMENTAL EXPOSURES.

       (a) In General.--Subchapter II of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7330C. Center of excellence in prevention, diagnosis, 
       mitigation, treatment, and rehabilitation of health 
       conditions relating to exposure to burn pits and other 
       environmental exposures

       ``(a) Establishment.--(1) The Secretary shall establish 
     within the Department a center of excellence in the 
     prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of health conditions relating to exposure to 
     burn pits and other environmental exposures to carry out the 
     responsibilities specified in subsection (d).
       ``(2) The Secretary shall establish the center of 
     excellence under paragraph (1) through the use of--
       ``(A) the directives and policies of the Department in 
     effect as of the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2018;
       ``(B) the recommendations of the Comptroller General of the 
     United States and Inspector General of the Department in 
     effect as of such date; and
       ``(C) guidance issued by the Secretary of Defense under 
     section 313 of the National Defense Authorization Act for 
     Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1074 note).
       ``(b) Selection of Site.--In selecting the site for the 
     center of excellence established under subsection (a), the 
     Secretary shall consider entities that--
       ``(1) are equipped with the specialized equipment needed to 
     study, diagnose, and treat health conditions relating to 
     exposure to burn pits and other environmental exposures;
       ``(2) have a track record of publishing information 
     relating to post-deployment health exposures among veterans 
     who served in the Armed Forces in support of Operation Iraqi 
     Freedom and Operation Enduring Freedom;
       ``(3) have access to animal models and in vitro models of 
     dust immunology and lung injury consistent with the injuries 
     of members of the Armed Forces who served in support of 
     Operation Iraqi Freedom and Operation Enduring Freedom; and
       ``(4) have expertise in allergy, immunology, and pulmonary 
     diseases.
       ``(c) Collaboration.--The Secretary shall ensure that the 
     center of excellence collaborates, to the maximum extent 
     practicable, with the Secretary of Defense, institutions of 
     higher education, and other appropriate public and private 
     entities (including international entities) to carry out the 
     responsibilities specified in subsection (d).
       ``(d) Responsibilities.--The center of excellence shall 
     have the following responsibilities:
       ``(1) To provide for the development, testing, and 
     dissemination within the Department of best practices for the 
     treatment of health conditions relating to exposure to burn 
     pits and other environmental exposures.
       ``(2) To provide guidance for the health systems of the 
     Department and the Department of Defense in determining the 
     personnel required to provide quality health care for members 
     of the Armed Forces and veterans with health conditions 
     relating to exposure to burn pits and other environmental 
     exposures.
       ``(3) To establish, implement, and oversee a comprehensive 
     program to train health professionals of the Department and 
     the Department of Defense in the treatment of health 
     conditions relating to exposure to burn pits and other 
     environmental exposures.
       ``(4) To facilitate advancements in the study of the short-
     term and long-term effects of exposure to burn pits and other 
     environmental exposures.
       ``(5) To disseminate within medical facilities of the 
     Department best practices for training health professionals 
     with respect to health conditions relating to exposure to 
     burn pits and other environmental exposures.
       ``(6) To conduct basic science and translational research 
     on health conditions relating to exposure to burn pits and 
     other environmental exposures for the purposes of 
     understanding the etiology of such conditions and developing 
     preventive interventions and new treatments.
       ``(7) To provide medical treatment to veterans diagnosed 
     with medical conditions specific to exposure to burn pits and 
     other environmental exposures.
       ``(e) Use of Burn Pits Registry Data.--In carrying out its 
     responsibilities under subsection (d), the center of 
     excellence shall have access to and make use of the data 
     accumulated by the burn pits registry established under 
     section 201 of the Dignified Burial and Other Veterans' 
     Benefits Improvement Act of 2012 (Public Law 112-260; 38 
     U.S.C. 527 note).
       ``(f) Definitions.--In this section:
       ``(1) The term `burn pit' means an area of land located in 
     Afghanistan or Iraq that--
       ``(A) is designated by the Secretary of Defense to be used 
     for disposing solid waste by burning in the outdoor air; and
       ``(B) does not contain a commercially manufactured 
     incinerator or other equipment specifically designed and 
     manufactured for the burning of solid waste.
       ``(2) The term `other environmental exposures' means 
     exposure to environmental hazards, including burn pits, dust 
     or sand, hazardous materials, and waste at any site in 
     Afghanistan or Iraq that emits smoke containing pollutants 
     present in the environment or smoke from fires or explosions.
       ``(g) Funding.--(1) There is authorized to be appropriated 
     to carry out this section $4,100,000 for each of the first 
     five fiscal years beginning after the date of the enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2018.
       ``(2) The Secretary may award additional amounts on a 
     competitive basis to the center of excellence from the 
     medical and prosthetics research account of the Department 
     for the purpose of conducting research under this section 
     relating to clinical and scientific investigation.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 of such title is amended by inserting 
     after the item relating to section 7330B the following new 
     item:

``7330C. Center of excellence in prevention, diagnosis, mitigation, 
              treatment, and rehabilitation of health conditions 
              relating to exposure to burn pits and other environmental 
              exposures.''.
                                 ______
                                 
  SA 595. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. LONGITUDINAL MEDICAL STUDY ON BLAST PRESSURE 
                   EXPOSURE OF MEMBERS OF THE ARMED FORCES.

       (a) In General.--The Secretary of Defense shall conduct a 
     longitudinal medical study on blast pressure exposure of 
     members of the Armed Forces during combat and training, 
     including members who train with high overpressure weapons, 
     such as anti-tank recoilless rifles and heavy-caliber sniper 
     rifles.
       (b) Elements.--The study required under subsection (a) 
     shall--
       (1) monitor, record, and analyze data on blast pressure 
     exposure for any member of the Armed Forces who is likely to 
     be exposed to a blast in training or combat;
       (2) assess the feasibility and advisability of including 
     blast exposure history as part of the service record of a 
     member, as a blast exposure log, in order to ensure that, if 
     medical issues arise later, the member receives care for any 
     service-connected injuries; and

[[Page S4561]]

       (3) review the safety precautions surrounding heavy weapons 
     training to account for emerging research on blast exposure 
     and the effects on of such exposure on cognitive performance 
     of members of the Armed Forces.
       (c) Report.--The Secretary shall submit to Congress a 
     report on the results of the study conducted under subsection 
     (a).
                                 ______
                                 
  SA 596. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle J of title VIII, add the following:

     SEC. 899D. REPORT ON DEFENSE CONTRACTING FRAUD.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     defense contracting fraud.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A summary of fraud-related criminal convictions and 
     civil judgements or settlements over the previous five fiscal 
     years.
       (2) A listing of contractors that within the previous five 
     fiscal years performed contracts for the Department of 
     Defense and were debarred or suspended from Federal 
     contracting based on a criminal conviction for fraud.
       (3) An assessment of the total value of Department of 
     Defense contracts entered into during the previous five 
     fiscal years with contractors that have been indicted for, 
     settled charges of, been fined by any Federal department or 
     agency for, or been convicted of fraud in connection with any 
     contract or other transaction entered into with the Federal 
     Government.
       (4) Recommendations by the Inspector General of the 
     Department of Defense or other appropriate Department of 
     Defense official regarding how to penalize contractors 
     repeatedly involved in fraud in connection with contracts or 
     other transactions entered into with the Federal Government, 
     including an update on implementation by the Department of 
     any previous such recommendations.
                                 ______
                                 
  SA 597. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                   Subtitle H--Outsourcing Prevention

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Defending American Jobs 
     Act''.

     SEC. 1092. WORKFORCE DISCLOSURE REQUIREMENTS FOR DEFENSE 
                   CONTRACTS.

       (a) Information Required.--The Secretary of Defense shall 
     require each contractor that enters into a contract with the 
     Department of Defense for the procurement of property or 
     services to provide to the Department, on an annual basis for 
     the duration of the contract, the following information:
       (1) The number of individuals employed by the contractor in 
     the United States.
       (2) The number of individuals employed by the contractor 
     outside the United States.
       (3) A description of the wages and employee benefits being 
     provided to the employees of the contractor in the United 
     States.
       (4) A description of the wages and employee benefits being 
     provided to the employees of the contractor outside the 
     United States.
       (b) Certification Regarding Layoffs.--Beginning on the date 
     that is one year after a contractor enters into a contract 
     described under subsection (a), and annually thereafter for 
     the duration of the contract, the contractor shall provide, 
     in addition to the information required under subsection (a), 
     a written certification that contains the following 
     information:
       (1) The percentage of the workforce of the contractor 
     employed in the United States that has been laid off or 
     induced to resign from the contractor during the 12-month 
     period preceding the submission of the certification.
       (2) The percentage of the total workforce of the contractor 
     that has been laid off or induced to resign from the 
     contractor during the 12-month period preceding the 
     submission of the certification.
       (c) Prohibition on Awarding Contracts to Defense 
     Contractors That Lay Off a Greater Percentage of Workers in 
     the United States Than in Other Countries.--Notwithstanding 
     any other provision of law, if, in the written certification 
     provided to the Department of Defense by a contractor under 
     subsection (b), the percentage described in paragraph (1) of 
     such subsection is greater than the percentage described in 
     paragraph (2) of such subsection, the contractor shall be 
     ineligible for further contracts with the Department of 
     Defense until the contractor provides to the Department a 
     written certification that the number of employees of the 
     contractor in the United States is in the same proportion as, 
     or has increased in proportion to, the number of the 
     employees of the contractor worldwide as of the later of--
       (1) the date the contractor last made a certification under 
     subsection (b) concerning the contract that did not cause the 
     contractor to become ineligible under this subsection for a 
     Department of Defense contract; or
       (2) the date on which the contractor entered into the 
     contract for which the certification is being made.
                                 ______
                                 
  SA 598. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. MAXIMUM CONTAMINANT LEVELS FOR PERFLUORINATED 
                   COMPOUNDS.

       Section 1412(b)(2) of the Safe Drinking Water Act (42 
     U.S.C. 300g-1(b)(2)) is amended by adding at the end the 
     following:
       ``(D) Perfluorinated compounds.--Not later than 2 years 
     after the date of enactment of this subparagraph, with 
     respect to the perfluorinated compounds perfluorooctanoic 
     acid and perfluorooctanesulfonic acid, the Administrator 
     shall--
       ``(i) publish a maximum contaminant level goal; and
       ``(ii) promulgate a national primary drinking water 
     regulation.''.
                                 ______
                                 
  SA 599. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 338. PROHIBITION ON TRANSFER OF THE TOOLS AND EQUIPMENT 
                   OF THE ADVANCED TURBINE ENGINE ARMY MAINTENANCE 
                   OF THE ARMY NATIONAL GUARD.

       No action may be taken to reduce the capability of, or to 
     eliminate or transfer the tools and equipment of, the 
     Advanced Turbine Engine Army Maintenance (ATEAM) of the Army 
     National Guard until the Secretary of Defense certifies each 
     of the following:
       (1) That Advanced Turbine Engine Army Maintenance 
     capabilities do not result in any cost avoidance or savings 
     to the Department of Defense.
       (2) That there is no existing or anticipated requirement 
     for Advanced Turbine Engine Army Maintenance technical 
     expertise and capabilities among any Armed Force or the 
     militaries of United States allies (through the Foreign 
     Military Sales program).
       (3) That there is no existing or anticipated requirement to 
     support and maintain readiness of any unit of the Armed 
     Forces, including Army National Guard units in the Idaho, 
     Kansas, Minnesota, Mississippi, Montana, Nevada, North 
     Carolina, Ohio, Oregon, Pennsylvania, South Carolina, and 
     Tennessee, that may require the capabilities of the Advanced 
     Turbine Engine Army Maintenance for on-site repair or field 
     support during training events or otherwise.
                                 ______
                                 
  SA 600. Mr. MORAN (for himself and Mr. Roberts) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. ARMY MILITARY VALUE ANALYSIS MODEL.

       (a) Findings.--Congress makes the following
       (1) The Military Value Analysis model of the Army has been 
     a key determinant for the force structure and strategic 
     basing decisions of the Army in recent years.
       (2) The Committees on Armed Services of the Senate and the 
     House of Representatives have determined that a lack of 
     transparency regarding process, metrics, and scoring on the 
     matters covered by the Military Value Analysis model has made 
     proper oversight of the Army by Congress far more difficult.

[[Page S4562]]

       (c) Report on Updated Model.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     shall submit to the congressional defense committees a report 
     setting forth an update of the Military Value Analysis model 
     of the Army.
       (2) Review.--The Secretary shall update the Military Value 
     Analysis model for purposes of the report required by 
     paragraph (1) following a review undertaken by the Secretary 
     for purposes of the update. The review and update shall 
     address and appropriately incorporate the following:
       (A) Qualitative and quantitative criteria and sub-criteria 
     to be used for force structure and strategic basing 
     decisions, including quantitative and qualitative measures on 
     the average daily use of, and accessibility to, maneuver 
     training acreage.
       (B) Deployment criteria using a measure of the time 
     required to deploy a unit of action from its home 
     installation to its deployment site, including the 
     transportation of unit personnel by military aircraft, and 
     transportation of the commonly defined set of unit equipment 
     to its designated out-port for deployment.
       (d) Scoring Data for Force Structure and Major Basing 
     Decisions.--After making a force structure or major basing 
     decision for the Army, the Secretary of the Army shall submit 
     to the congressional defense committees a report setting 
     forth the scoring data developed pursuant to the Military 
     Value Analysis model of the Army with respect to each 
     military installation considered for purposes of the 
     decision.
                                 ______
                                 
  SA 601. Mr. MORAN (for himself and Mr. Tester) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

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

     SEC. 1088. DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF 
                   CERTAIN INCIDENTS OF EXPOSURE OF MEMBERS OF THE 
                   ARMED FORCES TO TOXIC SUBSTANCES.

       (a) In General.--The Secretary of Defense shall declassify 
     documents related to any known incident in which not fewer 
     than 100 members of the Armed Forces were exposed to a toxic 
     substance that resulted in at least one case of a disability 
     that a member of the medical profession has determined to be 
     associated with that toxic substance.
       (b) Limitation.--The declassification required by 
     subsection (a) shall be limited to information necessary for 
     an individual who was potentially exposed to a toxic 
     substance to determine the following:
       (1) Whether that individual was exposed to that toxic 
     substance.
       (2) The potential severity of the exposure of that 
     individual to that toxic substance.
       (3) Any potential health conditions that may have resulted 
     from exposure to that toxic substance.
       (c) Exception.--The Secretary of Defense is not required to 
     declassify documents under subsection (a) if the Secretary 
     determines that declassification of those documents would 
     materially and immediately threaten the security of the 
     United States.
       (d) Definitions.--In this section:
       (1) Armed forces.--The term ``Armed Forces'' has the 
     meaning given that term in section 101 of title 10, United 
     States Code.
       (2) Exposed.--The term ``exposed'' means, with respect to a 
     toxic substance, that an individual came into contact with 
     that toxic substance in a manner that could be hazardous to 
     the health of that individual, that may include if that toxic 
     substance was inhaled, ingested, or touched the skin or eyes.
       (3) Exposure.--The term ``exposure'' means, with respect to 
     a toxic substance, an event during which an individual was 
     exposed to that toxic substance.
       (4) Toxic substance.--The term ``toxic substance'' means 
     any substance determined by the Administrator of the 
     Environmental Protection Agency to be harmful to the 
     environment or hazardous to the health of an individual if 
     inhaled or ingested by or absorbed through the skin of that 
     individual.
                                 ______
                                 
  SA 602. Mr. McCAIN (for himself, Mr. Flake, Ms. Murkowski, and Mr. 
Daines) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRANSFER OF NON-COMBAT MILITARY VEHICLES AND 
                   EQUIPMENT TO STATE AND LOCAL FIRE DEPARTMENTS 
                   UNDER FIREFIGHTER PROPERTY (FFP) PROGRAM.

       The Secretary of Defense shall take steps to facilitate the 
     transfer of non-combat military vehicles and equipment to 
     State and local fire departments under the Firefighter 
     Property (FFP) program carried out pursuant to section 2576b 
     of title 10, United States Code, including by preventing the 
     Defense Logistics Agency from implementing guidance 
     categorizing such equipment as high security items subject to 
     Trade Security Controls and other enhanced security 
     requirements.
                                 ______
                                 
  SA 603. Mr. KING (for himself and Ms. Collins) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       In section 122, strike subsection (b).
                                 ______
                                 
  SA 604. Mr. KING submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY ON SCALING WATER PURIFIERS THAT USE MIXED-
                   OXIDANT ELECTROLYTIC DISINFECTANT GENERATOR 
                   (MEDG) TECHNOLOGY FOR SMALL AND MEDIUM SHIPS.

       The Secretary of the Navy shall conduct a study on the 
     feasibility of scaling water purifiers that use Mixed-Oxidant 
     Electrolytic Disinfectant Generator (MEDG) technology for 
     small and medium ships.
                                 ______
                                 
  SA 605. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR 
                   STRIKES.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, the President may not use the Armed Forces of the United 
     States to conduct a first-use nuclear strike unless such 
     strike is conducted pursuant to a declaration of war by 
     Congress that expressly authorizes such strike.
       (b) First-Use Nuclear Strike Defined.--In this section, the 
     term ``first-use nuclear strike'' means an attack using 
     nuclear weapons against an enemy that is conducted without 
     the President determining that the enemy has first launched a 
     nuclear strike against the United States or an ally of the 
     United States.
                                 ______
                                 
  SA 606. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF FUNDS FOR LONG-RANGE STANDOFF 
                   WEAPON OR W80 WARHEAD LIFE EXTENSION PROGRAM.

       Notwithstanding any other provision of this Act or any 
     other provision of law, none of the funds authorized to be 
     appropriated or otherwise made available for fiscal year 2018 
     for the Department of Defense or the Department of Energy may 
     be obligated or expended for the research, development, test, 
     and evaluation or procurement of the long-range standoff 
     weapon or for the W80 warhead life extension program.
                                 ______
                                 
  SA 607. Mr. MARKEY (for himself, Mr. Gardner, and Mr. Cardin) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, 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; which was ordered to lie on the table; as follows:

       Strike section 1262.

[[Page S4563]]

  

                                 ______
                                 
  SA 608. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle __ of title __, add the following:

     SEC. ___. 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.
                                 ______
                                 
  SA 609. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. SENSE OF CONGRESS ON THE UNITED STATES STRATEGY FOR 
                   AFGHANISTAN AND SOUTH ASIA.

       It is the sense of Congress that--
       (1) it is in the national security interest of the United 
     States that Afghanistan never again serve as a sanctuary for 
     international terrorists to conduct attacks against the 
     United States, its allies, or its core interests;
       (2) to secure the national security interest of the United 
     States in Afghanistan, the United States should pursue an 
     integrated civil-military strategy with strategic objectives 
     to--
       (A) deny, disrupt, degrade, and destroy the ability of 
     terrorist groups to conduct attacks against the United 
     States, its allies, and its core interests;
       (B) prevent the Taliban from using military force to 
     overthrow the Government of the Islamic Republic of 
     Afghanistan and reduce the Taliban's control of the Afghan 
     population;
       (C) improve the capability and capacity of the Government 
     of the Islamic Republic of Afghanistan, to the extent 
     feasible and practicable, to defeat terrorist and insurgent 
     groups as well as to sustainably and independently provide 
     security throughout Afghanistan;
       (D) establish security conditions in Afghanistan necessary 
     to encourage and facilitate a negotiated peace process that 
     supports political reconciliation in Afghanistan and an 
     eventual diplomatic resolution to the conflict in 
     Afghanistan; and
       (E) forge a regional diplomatic consensus in support of the 
     long-term stabilization of Afghanistan through integration 
     into regional patterns of political, security, and economic 
     cooperation;
       (3) the United States should pursue an integrated civil-
     military strategy that would achieve United States strategic 
     objectives by--
       (A) bolstering the United States counterterrorism effort in 
     Afghanistan by--
       (i) increasing the number of United States counterterrorism 
     forces in Afghanistan;
       (ii) providing the United States military with status-based 
     targeting authorities against the Taliban, the Haqqani 
     Network, al-Qaeda, the Islamic State of Iraq and Syria, and 
     other terrorist groups that threaten the United States, its 
     allies, and its core interests; and
       (iii) pursuing a joint agreement to secure a long-term, 
     open-ended counterterrorism partnership between the United 
     States and the Government of the Islamic Republic of 
     Afghanistan, which would include an enduring United States 
     counterterrorism presence in Afghanistan;
       (B) improving the military capability and capacity of the 
     Afghan National Security and Defense Forces (ANSDF) against 
     the Taliban and other terrorists groups by--
       (i) in the short term, establishing United States military 
     training and advisory teams at the kandak-level of each 
     Afghan corps, and significantly increasing the availability 
     of United States airpower and other critical combat enablers 
     to support Afghan National Security and Defense Forces 
     operations; and
       (ii) in the long term, providing sustained support to the 
     Afghan National Security and Defense Forces as it develops 
     and expands its own key enabling capabilities, including 
     intelligence, logistics, special forces, air lift, and close 
     air support;
       (C) strictly conditioning further United States military, 
     economic, and governance assistance programs for the 
     Government of the Islamic Republic of Afghanistan upon 
     measurable progress in achieving joint United States-
     Afghanistan benchmarks for implementing necessary 
     institutional reforms, especially those related to anti-
     corruption, financial transparency, and the rule of law;
       (D) imposing graduated diplomatic, military, and economic 
     costs on Pakistan as long as it continues to provide support 
     and sanctuary to terrorist and insurgent groups, including 
     the Taliban and the Haqqani Network, while simultaneously 
     outlining the potential benefits of a long-term United 
     States-Pakistan strategic partnership that could result from 
     the cessation by Pakistan of support for all terrorist and 
     insurgent groups and constructive role in bringing about a 
     peaceful resolution of the conflict in Afghanistan; and
       (E) intensifying United States regional diplomatic efforts 
     working through flexible frameworks for regional dialogue 
     together with Afghanistan, Pakistan, China, India, 
     Tajikistan, Uzbekistan, Turkmenistan, and other nations to 
     promote political reconciliation in Afghanistan as well as to 
     advance regional cooperation on issues such as border 
     security, intelligence sharing, counternarcotics, 
     transportation, and trade to reduce mistrust and build 
     confidence among regional states; and
       (4) the President should ensure that the Secretary of 
     Defense, the Secretary of State, and United States military 
     commanders have all the necessary means, based on political 
     and security conditions on the ground in Afghanistan and 
     unconstrained by arbitrary timelines, to carry out an 
     integrated civil-military strategy as described in paragraphs 
     (2) and (3), including financial resources, civilian 
     personnel, military forces and capabilities, and authorities.
                                 ______
                                 
  SA 610. Ms. HIRONO (for herself and Mr. Wyden) submitted an amendment 
intended to be proposed by her to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUTHORITY TO USE ENERGY SAVINGS INVESTMENT FUND FOR 
                   ENERGY MANAGEMENT INITIATIVES.

       Section 2919(b)(2) of title 10, United States Code, is 
     amended by striking ``, to the extent provided for in an 
     appropriations Act,''.
                                 ______
                                 
  SA 611. Ms. HIRONO (for herself and Mr. Wyden) submitted an amendment 
intended to be proposed by her to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON USE OF AREAWIDE CONTRACTS FOR ENERGY 
                   RESILIENCE.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Administrator of the General Services Administration and the 
     Secretary of Energy, shall submit to the congressional 
     defense committees a report identifying projects to increase 
     energy resiliency on military installations that could be 
     executed under an existing areawide contract (as defined in 
     section 41.101 of the Federal Acquisition Regulation). The 
     report shall also identify recommendations to support 
     installation commanders and contracting officers in 
     contracting with utility service suppliers under areawide 
     contracts.
                                 ______
                                 
  SA 612. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. LIEUTENANT HENRY OSSIAN FLIPPER LEADER SHIP 
                   SCHOLARSHIP PROGRAM.

       (a) Authority.--The Secretary of the Army shall carry out a 
     program to be known as the ``Lieutenant Henry Ossian Flipper 
     Leadership Scholarship Program'' under which the Secretary 
     may provide financial assistance, in accordance with this 
     section, to a person--

[[Page S4564]]

       (1) who is pursuing a recognized postsecondary credential 
     at a minority-serving institution; and
       (2) who enters into an agreement with the Secretary as 
     described in subsection (b).
       (b) Service Agreement for Scholarship Recipients.--
       (1) In general.--To receive financial assistance under this 
     section--
       (A) a member of the Army shall enter into an agreement to 
     serve on active duty in the Army for the period of obligated 
     service determined under paragraph (2); and
       (B) a person who is not a member of the Army shall enter 
     into an agreement to enlist or accept a commission in the 
     Army and to serve on active duty in Army for the period of 
     obligated service determined under paragraph (2).
       (2) Period of obligated service.--The period of obligated 
     service for a recipient of financial assistance under this 
     section shall be the period determined by the Secretary of 
     Army as being appropriate to obtain adequate service in 
     exchange for the financial assistance. The period of service 
     required of a recipient shall be not less than the period 
     equal to three-fourths of the total period of pursuit of a 
     credential for which the Secretary agrees to provide the 
     recipient with financial assistance under this section. The 
     period of obligated service is in addition to any other 
     period for which the recipient is obligated to serve on 
     active duty.
       (3) Terms of agreement.--An agreement entered into under 
     this section by a person pursuing a recognized postsecondary 
     credential shall include the following terms:
       (A) Service start date.--The period of obligated service 
     will begin on a date after the award of the credential, as 
     determined by the Secretary of the Army.
       (B) Academic progress.--The person will maintain 
     satisfactory academic progress, as determined by the 
     Secretary, and that failure to maintain such progress 
     constitutes grounds for termination of the financial 
     assistance for the person under this section.
       (C) Other terms.--Any other terms and conditions that the 
     Secretary determines to be appropriate for carrying out this 
     section.
       (c) Amount of Assistance.--The amount of the financial 
     assistance provided for a person under this section shall be 
     the amount determined by the Secretary of the Army as being 
     necessary to pay the person's cost of attendance at the 
     minority-serving institution.
       (d) Use of Assistance for Support of Internships.--The 
     financial assistance for a person under this section may also 
     be provided to support internship activities of the person at 
     the Department of Defense in periods between the academic 
     years leading to the credential for which assistance is 
     provided the person under this section.
       (e) Repayment for Period of Unserved Obligated Service.--A 
     member of the Army who does not complete the period of active 
     duty specified in the service agreement under subsection (b) 
     shall be subject to the repayment provisions of section 
     303a(e) of title 37, United States Code.
       (f) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of the Army shall submit 
     to the congressional defense committees a report that 
     includes--
       (1) an assessment of the progress of the Secretary in 
     carrying out the scholarship program under this section;
       (2) the number of scholarships that the Secretary intends 
     to award in the academic year beginning after the date of the 
     submission of the report; and
       (3) a description of the Secretary's efforts to promote the 
     scholarship program at minority-serving institutions.
       (g) Definitions.--In this section:
       (1) Cost of attendance.--The term ``cost of attendance'' 
     has the meaning given the term in section 472 of the Higher 
     Education Act of 1965 (20 19 U.S.C. 1087ll).
       (2) Minority-serving institution.--The term ``minority-
     serving institution'' means an institution of higher 
     education described in section 371(a) of the Higher Education 
     Act of 1965 (20 24 U.S.C. 1067q(a)).
       (3) Recognized postsecondary credential.--The term 
     ``recognized postsecondary credential'' has the meaning given 
     the term in section 3 of the Workforce Innovation and 
     Opportunity Act (29 5 U.S.C. 3102).
                                 ______
                                 
  SA 613. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place in subtitle C of title XVI, insert 
     the following:

     SEC. ___. DEPARTMENT OF DEFENSE CYBER WORKFORCE DEVELOPMENT 
                   PILOT PROGRAM.

       (a) Establishment.--The Secretary of Defense may carry out 
     a pilot program to be known as the ``Cyber Workforce 
     Development Pilot Program'' (in this section referred to as 
     the ``Pilot Program'') under which the Secretary shall 
     provide funds, in addition to other funds that may be 
     available, for the recruitment, training, 
     professionalization, and retention of personnel in the cyber 
     workforce of the Department of Defense.
       (b) Purpose.--The purpose of the Pilot Program shall be to 
     assess the effectiveness of carrying out a full-scale talent 
     management program to ensure that the cyber workforce of the 
     Department of Defense has the capacity, in both personnel and 
     skills, needed to effectively perform its cyber missions and 
     the kinetic missions impacted by cyber activities.
       (c) Management.--The Pilot Program shall be managed by the 
     Chief Information Officer of the Department of Defense, in 
     consultation with the Principal Cyber Advisor to the 
     Secretary of Defense.
       (d) Guidance.--The Chief Information Officer of the 
     Department of Defense, in consultation with the Principal 
     Cyber Advisor to the Secretary of Defense, shall issue 
     guidance for the administration of the Pilot Program. Such 
     guidance shall include provisions that--
       (1) identify areas of need in the cyber workforce that 
     funds under the Pilot Program may be used to address, 
     including--
       (A) changes to the types of skills needed in the cyber 
     workforce;
       (B) capabilities to develop the cyber workforce and assist 
     members of the cyber workforce in achieving qualifications 
     and professionalization through activities such as training, 
     education, and exchange programs;
       (C) incentives to retain qualified, experienced cyber 
     workforce personnel; and
       (D) incentives for attracting new, high-quality personnel 
     to the cyber workforce;
       (2) describe the process under which entities may submit an 
     application to receive funds under the Pilot Program;
       (3) describe the evaluation criteria to be used for 
     approving or prioritizing applications for funds under the 
     Pilot Program in any fiscal year; and
       (4) describe measurable objectives of performance for 
     determining whether funds under the Pilot Program are being 
     used in compliance with this section.
       (e) Considerations.--When selecting entities to provide 
     training and education services under the Pilot Program, 
     consideration shall be given to whether the entity providing 
     such services is a Center of Academic Excellence in 
     Information Assurance Education (as that term is defined in 
     section 2200e of title 10, United States Code).
       (f) Annual Report.--Not later than 120 days after the end 
     of each of fiscal year for which funds are appropriated for 
     the Pilot Program, the Secretary of Defense shall submit to 
     the congressional defense committees a report on the 
     operation of the Pilot Program during such fiscal year. Each 
     report shall include, for the fiscal year covered by such 
     report, the following:
       (1) A description of the expenditures made under the Pilot 
     Program (including expenditures following a transfer of funds 
     under the Pilot Program to a military department or Defense 
     Agency) in such fiscal year, including the purpose of such 
     expenditures.
       (2) A description and assessment of improvements in the 
     Department of Defense cyber workforce resulting from such 
     expenditures.
       (3) Recommendations for additional authorities to fulfill 
     the purpose of the Pilot Program.
       (4) A statement of the funds that remain available under 
     the Pilot Program at the end of such fiscal year.
       (g) Termination.--The Pilot Program and the annual 
     reporting requirement under subsection (f) shall each 
     terminate on the date that is five years after the date on 
     which funds are first appropriated for the Pilot Program and 
     any funds not obligated or expended under the Pilot Program 
     on that date shall be deposited in the general fund of the 
     Treasury of the United States.
       (h) Cyber Workforce Defined.--In this section, the term 
     ``cyber workforce'' means the following:
       (1) Personnel in positions that require the performance of 
     cybersecurity or other cyber-related functions as so 
     identified pursuant to the Federal Cybersecurity Workforce 
     Assessment Act of 2015 (Public Law 114-113; 5 U.S.C. 301 
     note) .
       (2) Military personnel or civilian employees of the 
     Department of Defense who are not described in paragraph (1) 
     but who--
       (A) are assigned functions that contribute significantly to 
     cyber operations; and
       (B) are designated as temporary members of the cyber 
     workforce by the Chief Information Officer of the Department 
     of Defense, or by the head of a military department or 
     Defense Agency, for the limited purpose of receiving training 
     for the performance of cyber-related functions.
                                 ______
                                 
  SA 614. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place in subtitle C of title XVI, insert 
     the following:

[[Page S4565]]

  


     SEC. ___. REPORT ON PROGRESS IN CARRYING OUT ASSESSMENT OF 
                   MILITARY AND INTELLIGENCE NECESSITY AND BENEFIT 
                   OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE 
                   UNITED STATES CYBER COMMAND.

       The Secretary of Defense shall submit to the congressional 
     defense committees a report on the progress of the Secretary 
     and the Chairman of the Joint Chiefs of Staff in carrying out 
     the assessment required by section 1642(b)(1) of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328).
                                 ______
                                 
  SA 615. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. REPORT ON PLAN TO STABILIZE THE AREAS IN IRAQ AND 
                   SYRIA LIBERATED FROM THE ISLAMIC STATE OF IRAQ 
                   AND THE LEVANT.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act the Secretary of State and 
     Secretary of Defense shall jointly submit to the appropriate 
     committees of Congress a report that sets forth the plan of 
     the United States to stabilize areas in Iraq and Syria that 
     are liberated from the Islamic State of Iraq and the Levant 
     (ISIL).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) For areas in Iraq described in subsection (a), the 
     following:
       (A) An assessment of security in such areas, and an 
     identification of the forces that will provide post-conflict 
     stabilization and security in the areas described in 
     subsection (a).
       (B) An assessment of the extent to which security forces 
     trained and equipped using United States assistance are 
     prepared--
       (i) to provide post-conflict stabilization and security in 
     such areas;
       (ii) to support inclusive governance structures in such 
     areas;
       (iii) to support the return of displaced persons to such 
     areas; and
       (iv) to defer to legitimate local authorities for 
     governance decisions in such areas.
       (C) An assessment of the capacity of such security forces 
     to operate effectively in post-conflict environments, 
     including in the performance of counterterrorism operations 
     and stabilization operations independent of United States 
     forces.
       (D) An assessment of the interest and support from such 
     security forces and legitimate local authorities for the 
     participation of the United States Government in post-
     conflict stabilization efforts, as well as the ability of the 
     United States Government to influence stabilization outcomes 
     in such areas.
       (E) A description of--
       (i) the responsibilities and plans of the Department of 
     State in working with the Government of Iraq and legitimate 
     local authorities to re-establish essential services, promote 
     inclusive governance structures, and support reconstitution 
     of local economies in such areas;
       (ii) plans for improving any gaps identified in the 
     assessments described in subparagraphs (A) through (D); and
       (iii) the resources required to execute the plans described 
     in clause (ii), and the metrics to be used in evaluating the 
     execution of such plans.
       (F) A description of the roles, responsibilities, and 
     anticipated contributions of resources of partner nations in 
     securing and stabilizing such areas.
       (2) For areas in Syria described in subsection (a), the 
     following:
       (A) An assessment of security in such areas, and an 
     identification of the forces that will provide post-conflict 
     stabilization and security in the areas described in 
     subsection (a).
       (B) An assessment of the extent to which security forces 
     trained and equipped using United States assistance are 
     prepared--
       (i) to provide post-conflict stabilization and security in 
     such areas;
       (ii) to support inclusive governance structures in such 
     areas;
       (iii) to support the return of displaced persons to such 
     areas; and
       (iv) to defer to legitimate local authorities for 
     governance decisions in such areas.
       (C) An assessment of the capacity of such security forces 
     to operate effectively in post-conflict environments, 
     including in the performance of counterterrorism operations 
     and stabilization operations independent of United States 
     forces.
       (D) An assessment of the interest and support from such 
     security forces and legitimate local authorities for the 
     participation of the United States Government in post-
     conflict stabilization efforts, as well as the ability of the 
     United States Government to influence stabilization outcomes 
     in such areas.
       (E) A description of--
       (i) the responsibilities and plans of the Department of 
     State in working with legitimate local authorities to re-
     establish essential services, promote inclusive governance 
     structures, and support reconstitution of local economies in 
     such areas;
       (ii) plans for improving any gaps identified in the 
     assessments described in subparagraphs (A) through (D); and
       (iii) the resources required to execute the plans described 
     in clause (ii), and the metrics to be used in evaluating the 
     execution of such plans.
       (F) A description of the roles, responsibilities, and 
     anticipated contributions of resources of partner nations in 
     securing and stabilizing such areas.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 616. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REASONABLE PRICE AGREEMENT.

       (a) In General.--If any Federal agency or any non-profit 
     entity undertakes Federally funded health care research and 
     development and is to convey or provide a patent for a drug, 
     biologic, or other health care technology developed through 
     such research, such agency or entity shall not make such 
     conveyance or provide such patent until the entity (including 
     a non-profit entity) that will receive such patent first 
     agrees to a reasonable pricing agreement with the Secretary 
     of Health and Human Services (referred to in this section as 
     the ``Secretary'') or the Secretary makes a determination 
     that the public interest is served by a waiver of the 
     reasonable pricing agreement provided in accordance with 
     subsection (c).
       (b) Prohibition of Discrimination.--
       (1) In general.--For purposes of subsection (a), any 
     reasonable pricing formula that is utilized shall not result 
     in discriminatory pricing for the drug, biologic, or other 
     health care technology involved regardless of the number of 
     bidders involved. In carrying out this subparagraph, the 
     Secretary shall ensure that the Federal Government, with 
     respect to the drug, biologic, or other health care 
     technology involved, is charged an amount that is not more 
     than the lowest amount charged to countries in the 
     Organization for Economic Co-Operation and Development for 
     the same drug, biologic, or technology, that have the largest 
     gross domestic product with a per capita income that is not 
     less than half the per capita income of the United States.
       (2) Discriminatory pricing.--For the purposes of paragraph 
     (1), a cost based reasonable pricing formula that is utilized 
     shall be considered to result in discriminatory pricing if 
     the contract for sale of the drug, biologic, or other health 
     care technology places a limit on supply, or employs any 
     other measure, that has the effect of--
       (A) providing access to such drug, biologic, or technology 
     on terms or conditions that are less favorable than the terms 
     or conditions provided to a foreign purchaser (other than a 
     charitable or humanitarian organization) of the drug, 
     biologic, or technology; or
       (B) restricting access to the drug, biologic, or technology 
     under this section.
       (c) Waiver.--No waiver shall take effect under subsection 
     (a) before the public is given notice of the proposed waiver 
     and provided a reasonable opportunity to comment on the 
     proposed waiver. A decision to grant a waiver shall set out 
     the Secretary's finding that such a waiver is in the public 
     interest.
                                 ______
                                 
  SA 617. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   TITLE __--COMMUNITY HEALTH CENTERS

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Community Health Center 
     and Primary Care Workforce Expansion Act of 2017''.

     SEC. _02. COMMUNITY HEALTH CENTER PROGRAM.

       (a) In General.--Section 10503(b)(1) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 254b- 2(b)(1)) 
     is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period; and
       (3) by adding at the end the following:
       ``(F) $5,110,000,000 for fiscal year 2018;
       ``(G) $5,410,000,000 for fiscal year 2019;
       ``(H) $5,790,000,000 for fiscal year 2020;
       ``(I) $6,620,000,000 for fiscal year 2021;
       ``(J) $7,510,000,000 for fiscal year 2022;
       ``(K) $8,460,000,000 for fiscal year 2023;
       ``(L) $9,490,000,000 for fiscal year 2024;

[[Page S4566]]

       ``(M) $10,590,000,000 for fiscal year 2025;
       ``(N) $11,780,000,000 for fiscal year 2026;
       ``(O) $12,500,000,000 for fiscal year 2027; and
       ``(P) for fiscal year 2028, and each subsequent fiscal 
     year, the amount appropriated for the preceding fiscal year 
     adjusted by the product of--
       ``(i) one plus the average percentage increase in costs 
     incurred per patient served; and
       ``(ii) one plus the average percentage increase in the 
     total number of patients served.''.
       (b) Capital Projects.--In addition to amounts otherwise 
     appropriated under section 10503(b) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 254b- 2(b)(1)), there is 
     authorized to be appropriated, and there is appropriated, for 
     the community health centers program under section 330 of the 
     Public Health Service Act (42 U.S.C. 254b) for capital 
     projects, $18,600,000,000 for fiscal year 2017.
       (c) Limitation.--Amounts otherwise appropriated for 
     community health centers may not be reduced as a result of 
     the appropriations made under this section.
       (d) Availability of Funds.--Amounts appropriated under this 
     section shall remain available until expended.

     SEC. _03. NATIONAL HEALTH SERVICE CORPS.

       (a) In General.--Section 10503(b)(2) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 254b- 2(b)(2)) 
     is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period; and
       (3) by adding at the end the following:
       ``(F) $850,000,000 for fiscal year 2018;
       ``(G) $893,000,000 for fiscal year 2019;
       ``(H) $938,000,000 for fiscal year 2020;
       ``(I) $985,000,000 for fiscal year 2021;
       ``(J) $1,030,000,000 for fiscal year 2022;
       ``(K) $1,090,000,000 for fiscal year 2023;
       ``(L) $1,100,000,000 for fiscal year 2024;
       ``(M) $1,200,000,000 for fiscal year 2025;
       ``(N) $1,300,000,000 for fiscal year 2026;
       ``(O) $1,500,000,000 for fiscal year 2027; and
       ``(P) for fiscal year 2028, and each subsequent fiscal 
     year, the amount appropriated for the preceding fiscal year 
     adjusted by the product of--
       ``(i) one plus the average percentage increase in the costs 
     of health professions education during the prior fiscal year; 
     and
       ``(ii) one plus the average percentage change in the number 
     of individuals residing in health professions shortage areas 
     designated under section 333 of the Public Health Service Act 
     during the prior fiscal year, relative to the number of 
     individuals residing in such areas during the previous fiscal 
     year.''.
       (b) Limitation.--Amounts otherwise appropriated for 
     National Health Service Corps may not be reduced as a result 
     of the appropriations made under this section.
       (c) Availability of Funds.--Amounts appropriated under this 
     section shall remain available until expended.

     SEC. _04. TEACHING HEALTH CENTERS.

       (a) In General.--Section 340H(g) of the Public Health 
     Service Act (42 U.S.C. 256h(g)) is amended--
       (1) by striking ``2015 and'' and inserting ``2015,''; and
       (2) by striking the period and inserting ``, $176,000,000 
     for fiscal years 2018 and 2019, $184,000,000 for fiscal year 
     2020, $194,000,000 for fiscal year 2021, $203,000,000 for 
     fiscal year 2022, $214,000,000 for fiscal year 2023, 
     $224,000,000 for fiscal year 2024, $235,000,000 for fiscal 
     year 2025, $247,000,000 for fiscal year 2026, $260,000,000 
     for fiscal year 2027, and for fiscal year 2028, and each 
     subsequent fiscal year, the amount appropriated for the 
     preceding fiscal year adjusted by the greater of the annual 
     percentage increase in the medical care component of the 
     consumer price index for all urban consumers (U.S. city 
     average) as rounded up in an appropriate manner, or the 
     percentage increase for the fiscal year involved under 
     section 2(a)(11).''.
       (b) Limitation.--Amounts otherwise appropriated for 
     Teaching Health Centers may not be reduced as a result of the 
     appropriations made under this section.
       (c) Availability of Funds.--Amounts appropriated under this 
     section shall remain available until expended.

     SEC. _05. NURSE PRACTITIONER RESIDENCY TRAINING PROGRAMS.

       (a) In General.--Section 5316 of the Patient Protection and 
     Affordable Care Act is amended by striking subsection (i) and 
     inserting the following:
       ``(i) Appropriations.--In addition to amounts otherwise 
     appropriated, there is authorized to be appropriated, and 
     there is appropriated to carry out this section--
       ``(1) $35,000,000 for fiscal year 2018;
       ``(2) $40,000,000 for fiscal year 2019;
       ``(3) $45,000,000 for fiscal year 2020;
       ``(4) $50,000,000 for fiscal year 2021;
       ``(5) $55,000,000 for fiscal year 2022;
       ``(6) $60,000,000 for fiscal year 2023;
       ``(7) $65,000,000 for fiscal year 2024;
       ``(8) $70,000,000 for fiscal year 2025;
       ``(9) $75,000,000 for fiscal year 2026;
       ``(10) $80,000,000 for fiscal year 2027; and
       ``(11) for fiscal year 2028, and each subsequent fiscal 
     year, the amount appropriated for the preceding fiscal year 
     adjusted by the greater of the annual percentage increase in 
     the medical care component of the consumer price index for 
     all urban consumers (U.S. city average) as rounded up in an 
     appropriate manner, or the percentage increase for the fiscal 
     year involved under section 10503(b)(1)(P) of the Patient 
     Protection and Affordable Care Act.''.
       (b) Limitation.--Amounts otherwise appropriated for Nurse 
     Practitioner Residency Training Programs may not be reduced 
     as a result of the appropriations made under this section.
       (c) Availability of Funds.--Amounts appropriated under this 
     section shall remain available until expended.
                                 ______
                                 
  SA 618. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONDITIONS ON AWARD OF DRUG EXCLUSIVITY.

       Subchapter E of chapter V of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding 
     at the end the following:

     ``SEC. 569D. CONDITIONS ON AWARD OF DRUG EXCLUSIVITY.

       ``(a) Termination of Exclusivity.--Notwithstanding any 
     other provision of this Act, any period of exclusivity 
     described in subsection (b) granted to a person or assigned 
     to a person on or after the date of enactment of this section 
     with respect to a drug shall be terminated if the person to 
     which such exclusivity was granted or any person to which 
     such exclusivity is assigned commits a violation described in 
     subsection (c)(1) with respect to such drug.
       ``(b) Exclusivities Affected.--The periods of exclusivity 
     described in this subsection are those periods of exclusivity 
     granted under any of the following sections:
       ``(1) Clause (ii), (iii), or (iv) of section 505(c)(3)(E).
       ``(2) Clause (iv) of section 505(j)(5)(B).
       ``(3) Clause (ii), (iii), or (iv) of section 505(j)(5)(F).
       ``(4) Section 505A.
       ``(5) Section 505E.
       ``(6) Section 527.
       ``(7) Section 351(k)(7) of the Public Health Service Act.
       ``(8) Any other provision of this Act that provides for 
     market exclusivity (or extension of market exclusivity) with 
     respect to a drug.
       ``(c) Violations.--
       ``(1) In general.--A violation described in this subsection 
     is a violation of a law described in paragraph (2) that 
     results in--
       ``(A) a criminal conviction of a person described in 
     subsection (a);
       ``(B) a civil judgment against a person described in 
     subsection (a); or
       ``(C) a settlement agreement in which a person described in 
     subsection (a) admits to fault.
       ``(2) Laws described.--The laws described in this paragraph 
     are the following:
       ``(A) The provisions of this Act that prohibit--
       ``(i) the adulteration or misbranding of a drug;
       ``(ii) the making of false statements to the Secretary or 
     committing fraud; or
       ``(iii) the illegal marketing of a drug.
       ``(B) The provisions of subchapter III of chapter 37 of 
     title 31, United States Code (commonly known as the `False 
     Claims Act').
       ``(C) Section 287 of title 18, United States Code.
       ``(D) The Medicare and Medicaid Patient Protection and 
     Program Act of 1987 (commonly known as the `Antikickback 
     Statute').
       ``(E) Section 1927 of the Social Security Act.
       ``(F) A State law against fraud comparable to a law 
     described in subparagraphs (A) through (E).
       ``(d) Date of Exclusivity Termination.--The date on which 
     the exclusivity shall be terminated as described in 
     subsection (a) is the date on which, as applicable--
       ``(1) a final judgment is entered relating to a violation 
     described in subparagraph (A) or (B) of subsection (c)(1); or
       ``(2)(A) a settlement agreement described in subsection 
     (c)(1)(C) is approved by a court order that is or becomes 
     final and nonappealable; or
       ``(B) if there is no court order approving a settlement 
     agreement described in subsection (c)(1)(C), a court order 
     dismissing the applicable case, issued after the settlement 
     agreement, is or becomes final and nonappealable.
       ``(e) Reporting of Information.--A person described in 
     subsection (a) that commits a violation described in 
     subsection (c)(1) shall report such violation to the 
     Secretary no later than 30 days after the date that--
       ``(1) a final judgment is entered relating to a violation 
     described in subparagraph (A) or (B) of subsection (c)(1); or
       ``(2)(A) a settlement agreement described in subsection 
     (c)(1)(C) is approved by a court order that is or becomes 
     final and nonappealable; or
       ``(B) if there is no court order approving a settlement 
     agreement described in subsection (c)(1)(C), a court order 
     dismissing the applicable case, issued after the settlement 
     agreement, is or becomes final and nonappealable.''.
                                 ______
                                 
  SA 619. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for

[[Page S4567]]

reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. DENTAL CLINICS IN SCHOOLS.

       Part Q of title III of the Public Health Service Act (42 
     U.S.C. 280h et seq.) is amended by adding at the end the 
     following:

     ``SEC. 399Z-3. DENTAL CLINICS IN SCHOOLS.

       ``(a) In General.--The Secretary shall award grants to 
     qualified entities for the purpose of funding the building, 
     operation, or expansion of dental clinics in schools.
       ``(b) Qualified Entities.--To receive a grant under this 
     section, a qualified entity shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.
       ``(c) Requirements.--An entity receiving a grant under this 
     section shall--
       ``(1) provide comprehensive oral health services at a 
     dental clinic based at a school, including oral health 
     education, oral screening, fluoride application, prophylaxis, 
     sealants, and basic restorative services;
       ``(2) develop a coordinated system of care by referring 
     patients to an available qualified oral health provider in 
     the community for any required oral health services not 
     provided in the dental clinic in the school, including 
     restorative services, to ensure that all the oral health 
     needs of students are met; and
       ``(3) maintain clinic hours that extend beyond school 
     hours.
       ``(d) Authorization of Appropriations.--For purposes of 
     carrying out this section, there is authorized to be 
     appropriated such sums as may be necessary for fiscal years 
     2018 through 2021.''.
                                 ______
                                 
  SA 620. Mr. JOHNSON submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       Strike section 112 and insert the following:

     SEC. 112. REPEAL OF MEDICAID EXPANSION.

       (a) In General.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (1) in section 1902 (42 U.S.C. 1396a)--
       (A) in subsection (a)(10)(A)--
       (i) in clause (i)(VIII), by inserting ``and ending December 
     31, 2017,'' after ``2014,'';
       (ii) in clause (ii)(XX), by inserting ``and ending December 
     31, 2017,'' after ``2014,''; and
       (iii) in clause (ii), by adding at the end the following 
     new subclause:
       ``(XXIII) beginning January 1, 2018, who are grandfathered 
     expansion enrollees (as defined in subsection (nn)(1));''; 
     and
       (B) by adding at the end the following new subsection:
       ``(nn) Grandfathered Expansion Enrollees.--
       ``(1) In general.--In this title, the term `grandfathered 
     expansion enrollee' means an individual--
       ``(A) who is under 65 years of age;
       ``(B) who is not pregnant;
       ``(C) who is not entitled to, or enrolled for, benefits 
     under part A of title XVIII, or enrolled for benefits under 
     part B of title XVIII;
       ``(D) who is not described in any of subclauses (I) through 
     (VII) of subsection (a)(10)(A)(i);
       ``(E) whose income (as determined under subsection (e)(14)) 
     does not exceed 133 percent of the poverty line (as defined 
     in section 2110(c)(5)) applicable to a family of the size 
     involved; and
       ``(F) was enrolled under the State plan under this title 
     (or a waiver of such plan) as of December 31, 2017.
       ``(2) State option to limit eligibility.--A State may deem 
     an individual who is a grandfathered expansion enrollee to no 
     longer be a grandfathered expansion enrollee if, after 
     December 31, 2017, such individual has a break in eligibility 
     for medical assistance under the State plan under this title 
     for such a period of time as the State may specify (but which 
     shall in no case be less than 6 months).
       ``(3) Application of related provisions.--Any reference in 
     subsection (a)(10)(G), (k), or (gg) of this section or in 
     section 1903, 1905(a), 1920(e), or 1937(a)(1)(B) to 
     individuals described in subclause (VIII) of subsection 
     (a)(10)(A)(i) shall be deemed to include a reference to 
     grandfathered expansion enrollees.''; and
       (2) in section 1905 (42 U.S.C. 1396d)--
       (A) in subsection (y)(1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by inserting ``and that has elected to cover newly 
     eligible individuals before March 1, 2017'' after ``that is 
     one of the 50 States or the District of Columbia''; and
       (II) by striking ``shall be equal to'' and inserting ``who, 
     for periods after December 31, 2019, are grandfathered 
     expansion enrollees (as defined in section 1902(nn)(1)), 
     shall be equal to the higher of the percentage otherwise 
     determined for the State and year under subsection (b) 
     (without regard to this subsection) and''; and

       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon; and
       (iii) by striking subparagraph (E) and inserting the 
     following new subparagraphs:
       ``(E) 90 percent for calendar quarters in 2020;
       ``(F) 85 percent for calendar quarters in 2021;
       ``(G) 80 percent for calendar quarters in 2022; and
       ``(H) 75 percent for calendar quarters in 2023.''; and
       (B) in subsection (z)(2)--
       (i) in subparagraph (A)--

       (I) by inserting ``through 2023'' after ``each year 
     thereafter''; and
       (II) by striking ``shall be equal to'' and inserting ``and 
     for periods after December 31, 2019 and before January 1, 
     2024, who are grandfathered expansion enrollees (as defined 
     in section 1902(nn)(1)) shall be equal to the higher of the 
     percentage otherwise determined for the State and year under 
     subsection (b) (without regard to this subsection) and''; and

       (ii) in subparagraph (B)(ii)--

       (I) in subclause (III), by adding ``and'' at the end; and
       (II) by striking subclauses (IV), (V), and (VI) and 
     inserting the following new subclause:

       ``(IV) 2017 and each subsequent year through 2023 is 80 
     percent.''.
       (b) Temporary Increase to Per Capita Caps.--Section 
     1903A(c) of the Social Security Act, as added by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(6) Increase to state expenditures targets.--
       ``(A) In general.--For each of fiscal years 2020 through 
     2026, in determining the target total medical assistance 
     expenditures for a State and fiscal year under paragraph (1), 
     the Secretary shall increase, by the amount determined for 
     the State and year under subparagraph (B), the sum of the 
     products, for each of the 1903A enrollee categories (as 
     defined in subsection (e)(2)) except for the category 
     described in subsection (e)(2)(D), of the target per capita 
     medical assistance expenditures (as defined in paragraph (2)) 
     for the enrollee category, State, and fiscal year, and the 
     number of 1903A enrollees for such enrollee category, State, 
     and fiscal year, as determined under subsection (e)(4).
       ``(B) Adjustment.--The amount determined under this 
     subparagraph for a State and year shall be equal to the 
     annual increase amount for the year (as defined in 
     subparagraph (C)) multiplied by the ratio of--
       ``(i) the average monthly number of individuals enrolled in 
     the State plan under this title (including, if applicable, 
     individuals enrolled in a Medicaid Flexibility Program 
     conducted by the State under section 1903B but excluding any 
     individual enrolled under section 1902(a)(10)(A)(ii)(XXIII)) 
     for the previous fiscal year; to
       ``(ii) the sum of the average monthly numbers of 
     individuals enrolled in a State plan under this title 
     (including, if applicable, individuals enrolled in a Medicaid 
     Flexibility Program conducted by a State under section 1903B 
     but excluding any individual enrolled under section 
     1902(a)(10)(A)(ii)(XXIII)) for the previous fiscal year for 
     all States.
       ``(C) Annual increase amount.--In this paragraph, the term 
     `annual increase amount' means, with respect to a fiscal year 
     during the period described in subparagraph (A), an amount 
     equal to the total amount of additional Federal payments 
     which would have been made for medical assistance provided to 
     individuals under subclause (XXIII) of section 
     1902(a)(10)(A)(ii) for such fiscal year if the requirement 
     described in section 1902(nn)(1)(F) (relating to enrollment 
     as of December 31, 2017) did not apply (as determined by the 
     Director of the Office of Management and Budget).
       ``(D) Disregard of increase.--Any adjustment under this 
     paragraph to target total medical assistance expenditures for 
     a State and fiscal year shall be disregarded when determining 
     the target total medical assistance expenditures for such 
     State for a succeeding year under paragraph (1).''.
       (c) Expansion Repeal Savings Payments.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this section, the Secretary of Health and Human 
     Services shall make a payment to each State in the amount 
     determined for the State under paragraph (3).
       (2) Use of funds.--
       (A) In general.--A State shall use any payment received 
     under this section to finance the non-Federal share of 
     expenditures under the State plan under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.) which are not 
     attributable to medical assistance provided to individuals 
     under subclause (XXIII) of section 1902(a)(10)(A)(ii) of such 
     Act for the year in which such payment is received.
       (B) Nonapplication of restrictions.--Any provision of law 
     restricting the use of Federal funds for the purpose 
     described in subparagraph (A) shall not apply to payments 
     made to States under this subsection.
       (3) Payment amounts.--The amount of a payment determined 
     under this paragraph for a State shall be equal to the 
     product of--
       (A) the amount appropriated under paragraph (4); and
       (B) the ratio of--
       (i) the average monthly number of individuals enrolled in 
     the State plan under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) for calendar year 2016, excluding any 
     individuals enrolled under clause (i)(VIII) or (ii)(XX) of 
     section 1902(a)(10)(A) of such Act; to

[[Page S4568]]

       (ii) the sum of the average monthly numbers of individuals 
     enrolled in State plans under such title XIX for calendar 
     year 2016 for all States, excluding any individuals enrolled 
     under clause (i)(VIII) or (ii)(XX) of section 1902(a)(10)(A) 
     of such Act.
       (4) Appropriation.--For the purpose of carrying out this 
     subsection, there is appropriated to the Secretary of Health 
     and Human Services for fiscal year 2018 to remain available 
     until expended, an amount equal to the total amount of 
     additional Federal payments which would have been made for 
     medical assistance provided to individuals under subclause 
     (XXIII) of section 1902(a)(10)(A)(ii) of the Social Security 
     Act (42 U.S.C. 1396a(a)(10)(A)(ii)) for the period beginning 
     on January 1, 2018 and ending on September 30, 2019, if the 
     requirement described in section 1902(nn)(1)(F) of such Act 
     (relating to enrollment as of December 31, 2017) did not 
     apply (as determined by the Director of the Office of 
     Management and Budget).
       (d) Sunset of Essential Health Benefits Requirement.--
     Section 1937(b)(5) of the Social Security Act (42 U.S.C. 
     1396u-7(b)(5)) is amended by adding at the end the following: 
     ``This paragraph shall not apply after December 31, 2019.''.
                                 ______
                                 
  SA 621. Mr. TILLIS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ____. AUTHORIZATION OF PHYSICAL THERAPIST ASSISTANTS AND 
                   OCCUPATIONAL THERAPY ASSISTANTS TO PROVIDE 
                   SERVICES UNDER THE TRICARE PROGRAM.

       (a) Addition to List of Authorized Professional Providers 
     of Care.--The Secretary of Defense shall revise section 
     199.6(c) of title 32, Code of Federal Regulations, as in 
     effect on the date of the enactment of this Act, to add to 
     the list of individual professional providers of care who are 
     authorized to provide services to beneficiaries under the 
     TRICARE program, as defined in section 1072 of title 10, 
     United States Code, the following types of health care 
     practitioners:
       (1) Licensed or certified physical therapist assistants who 
     meet the qualifications for physical therapist assistants 
     specified in section 484.4 of title 42, Code of Federal 
     Regulations, or any successor regulation, to furnish services 
     under the supervision of a physical therapist.
       (2) Licensed or certified occupational therapy assistants 
     who meet the qualifications for occupational therapy 
     assistants specified in such section 484.4, or any successor 
     regulation, to furnish services under the supervision of an 
     occupational therapist.
       (b) Supervision.--The Secretary of Defense shall establish 
     in regulations requirements for the supervision of physical 
     therapist assistants and occupational therapy assistants, 
     respectively, by physical therapists and occupational 
     therapists, respectively.
       (c) Manuals and Other Guidance.--The Secretary of Defense 
     shall update the CHAMPVA Policy Manual and other relevant 
     manuals and subregulatory guidance of the Department of 
     Defense to carry out the revisions and requirements of this 
     section.
                                 ______
                                 
  SA 622. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1433. AUTHORITY OF CHIEF OPERATING OFFICER OF THE ARMED 
                   FORCES RETIREMENT HOME TO ACQUIRE AND LEASE 
                   PROPERTY.

       (a) Acquisition of Property.--Subsection (e) of section 
     1511 of the Armed Forces Retirement Home Act of 1991 (24 
     U.S.C. 411) is amended--
       (1) in paragraph (2)--
       (A) by striking ``Secretary of Defense may acquire,'' and 
     inserting ``Chief Operating Officer may acquire,''; and
       (B) by striking ``Secretary may acquire'' and inserting 
     ``Chief Operating Officer may acquire''; and
       (2) in paragraph (3)--
       (A) by striking ``Secretary of Defense determines'' and 
     inserting ``Chief Operating Officer determines''; and
       (B) by striking ``Secretary shall dispose'' and inserting 
     ``Chief Operating Officer shall dispose''.
       (b) Leasing of Nonexcess Property.--Subsection (i) of such 
     section is amended--
       (1) in paragraph (1)--
       (A) by striking ``Secretary of Defense (acting on behalf of 
     the Chief Operating Officer)'' and inserting ``Chief 
     Operating Officer''; and
       (B) by striking ``as the Secretary considers'' and 
     inserting ``(subject to paragraph (7)) as the Chief Operating 
     Officer considers'';
       (2) in paragraph (5), by striking ``the Secretary of 
     Defense may not enter into the lease on behalf of the Chief 
     Operating Officer'' and inserting ``the Chief Operating 
     Officer may not enter into the lease'';
       (3) in paragraph (6)(A), by striking ``Secretary of 
     Defense'' and inserting ``Chief Operating Officer'';
       (4) by redesignating paragraphs (7) and (8) as paragraphs 
     (8) and (9), respectively; and
       (5) by inserting after paragraph (6) the following new 
     paragraph (7):
       ``(7) A lease under this subsection may not be entered into 
     until the terms of the lease are approved by the Secretary of 
     Defense.''.
                                 ______
                                 
  SA 623. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. DEPARTMENT OF DEFENSE CYBER WORKFORCE DEVELOPMENT 
                   PILOT PROGRAM.

       (a) Establishment.--The Secretary of Defense may carry out 
     a pilot program to be known as the ``Cyber Workforce 
     Development Pilot Program'' (in this section referred to as 
     the ``Pilot Program'') under which the Secretary shall 
     provide funds, in addition to other funds that may be 
     available, for the recruitment, training, 
     professionalization, and retention of personnel in the cyber 
     workforce of the Department of Defense.
       (b) Purpose.--The purpose of the Pilot Program shall be to 
     assess the effectiveness of carrying out a full-scale talent 
     management program to ensure that the cyber workforce of the 
     Department of Defense has the capacity, in both personnel and 
     skills, needed to effectively perform its cyber missions and 
     the kinetic missions affected by cyber activities.
       (c) Management.--The Pilot Program shall be managed by the 
     Chief Information Officer of the Department of Defense, in 
     consultation with the Principal Cyber Advisor to the 
     Secretary of Defense.
       (d) Guidance.--The Chief Information Officer, in 
     consultation with the Principal Cyber Advisor to the 
     Secretary of Defense, shall issue guidance for the 
     administration of the Pilot Program. Such guidance shall 
     include provisions that--
       (1) identify areas of need in the cyber workforce that 
     funds under the Pilot Program may be used to address, 
     including--
       (A) changes to the types of skills needed in the cyber 
     workforce;
       (B) capabilities to develop the cyber workforce and assist 
     members of the cyber workforce in achieving qualifications 
     and professionalization through activities such as training, 
     education, and exchange programs;
       (C) incentives to retain qualified, experienced cyber 
     workforce personnel; and
       (D) incentives for attracting new, high-quality personnel 
     to the cyber workforce;
       (2) describe the process under which entities may submit an 
     application to receive funds under the Pilot Program;
       (3) describe the evaluation criteria to be used for 
     approving or prioritizing applications for funds under the 
     Pilot Program in any fiscal year; and
       (4) describe measurable objectives of performance for 
     determining whether funds under the Pilot Program are being 
     used in compliance with this section.
       (e) Considerations.--When selecting entities to provide 
     training and education services under the Pilot Program, 
     consideration shall be given to whether the entity providing 
     such services is a Center of Academic Excellence in 
     Information Assurance Education (as that term is defined in 
     section 2200e of title 10, United States Code).
       (f) Annual Report.--Not later than 120 days after the end 
     of each fiscal year for which funds are appropriated for the 
     Pilot Program, the Secretary shall submit to the 
     congressional defense committees a report on the operation of 
     the Pilot Program during such fiscal year. Each report shall 
     include, for the fiscal year covered by such report, the 
     following:
       (1) A description of the expenditures made under the Pilot 
     Program (including expenditures following a transfer of funds 
     under the Pilot Program to a military department or Defense 
     Agency) in such fiscal year, including the purpose of such 
     expenditures.
       (2) A description and assessment of improvements in the 
     Department of Defense cyber workforce resulting from such 
     expenditures.
       (3) Recommendations for additional authorities to fulfill 
     the purpose of the Pilot Program.
       (4) A statement of the funds that remain available under 
     the Pilot Program at the end of such fiscal year.
       (g) Termination.--The Pilot Program and the annual 
     reporting requirement under subsection (f) shall each 
     terminate on the date that is five years after the date on 
     which funds are first appropriated for the Pilot Program and 
     any funds not obligated or expended under the Pilot Program 
     on that date

[[Page S4569]]

     shall be deposited in the general fund of the Treasury of the 
     United States.
       (h) Cyber Workforce Defined.--In this section, the term 
     ``cyber workforce'' means the following:
       (1) Personnel in positions that require the performance of 
     cybersecurity or other cyber-related functions as so 
     identified pursuant to the Federal Cybersecurity Workforce 
     Assessment Act of 2015 (Public Law 114-113; 5 U.S.C. 301 
     note).
       (2) Military personnel or civilian employees of the 
     Department of Defense who are not described in paragraph (1) 
     but who--
       (A) are assigned functions that contribute significantly to 
     cyber operations; and
       (B) are designated as temporary members of the cyber 
     workforce by the Chief Information Officer of the Department 
     of Defense, or by the head of a military department or 
     Defense Agency, for the limited purpose of receiving training 
     for the performance of cyber-related functions.
                                 ______
                                 
  SA 624. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       On page __, between lines __ and __, insert the following:
       (3) affect the integrity or outcome of United States 
     elections at any level, including at the Federal, State, and 
     local levels;
                                 ______
                                 
  SA 625. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                   Subtitle H--Outsourcing Prevention

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Defending American Jobs 
     Act''.

     SEC. 1092. WORKFORCE DISCLOSURE REQUIREMENTS FOR DEFENSE 
                   CONTRACTS.

       (a) Information Required.--The Secretary of Defense shall 
     require each contractor that enters into a contract with the 
     Department of Defense for the procurement of property or 
     services to provide to the Department, on an annual basis for 
     the duration of the contract, the following information:
       (1) The number of individuals employed by the contractor in 
     the United States.
       (2) The number of individuals employed by the contractor 
     outside the United States.
       (3) A description of the wages and employee benefits being 
     provided to the employees of the contractor in the United 
     States.
       (4) A description of the wages and employee benefits being 
     provided to the employees of the contractor outside the 
     United States.
       (b) Certification Regarding Layoffs.--Beginning on the date 
     that is one year after a contractor enters into a contract 
     described under subsection (a), and annually thereafter for 
     the duration of the contract, the contractor shall provide, 
     in addition to the information required under subsection (a), 
     a written certification that contains the following 
     information:
       (1) The percentage of the workforce of the contractor 
     employed in the United States that has been laid off or 
     induced to resign from the contractor during the 12-month 
     period preceding the submission of the certification.
       (2) The percentage of the total workforce of the contractor 
     that has been laid off or induced to resign from the 
     contractor during the 12-month period preceding the 
     submission of the certification.
       (c) Prohibition on Awarding Contracts to Defense 
     Contractors That Lay Off a Greater Percentage of Workers in 
     the United States Than in Other Countries.--Notwithstanding 
     any other provision of law, if, in the written certification 
     provided to the Department of Defense by a contractor under 
     subsection (b), the percentage described in paragraph (1) of 
     such subsection is greater than the percentage described in 
     paragraph (2) of such subsection, the contractor shall be 
     ineligible for further contracts with the Department of 
     Defense until the contractor provides to the Department a 
     written certification that the number of employees of the 
     contractor in the United States is in the same proportion as, 
     or has increased in proportion to, the number of the 
     employees of the contractor worldwide as of the later of--
       (1) the date the contractor last made a certification under 
     subsection (b) concerning the contract that did not cause the 
     contractor to become ineligible under this subsection for a 
     Department of Defense contract; or
       (2) the date on which the contractor entered into the 
     contract for which the certification is being made.
                                 ______
                                 
  SA 626. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON DEFENSE CONTRACTING FRAUD.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     defense contracting fraud.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A summary of fraud-related criminal convictions and 
     civil judgements or settlements over the previous five fiscal 
     years.
       (2) A listing of contractors that within the previous five 
     fiscal years performed contracts for the Department of 
     Defense and were debarred or suspended from Federal 
     contracting based on a criminal conviction for fraud.
       (3) An assessment of the total value of Department of 
     Defense contracts entered into during the previous five 
     fiscal years with contractors that have been indicted for, 
     settled charges of, been fined by any Federal department or 
     agency for, or been convicted of fraud in connection with any 
     contract or other transaction entered into with the Federal 
     Government.
       (4) Recommendations by the Inspector General of the 
     Department of Defense or other appropriate Department of 
     Defense official regarding how to penalize contractors 
     repeatedly involved in fraud in connection with contracts or 
     other transactions entered into with the Federal Government, 
     including an update on implementation by the Department of 
     any previous such recommendations.
                                 ______
                                 
  SA 627. Mr. CARDIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STRIKING PROVISIONS THAT NEGATIVELY IMPACT THE 
                   ACCESSIBILITY AND AFFORDABILITY OF PEDIATRIC 
                   DENTAL SERVICES.

       Any provision of this Act shall be null and void and of no 
     effect if such provision would--
       (1) eliminate, limit access to, or reduce the affordability 
     of pediatric dental services by repealing all or parts of the 
     Affordable Care Act, block granting or imposing per capita 
     caps on the Medicaid program; or
       (2) otherwise negatively impact children's access to 
     coverage for such services.
                                 ______
                                 
  SA 628. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TO STRIKE PROVISIONS THAT WOULD ELIMINATE OR REDUCE 
                   CONSUMER PROTECTIONS PROVIDED BY THE PATIENT'S 
                   BILL OF RIGHTS UNDER PPACA.

       Any provision of this Act shall be null and void and of no 
     effect if such provision would eliminate or reduce the 
     consumer protections provided by the Patient's Bill of Rights 
     under the Patient Protection and Affordable Care Act, 
     including--
       (1) the ban on health plans discriminating against adults 
     and children with pre-existing conditions, dropping coverage, 
     limiting coverage under a health plan, limiting choice of 
     doctors, or restricting emergency room care;
       (2) the guarantee of a health plan enrollee's right to 
     appeal;
       (3) coverage of young adults under their parent's health 
     plans; and
       (4) coverage under a health plan of preventive care with no 
     cost-sharing.
                                 ______
                                 
  SA 629. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   DESTABILIZE THE INDIVIDUAL HEALTH INSURANCE 
                   MARKET IN 2018.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     destabilize the individual health insurance market in 2018.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate

[[Page S4570]]

     only by an affirmative vote of three-fifths of the Members, 
     duly chosen and sworn. An affirmative vote of three-fifths of 
     the Members of the Senate, duly chosen and sworn, shall be 
     required to sustain an appeal of the ruling of the Chair on a 
     point of order raised under subsection (a).
                                 ______
                                 
  SA 630. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   INCREASE MEDICAL BANKRUPTCIES.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     increase the number of medical bankruptcies in the United 
     States.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
                                 ______
                                 
  SA 631. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   DECREASE ACCESS TO MEDICATION ASSISTED 
                   TREATMENT.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     decrease access to medication assisted treatment.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
                                 ______
                                 
  SA 632. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       On page 820, line 14, insert ``, cost of backup power,'' 
     after ``energy security''.
                                 ______
                                 
  SA 633. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. LIMITATION ON MODIFICATION OF STATUS OF TRANSGENDER 
                   MEMBERS OF THE ARMED FORCES.

       (a) Limitation.--No action described in subsection (b) may 
     be taken with respect to transgender members of the Armed 
     Forces until 60 days after the date of the submittal to 
     Congress of a report on the six-month review being conducted 
     by the Secretary of Defense in order to evaluate the impact 
     of accessions of transgender individuals into the Armed 
     Forces on readiness and lethality that will include all 
     relevant considerations.
       (b) Actions.--An action described in this subsection with 
     respect to transgender members of the Armed Forces is any of 
     the following in connection with the nature of such members 
     as transgender individuals:
       (1) A modification of service status in the Armed Forces 
     (other than through the normal expiration of service 
     commitment or pursuant to a sentence of court-martial or 
     administrative board action).
       (2) A modification of current entitlement or eligibility 
     for health care benefits as a member of the Armed Forces, or 
     of the scope or nature of benefits to which entitled or 
     eligible.
       (3) Any change of responsibility or position (other than 
     through promotion or routine reassignment or deployment).
                                 ______
                                 
  SA 634. Mr. BENNET (for himself and Mr. Gardner) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RECOGNITION OF THE NATIONAL MUSEUM OF WORLD WAR II 
                   AVIATION.

       (a) Findings.--Congress finds the following:
       (1) World War II was one of the most consequential events 
     in the history of the United States, and it represents a time 
     of moral clarity and common purpose that continues to inspire 
     people in the United States.
       (2) The courage, bravery, and heroism of United States 
     aviators played a critical role in the success of the United 
     States during World War II.
       (3) The National Museum of World War II Aviation in 
     Colorado Springs, Colorado, is the only museum in the United 
     States that exists exclusively to preserve and advance 
     education on the role of aviation in winning World War II.
       (4) The National Museum of World War II Aviation celebrates 
     the spirit of the United States, recognizing the teamwork, 
     collaboration, patriotism, and courage of the men and women 
     who fought in the war abroad, as well as those who mobilized 
     and supported the national aviation effort on the homefront.
       (b) Recognition.--The National Museum of World War II 
     Aviation in Colorado Springs, Colorado, is recognized as 
     America's National World War II Aviation Museum.
       (c) Effect of Recognition.--The National Museum recognized 
     by this section is not a unit of the National Park System, 
     and the recognition of the National Museum shall not be 
     construed to require or permit Federal funds to be expended 
     for any purpose related to the National Museum.
                                 ______
                                 
  SA 635. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       Strike section 1606 and insert the following:

     SEC. 1606. LAUNCH SUPPORT AND INFRASTRUCTURE MODERNIZATION.

       (a) In General.--In support of the policy outlined in 
     section 2273 of title 10, United States Code, the Secretary 
     of Defense shall carry out a program to modernize 
     infrastructure and improve support activities for processing 
     and launch of United States national security space missions 
     from Federal ranges.
       (b) Elements.--The program required by this section shall 
     include--
       (1) investments in infrastructure to improve operations at 
     ranges in the United States that launch national security 
     space missions that may benefit all users, to enhance the 
     overall capabilities of those ranges, to improve safety, and 
     to reduce the long-term cost of operations and maintenance;
       (2) measures to normalize processes, systems, and products 
     across the ranges described in paragraph (1) to minimize the 
     burden on launch providers; and
       (3) improvements in transparency, flexibility, and 
     responsiveness for launch scheduling.
       (c) Consultation.--In carrying out the program required by 
     this section, the Secretary should consult with current and 
     anticipated users of ranges in the United States that launch 
     national security space missions.
       (d) Cooperation.--In carrying out this section, the 
     Secretary should consider partnerships authorized under 
     section 2276 of title 10, United States Code.
       (e) Report.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the congressional defense committees a report on the plan 
     for the implementation of the launch support and 
     infrastructure modernization program at ranges in the United 
     States that launch national security space missions.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a description of plans and the resources needed to 
     improve launch support infrastructure, utilities, support 
     equipment, and range operations;
       (B) a description of plans to streamline and normalize 
     processes, systems, and products at ranges described in 
     paragraph (1) to ensure consistency for range users; and
       (C) recommendations for improving transparency, 
     flexibility, and responsiveness in launch scheduling.
                                 ______
                                 
  SA 636. Mr. PERDUE (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, to authorize 
appropriations for fiscal year 2018 for military

[[Page S4571]]

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

       Strike section 1003 and insert the following:

     SEC. ___. CERTIFICATIONS ON RELIABILITY OF THE FINANCIAL 
                   STATEMENTS OF THE DEPARTMENT OF DEFENSE AND THE 
                   MILITARY DEPARTMENTS, DEFENSE AGENCIES, AND 
                   OTHER ORGANIZATIONS AND ELEMENTS OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Department of Defense.--Not later than September 30, 
     2017, and each year thereafter, the Secretary of Defense 
     shall certify to the congressional defense committees whether 
     or not the full financial statements of the Department of 
     Defense are reliable as of the date of such certification.
       (b) Military Departments, Defense Agencies, and Other 
     Organizations and Elements.--
       (1) In general.--Not later than September 30, 2017, and 
     each year thereafter, each Secretary of a military 
     department, each head of a Defense Agency, and each head of 
     any other organization or element of the Department of 
     Defense designated by the Secretary of Defense for purposes 
     of this subsection shall certify to the congressional defense 
     committees whether or not the full financial statements of 
     the military department, the Defense Agency, or the 
     organization or element concerned became reliable during the 
     fiscal year in which such certification is to be submitted.
       (2) Transmittal through secretary of defense.--The 
     individual certifications required by this subsection shall 
     be transmitted to the congressional defense committees 
     collectively by the Secretary under procedures established by 
     the Secretary for purposes of this subsection.
       (c) Termination on Receipt of Unmodified Audit Opinion on 
     Full Financial Statements.--A certification is no longer 
     required under subsection (a) or (b) with respect to the 
     Department of Defense, or a military department, Defense 
     Agency, or organization or element of the Department, as 
     applicable, after the Department of Defense or such military 
     department, Defense Agency, or organization or element 
     receives an unmodified audit opinion on its full financial 
     statements.

     SEC. ___. STREAMLINING OF REQUIREMENTS IN CONNECTION WITH 
                   AUDITS AND THE RELIABILITY OF THE FINANCIAL 
                   STATEMENTS OF THE DEPARTMENT OF DEFENSE.

       (a) Repeal of Limitation on Inspector General Conduct of 
     Audit of Unreliable Financial Statements.--Section 1008 of 
     the National Defense Authorization Act for Fiscal Year 2002 
     (10 U.S.C. 113 note) is amended by striking subseciton (d).
       (b) Cessation of Applicability of Financial Improvement and 
     Audit Readiness Plan Requirements.--Section 1003 of the 
     National Defense Authorization Act for Fiscal Year 2010 (10 
     U.S.C. 2222 note) is amended by adding at the end the 
     following new subsection:
       ``(d) Cessation of Applicability.--This section and the 
     requirements of this section shall cease to be effective on 
     the date on which the Secretary of Defense submits to the 
     congressional defense committees a report setting forth a 
     certification that the financial statements of each 
     department, agency, activity, and other component of the 
     Department of Defense are under audit.''.

     SEC. ___. RANKINGS OF AUDITABILITY OF FINANCIAL STATEMENTS OF 
                   THE ORGANIZATIONS AND ELEMENTS OF THE 
                   DEPARTMENT OF DEFENSE.

       Not later than 30 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of Defense 
     shall, in coordination with the Under Secretary of Defense 
     (Comptroller), submit to the congressional defense committees 
     a report setting forth a ranking of the auditability of the 
     financial statements of the departments, agencies, 
     organizations, and elements of the Department of Defense 
     according to the progress made toward achieving auditability 
     as required by law. The Under Secretary shall determine the 
     criteria to be used for purposes of the rankings.
                                 ______
                                 
  SA 637. Mr. HELLER (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TRANSPORTATION ON MILITARY AIRCRAFT ON A SPACE-
                   AVAILABLE BASIS FOR DISABLED VETERANS WITH A 
                   SERVICE-CONNECTED, PERMANENT DISABILITY RATED 
                   AS TOTAL.

       (a) Availability of Transportation.--Section 2641b of title 
     10, United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following:
       ``(f) Special Priority for Certain Disabled Veterans.--(1) 
     The Secretary of Defense shall provide transportation on 
     scheduled and unscheduled military flights within the 
     continental United States and on scheduled overseas flights 
     operated by the Air Mobility Command on a space-available 
     basis for any veteran with a service-connected, permanent 
     disability rated as total.
       ``(2) Notwithstanding subsection (d)(1), in establishing 
     space-available transportation priorities under the travel 
     program, the Secretary shall provide transportation under 
     paragraph (1) on the same basis as such transportation is 
     provided to members of the armed forces entitled to retired 
     or retainer pay.
       ``(3) The requirement to provide transportation on 
     Department of Defense aircraft on a space-available basis on 
     the priority basis described in paragraph (2) to veterans 
     covered by this subsection applies whether or not the travel 
     program is established under this section.
       ``(4) In this subsection, the terms `veteran' and `service-
     connected' have the meanings given those terms in section 101 
     of title 38.''.
       (b) Effective Date.--Subsection (f) of section 2641b of 
     title 10, United States Code, as added by subsection (a)(2) 
     of this section, shall take effect at the end of the 90-day 
     period beginning on the date of the enactment of this Act.
                                 ______
                                 
  SA 638. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. DETERMINATION OF CERTAIN SERVICE IN PHILIPPINES 
                   DURING WORLD WAR II.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Secretary of Veterans Affairs and such military 
     historians as the Secretary of Defense considers appropriate, 
     shall establish a process to determine whether a covered 
     individual served as described in subsection (a) or (b) of 
     section 107 of title 38, United States Code, for purposes of 
     determining whether such covered individual is eligible for 
     benefits described in such subsections.
       (b) Covered Individuals.--For purposes of this section, a 
     covered individual is any individual who--
       (1) claims service described in subsection (a) or (b) of 
     section 107 of title 38, United States Code; and
       (2) is not included in the Approved Revised Reconstructed 
     Guerilla Roster of 1948, known as the ``Missouri List''.
                                 ______
                                 
  SA 639. Mr. HELLER (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   MILITARY RETIREES WITH COMPENSABLE SERVICE-
                   CONNECTED DISABILITIES.

       (a) Extension of Concurrent Receipt Authority to Retirees 
     With Service-Connected Disabilities Rated Less Than 50 
     Percent.--Section 1414 of title 10, United States Code, is 
     amended by striking paragraph (2) of subsection (a).
       (b) Clerical Amendments.--
       (1) The heading of section 1414 of such title is amended to 
     read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2018, and shall apply to 
     payments for months beginning on or after that date.

     SEC. ___. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendments To Standardize Similar Provisions.--
       (1) Qualified retirees.--Subsection (a) of section 1414 of 
     title 10, United States Code, as amended by section ___(a), 
     is amended--

[[Page S4572]]

       (A) by striking ``a member or'' and all that follows 
     through ``retiree')'' and inserting ``a qualified retiree''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Qualified retirees.--For purposes of this section, a 
     qualified retiree, with respect to any month, is a member or 
     former member of the uniformed services who--
       ``(A) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(B) is also entitled for that month to veterans' 
     disability compensation.''.
       (2) Disability retirees.--Paragraph (2) of subsection (b) 
     of section 1414 of such title is amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2018, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 640. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 583. STRATEGY ON TRANSITION OF MEMBERS OF THE ARMED 
                   FORCES WITH EXPERIENCE AND SKILLS IN UNMANNED 
                   AIRCRAFT SYSTEMS TO FEDERAL AGENCIES WITH 
                   POSITIONS REQUIRING SUCH SKILLS AND EXPERIENCE.

       The Secretary of Defense shall, in consultation with the 
     Administrator of the Federal Aviation Administration and the 
     Administrator of the National Aeronautics and Space 
     Administration, submit to Congress a report setting forth a 
     strategy for means to facilitate and encourage members of the 
     Armed Forces with experience and skills in unmanned aircraft 
     systems to obtain positions with Federal agencies requiring 
     such skills and experience after their separation from 
     military service.
                                 ______
                                 
  SA 641. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 654. PROHIBITION ON THE PRIVATIZATION OF THE DEFENSE 
                   COMMISSARY SYSTEM.

       The Secretary of Defense may not privatization the defense 
     commissary system under chapter 147 of title 10, United 
     States Code.
                                 ______
                                 
  SA 642. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REVIEW OF TAP FOR WOMEN.

       The Secretary of Defense shall conduct a comprehensive 
     review of the Transition Assistance Program to ensure that it 
     addresses the unique challenges and needs of women as they 
     transfer from the Armed Forces to civilian life.
                                 ______
                                 
  SA 643. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROGRAM TO ENCOURAGE MILITARY MEDICAL PROFESSIONALS 
                   TRANSITIONING OUT OF THE ARMED FORCES TO SEEK 
                   EMPLOYMENT WITH THE VETERANS HEALTH 
                   ADMINISTRATION.

       (a) In General.--The Secretary of Defense shall establish a 
     program to encourage individuals who are transitioning out of 
     the Armed Forces and who served in the Armed Forces with a 
     military occupational specialty relating to the provision of 
     health care to seek employment with the Veterans Health 
     Administration of the Department of Veterans Affairs.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed--
       (1) to 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) to circumvent any existing requirement relating to a 
     detail, reassignment, or other transfer of such a former 
     member to the Veterans Health Administration.
                                 ______
                                 
  SA 644. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON THE IMPACT OF THE YUCCA MOUNTAIN NUCLEAR 
                   WASTE REPOSITORY ON NELLIS AIR FORCE BASE AND 
                   CREECH AIR FORCE BASE, NEVADA.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of the Air Force shall submit to 
     Congress a report setting forth a study, conducted by the 
     Secretary for purposes of the report, of proposed operations 
     at the Yucca Mountain Nuclear Waste Repository, including 
     transportation routes, on operations at each of the 
     following:
       (1) Nellis Air Force Base, Nevada.
       (2) Creech Air Force Base, Nevada.
                                 ______
                                 
  SA 645. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GAO ANALYSIS OF CO-OP PLANS.

       Not later than 12 months after the date of enactment of 
     this Act, the Comptroller General of the United States shall 
     conduct an analysis, and submit to Congress a report 
     concerning the results of such analysis, of the health 
     insurance issuers that participated in the Consumer Operated 
     and Oriented Plan program under section 1322 of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18042) and are 
     no longer offering such a Plan under such program.
                                 ______
                                 
  SA 646. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS 
                   ACCOUNT INCREASED TO 150 PERCENT OF THE AMOUNT 
                   OF DEDUCTIBLE AND OUT-OF-POCKET LIMITATION.

       (a) Self-Only Coverage.--Section 223(b)(2)(A) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``$2,250'' and inserting ``150 percent of the amount in 
     effect under subsection (c)(2)(A)(ii)(I)''.
       (b) Family Coverage.--Section 223(b)(2)(B) of such Code is 
     amended by striking ``$4,500'' and inserting ``150 percent of 
     the amount in effect under subsection (c)(2)(A)(ii)(II)''.
       (c) Cost-of-living Adjustment.--Section 223(g)(1) of such 
     Code is amended--
       (1) by striking ``subsections (b)(2) and'' both places it 
     appears and inserting ``subsection'', and
       (2) in subparagraph (B), by striking ``determined by'' and 
     all that follows through `` `calendar year 2003'.'' and 
     inserting ``determined by substituting `calendar year 2003' 
     for `calendar year 1992' in subparagraph (B) thereof.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.
                                 ______
                                 
  SA 647. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to

[[Page S4573]]

provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF ESSENTIAL HEALTH BENEFITS REQUIREMENT.

       On January 1, 2018, section 1302 of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18022) shall have no force 
     or effect.
                                 ______
                                 
  SA 648. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF AGE RATING RESTRICTIONS.

       Section 2701(a)(1)(A)(ii) of the Public Health Service Act 
     (42 U.S.C. 300gg(a)(1)(A)(ii)) is amended by striking ``, 
     except that'' and all that follows through ``2707(c))''.
                                 ______
                                 
  SA 649. Mr. ALEXANDER (for himself, Mr. Barrasso, Mr. Grassley, and 
Mr. Sasse) submitted an amendment intended to be proposed by him to the 
bill H.R. 1628, to provide for reconciliation pursuant to title II of 
the concurrent resolution on the budget for fiscal year 2017; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. WAIVERS FOR STATE INNOVATION.

       (a) In General.--Section 1332 of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18052) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (B)--

       (I) by amending clause (i) to read as follows:

       ``(i) a description of how the State plan meeting the 
     requirements of a waiver under this section would, with 
     respect to health insurance coverage within the State--

       ``(I) take the place of the requirements described in 
     paragraph (2) that are waived; and
       ``(II) provide for alternative means of, and requirements 
     for, increasing access to comprehensive coverage, reducing 
     average premiums, providing consumers the freedom to purchase 
     the health insurance of their choice, and increasing 
     enrollment in private health insurance; and''; and
       (II) in clause (ii), by striking ``that is budget neutral 
     for the Federal Government'' and inserting ``, demonstrating 
     that the State plan does not increase the Federal deficit''; 
     and

       (ii) in subparagraph (C), by striking ``the law'' and 
     inserting ``a law or has in effect a certification''; and
       (B) in paragraph (3)--
       (i) in the first sentence, by inserting ``or would qualify 
     for a reduction in'' after ``would not qualify for'';
       (ii) by adding after the second sentence the following: ``A 
     State may request that all of, or any portion of, such 
     aggregate amount of such credits or reductions be paid to the 
     State as described in the first sentence.'';
       (iii) in the paragraph heading, by striking ``Pass through 
     of funding'' and inserting ``Funding'';
       (iv) by striking ``With respect'' and inserting the 
     following:
       ``(A) Pass through of funding.--With respect''; and
       (v) by adding at the end the following:
       ``(B) Additional funding.--There is authorized to be 
     appropriated, and is appropriated, to the Secretary of Health 
     and Human Services, out of monies in the Treasury not 
     otherwise obligated, $2,000,000,000 for fiscal year 2017, to 
     remain available until the end of fiscal year 2019, to 
     provide grants to States for purposes of submitting an 
     application for a waiver granted under this section and 
     implementing the State plan under such waiver.
       ``(C) Authority to use long-term state innovation and 
     stability allotment.--If the State has an application for an 
     allotment under section 2105(i) of the Social Security Act 
     for the plan year, the State may use the funds available 
     under the State's allotment for the plan year to carry out 
     the State plan under this section, so long as such use is 
     consistent with the requirements of paragraphs (1) and (7) of 
     section 2105(i) of such Act (other than paragraph (1)(B) of 
     such section). Any funds used to carry out a State plan under 
     this subparagraph shall not be considered in determining 
     whether the State plan increases the Federal deficit.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``may'' and inserting ``shall''; and
       (II) by striking ``only if'' and inserting ``unless''; and

       (ii) by striking ``plan--'' and all that follows through 
     the period at the end of subparagraph (D) and inserting 
     ``application is missing a required element under subsection 
     (a)(1) or that the State plan will increase the Federal 
     deficit, not taking into account any amounts received through 
     a grant under subsection (a)(3)(B).'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by inserting ``or certify'' 
     after ``law'';
       (ii) in subparagraph (A), by inserting before the period 
     ``, and a certification described in this paragraph is a 
     document, signed by the Governor, and the State insurance 
     commissioner, of the State, that provides authority for State 
     actions under a waiver under this section, including the 
     implementation of the State plan under subsection 
     (a)(1)(B)''; and
       (iii) in subparagraph (B)--

       (I) in the subparagraph heading, by striking ``of opt 
     out''; and
       (II) by striking `` may repeal a law'' and all that follows 
     through the period at the end and inserting the following: 
     ``may terminate the authority provided under the waiver with 
     respect to the State by--

       ``(i) repealing a law described in subparagraph (A); or
       ``(ii) terminating a certification described in 
     subparagraph (A), through a certification for such 
     termination signed by the Governor, and the State insurance 
     commissioner, of the State.'';
       (3) in subsection (d)--
       (A) in paragraph (2)(B), by striking ``and the reasons 
     therefore'' and inserting ``and the reasons therefore, and 
     provide the data on which such determination was made''; and
       (B) by adding at the end the following:
       ``(3) Expedited determination.--The Secretary shall 
     establish an expedited determination process in which a State 
     may request that a determination on an application under 
     subsection (a)(1) be made not later than 45 days after the 
     receipt of such application. A State may request an expedited 
     determination by the Secretary under such process if the 
     State determines the time for determination under paragraph 
     (1) would prevent a State from responding in a timely manner 
     to an urgent situation with respect to ensuring access to 
     private health insurance coverage within such State or a 
     portion of such State for the current or following plan 
     year.''; and
       (4) in subsection (e), by striking ``No waiver'' and all 
     that follows through the period at the end and inserting the 
     following: ``A waiver under this section--
       ``(1) shall be in effect for a period of 8 years unless the 
     State requests a shorter duration;
       ``(2) may be renewed for unlimited additional 8-year 
     periods upon application by the State; and
       ``(3) may not be cancelled by the Secretary before the 
     expiration of the 8-year period (including any renewal period 
     under paragraph (2)).''.
       (b) Applicability.--Section 1332 of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18052) shall apply as 
     follows:
       (1) In the case of a State for which a waiver under such 
     section was granted prior to the date of enactment of this 
     Act, such section 1332, as in effect on the day before the 
     date of enactment of this Act shall apply to the waiver and 
     State plan.
       (2) In the case of a State that submitted an application 
     for a waiver under such section prior to the date of 
     enactment of this Act, and which application the Secretary of 
     Health and Human Services has not approved prior to such 
     date, the State may elect to have such section 1332, as in 
     effect on the day before the date of enactment of this Act, 
     or such section 1332, as amended by subsection (a), apply to 
     such application and State plan.
       (3) In the case of a State that submits an application for 
     a waiver under such section on or after the date of enactment 
     of this Act, such section 1332, as amended by subsection (a), 
     shall apply to such application and State plan.
                                 ______
                                 
  SA 650. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN 
                   MEDICAL TRAINING.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2017. Use of human-based methods for certain medical 
       training

       ``(a) Combat Trauma Injuries.--(1) Not later than October 
     1, 2020, the Secretary of Defense shall develop, test, and 
     validate human-based training methods for the purpose of 
     training members of the armed forces in the treatment of 
     combat trauma injuries with the goal of replacing live 
     animal-based training methods.
       ``(2) Not later than October 1, 2022, the Secretary--
       ``(A) shall only use human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries; and
       ``(B) may not use animals for such purpose.
       ``(b) Exception for Particular Commands and Training 
     Methods.--(1) The Secretary

[[Page S4574]]

     may exempt a particular command, particular training method, 
     or both, from the requirement for human-based training 
     methods under subsection (a)(2) if the Secretary determines 
     that human-based training methods will not provide an 
     educationally equivalent or superior substitute for live 
     animal-based training methods for such command or training 
     method, as the case may be.
       ``(2) Any exemption under this subsection shall be for such 
     period, not more than one year, as the Secretary shall 
     specify in granting the exemption. Any exemption may be 
     renewed (subject to the preceding sentence).
       ``(c) Annual Reports.--(1) Not later than October 1, 2018, 
     and each year thereafter, the Secretary shall submit to the 
     congressional defense committees a report on the development 
     and implementation of human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries under this section.
       ``(2) Each report under this subsection on or after October 
     1, 2022, shall include a description of any exemption under 
     subsection (b) that is in force at the time of such report, 
     and a current justification for such exemption.
       ``(d) Definitions.--In this section:
       ``(1) The term `combat trauma injuries' means severe 
     injuries likely to occur during combat, including--
       ``(A) hemorrhage;
       ``(B) tension pneumothorax;
       ``(C) amputation resulting from blast injury;
       ``(D) compromises to the airway; and
       ``(E) other injuries.
       ``(2) The term `human-based training methods' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       ``(A) simulators;
       ``(B) partial task trainers;
       ``(C) moulage;
       ``(D) simulated combat environments;
       ``(E) human cadavers; and
       ``(F) rotations in civilian and military trauma centers.
       ``(3) The term `partial task trainers' means training aids 
     that allow individuals to learn or practice specific medical 
     procedures.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by adding 
     at the end the following new item:

``2017. Use of human-based methods for certain medical training.''.
                                 ______
                                 
  SA 651. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MANAGEMENT OF CERTAIN LITIGATION ON BEHALF OF 
                   INDEMNIFIED PRIVATE CONTRACTORS.

       (a) In General.--In cases where litigation between an 
     indemnified Department of Defense contractor and a member of 
     the Armed Forces relating to the member's work for the 
     contractor exceeds a period of two years without final 
     judgement or settlement, the Department shall exercise its 
     contractual right to manage the litigation on behalf of the 
     contractor. In doing so, the Department shall ensure that the 
     fiscal burden on taxpayers is minimized by avoiding 
     unnecessarily long and expensive litigation, while 
     simultaneously resolving the claim in a way that meets the 
     Department's obligations to members of the Armed Forces and 
     their families fairly and in a timely manner.
       (b) Indemnified Department of Defense Contractor Defined.--
     In this section, the term ``indemnified Department of Defense 
     contractor'' means a contractor that has been indemnified by 
     the Department of Defense against civil judgments or 
     liability for injuries, sickness, or death of members of the 
     Armed Forces related to their work with the contractor.
                                 ______
                                 
  SA 652. Mr. WYDEN (for himself and Ms. Hirono) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENT TO ESTABLISH REPOSITORY FOR OPERATIONAL 
                   ENERGY-RELATED RESEARCH AND DEVELOPMENT EFFORTS 
                   OF DEPARTMENT OF DEFENSE.

       (a) Repository Required.--Not later than December 31, 2018, 
     the Secretary of Defense, acting through the Assistant 
     Secretary of Defense for Research and Engineering and in 
     collaboration with the Assistant Secretary of Defense for 
     Operational Energy Plans and Programs and the Secretaries of 
     the military departments, shall establish a centralized 
     repository for all operational energy-related research and 
     development efforts of the Department of Defense, including 
     with respect to the inception, operational, and complete 
     phases of such efforts.
       (b) Internet Access.--The Secretary of Defense shall ensure 
     that the repository required by subsection (a) is accessible 
     through an Internet website of the Department of Defense and 
     by all employees of the Department and members of the Armed 
     Forces whom the Secretary determines appropriate, including 
     all program managers involved in such research and 
     development efforts, to enable improved collaboration between 
     military departments on research and development efforts 
     described in subsection (a), enable sharing of best practices 
     and lessons learned relating to such efforts, and reduce 
     redundancy in such efforts.
                                 ______
                                 
  SA 653. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       On page 344, strike lines 1 though 7 and insert the 
     following:

     SEC. 864. MODIFICATION OF LIMITATIONS ON PROCUREMENT OF 
                   PHOTOVOLTAIC DEVICES BY THE DEPARTMENT OF 
                   DEFENSE.

       (a) Requirement To Provide Photovoltaic Devices From United 
     States Sources.--Section 858 of the Carl Levin and Howard P. 
     ``Buck'' McKeon National Defense Authorization Act for Fiscal 
     Year 2015 (10 U.S.C. 2534 note; Public Law 113-291) is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``, excluding installation costs'' before 
     ``, unless''; and
       (B) by inserting ``substantial and'' before ``unreasonable 
     costs''; and
       (2) in subsection (b)(1)(B)--
       (A) by striking ``exclusive'' and inserting ``principal''; 
     and
       (B) by striking ``full''.
       (b) Procurement of Photovoltaic Devices.--Section 846(b)(2) 
     of the Ike Skelton National Defense Authorization Act for 
     Fiscal Year 2011 (10 U.S.C. 2534 note; Public Law 111-383) is 
     amended--
       (1) by striking ``exclusive'' and inserting ``principal''; 
     and
       (2) by striking ``full''.
                                 ______
                                 
  SA 654. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       On page 344, strike lines 1 through 7.
                                 ______
                                 
  SA 655. Ms. KLOBUCHAR (for herself, Mr. Whitehouse, Mr. Durbin, and 
Ms. Warren) submitted an amendment intended to be proposed by her to 
the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle C of title XVI, insert 
     the following:

     SEC. ___. PROHIBITION ON USE OF FEDERAL FUNDS FOR JOINT 
                   CYBERSECURITY INTIATIVE WITH RUSSIA.

       (a) Prohibition.--No Federal funds may be used to 
     establish, support, or otherwise promote, directly or 
     indirectly, the formation of or any United States 
     participation in a joint cybersecurity initiative involving 
     the Government of the Russian Federation or any entity 
     operation under the direction of such government.
       (b) Waiver.--Prohibition imposed under subsection (a) shall 
     terminate on the date on which the President submits to the 
     congressional defense committees a written certification that 
     the Government of the Russian Federation has--
       (1) ceased ordering, controlling, or otherwise directing, 
     supporting, or financing, acts intended to undermine 
     democracies around the world; and
       (2) submitted a written statement acknowledging 
     interference in the 2016 United States presidential election.
                                 ______
                                 
  SA 656. Ms. KLOBUCHAR (for herself and Mr. Graham) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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

[[Page S4575]]

personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ASSISTING STATES IN ADOPTING BEST PRACTICES FOR 
                   PROTECTING THE INTEGRITY OF FEDERAL ELECTIONS.

       (a) Development of Best Practices.--
       (1) In general.--The Help America Vote Act of 2002 (52 
     U.S.C. 20901 et seq.) is amended by inserting after section 
     247 the following new section:

     ``SEC. 248. STUDY AND REPORT ON BEST PRACTICES FOR PROTECTING 
                   THE INTEGRITY OF FEDERAL ELECTIONS AND FOR 
                   STORING AND SECURING VOTER REGISTRATION DATA.

       ``(a) In General.--The Commission, in consultation with the 
     National Institute of Standards and Technology, the Secretary 
     of the Department of Homeland Security, the Election 
     Assistance Commission Standards Board, the Election 
     Assistance Commission Board of Advisors, the Election 
     Assistance Commission Technical Guidelines Development 
     Committee, the National Association of Secretaries of State, 
     the National Association of State Election Directors, the 
     National Association of Election Officials, the International 
     Association of Government Officials, the National Association 
     of State Chief Information Officers, the Multi-State 
     Information Sharing and Analysis Center, and other 
     stakeholders the Commission determines necessary, shall 
     conduct a study on each of the following:
       ``(1) Best practices for cybersecurity of Federal 
     elections, including best practices for storing and securing 
     voter registration data.
       ``(2) Best practices for election audits.
       ``(b) Public Hearings.--In conducting each of the studies 
     under this section, the Commission shall hold public 
     hearings.
       ``(c) Issues Considered.--
       ``(1) Cybersecurity of federal elections, including best 
     practices for storing and securing voter registration data.--
     In conducting the study under subsection (a)(1), the 
     Commission shall consider the following:
       ``(A) The interference by foreign actors in the 2016 
     Federal election.
       ``(B) The opinion of intelligence officials that foreign 
     states are likely to attempt to interfere in future Federal 
     elections.
       ``(C) Election administration profiles based on the 
     cybersecurity framework of the National Institute of 
     Standards and Technology.
       ``(D) Best practices for storing and securing voter 
     registration data.
       ``(E) All components of election infrastructure, as 
     designated by the Secretary of Homeland Security, on January 
     6, 2017, as a subsector of a critical infrastructure sector 
     (as defined in section 2001 of the Homeland Security Act of 
     2002 (6 U.S.C. 601)).
       ``(F) The implications of the aging of voting equipment on 
     cybersecurity.
       ``(G) Any existing Federal funding sources that may be used 
     to assist State and local governments to improve election 
     cybersecurity.
       ``(H) Any related issues the Commission identifies as 
     necessary to complete a comprehensive study of best practices 
     for cybersecurity of Federal elections.
       ``(2) Election audits.--In conducting the study under 
     subsection (a)(2), the Commission shall consider the 
     following:
       ``(A) Public confidence in the administration of Federal 
     elections.
       ``(B) Verifying the integrity of the election process.
       ``(C) Confirming the accuracy of results reported by the 
     voting system.
       ``(D) Ensuring that the voting system is accurately 
     tabulating ballots.
       ``(E) Ensuring that the winners of each election for 
     Federal office are called correctly.
       ``(F) Current State requirements related to election 
     audits.
       ``(G) Durational requirements needed to facilitate an 
     election audit prior to election certification, including 
     variations in the acceptance of postal ballots and election 
     certification deadlines.
       ``(H) Administrative requirements and challenges for 
     various types of election audits.
       ``(I) The potential to identify areas of improvement in 
     election administration using varying types of election 
     audits.
       ``(J) The use of voting systems producing voter-verified 
     paper ballots.
       ``(K) Any related issues the Commission identifies as 
     necessary to complete a comprehensive study of best practices 
     for election audits.
       ``(d) Report and Recommendations.--Not later than the date 
     that is 6 months after the date of the enactment of this 
     section, the Commission shall submit a report to the 
     Committee on Rules and Administration of the Senate and the 
     Committee on Administration of the House of Representatives 
     on each of the studies conducted under this section, together 
     with recommendations with the matters described in paragraphs 
     (1) and (2) of subsection (a).''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     247 the following new item:

``Sec. 248. Study and report on best practices for protecting the 
              integrity of Federal elections.''.
       (b) Election Technology Improvement Grants.--
       (1) In general.--The Help America Vote Act of 2002 (52 
     U.S.C. 20901 et seq.) is amended by adding at the end the 
     following new title:

           ``TITLE X--ELECTION TECHNOLOGY IMPROVEMENT GRANTS

     ``SEC. 1001. ELECTION TECHNOLOGY IMPROVEMENT GRANTS.

       ``(a) In General.--The Commission shall make a payment in 
     an amount determined under section 1002 to each State which 
     meets the conditions described in section 1003.
       ``(b) Use of Funds.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     State receiving payment under this title shall use the 
     payment--
       ``(A) in the case of a State that has undergone a Security 
     Risk an Vulnerability Assessment from the Department of 
     Homeland Security with respect to the State's election 
     system, to address any recommendations or vulnerabilities 
     resulting from such assessment, and
       ``(B) to implement the recommendations of the Commission 
     under section 248(d) in accordance with the plan developed 
     under section 1003.

     In the case of a State described in subparagraph (A), no 
     amount of the payment received under this title may be used 
     for any purpose described in subparagraph (B) before the date 
     the State submits a State plan that meets the requirements of 
     section 1003(b)(1)(A).
       ``(2) Other activities.--A State may use a payment under 
     this title to carry out other activities to improve the 
     administration of elections for Federal office if the State 
     certifies to the Commission that--
       ``(A) the State has implemented the recommendations of the 
     Commission under section 248(d);
       ``(B) the State will use any remaining funds to improve, 
     upgrade, or acquire new technological equipment related to 
     election administration, which may include--
       ``(i) voting machines;
       ``(ii) election management systems;
       ``(iii) electronic poll books;
       ``(iv) online voter registration systems;
       ``(v) participation in the Electronic Registration 
     Information Center;
       ``(vi) accessible voting equipment; and
       ``(vii) other technological upgrades identified by the 
     Commission in the studies conducted under section 248(a); and
       ``(C) the State has appropriated funds for carrying out 
     such activities in an amount equal to 10 percent of the total 
     amount to be spent for such activities (taking into account 
     the payment under this section and the amount spent by the 
     State).

     No amount of the payment received under this title may be 
     used for any purpose described in this paragraph before the 
     date the State submits the certification described in section 
     1003(b)(1)(C).
       ``(3) Prohibition on use for voting machines not producing 
     voter-verified paper ballots.--
       ``(A) In general.--None of the payments provided under this 
     title may be used for any voting system that does not produce 
     a voter-verified paper ballot.
       ``(B) Exception.--Subparagraph (A) shall not apply to any 
     payment used for the purposes described in paragraph (1)(A).

     ``SEC. 1002. ALLOCATION OF FUNDS.

       ``(a) In General.--Subject to subsection (c), the amount of 
     a payment made to a State under this title shall be equal to 
     the product of--
       ``(1) the total amount appropriated for payments pursuant 
     to the authorization under section 1007; and
       ``(2) the State allocation percentage for the State (as 
     determined under subsection (b)).
       ``(b) State Allocation Percentage Defined.--The `State 
     allocation percentage' for a State is the amount (expressed 
     as a percentage) equal to the quotient of--
       ``(1) the voting age population of the State (as reported 
     in the most recent decennial census); and
       ``(2) the total voting age population of all States (as 
     reported in the most recent decennial census).
       ``(c) Minimum Amount of Payment.--The amount of a payment 
     made to a State under this section may not be less than--
       ``(1) in the case of any of the several States or the 
     District of Columbia, one-half of 1 percent of the total 
     amount appropriated for payments under this title under 
     section 1007; or
       ``(2) in the case of the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Commonwealth of Northern Mariana Islands, 
     or the United States Virgin Islands, one-tenth of 1 percent 
     of such total amount.
       ``(d) Pro Rata Reductions.--The Commission shall make such 
     pro rata reductions to the allocations determined under 
     subsection (a) as are necessary to comply with the 
     requirements of subsection (c).
       ``(e) Continuing Availability of Funds After 
     Appropriation.--A payment to a State under this title shall 
     be available to the State without fiscal year limitation.

     ``SEC. 1003. CONDITION FOR RECEIPT OF FUNDS.

       ``(a) In General.--A State is eligible to receive a payment 
     under this title if the chief executive officer of the State, 
     or designee, in consultation and coordination with the chief 
     State election official, has filed with the Commission a 
     statement certifying that the State is in compliance with the 
     requirements referred to in subsection (b). A State may meet 
     the requirement of the previous sentence by filing with the 
     Commission a statement which reads as follows:

[[Page S4576]]

     `______ hereby certifies that it is in compliance with the 
     requirements referred to in section 1003(b) of the Help 
     America Vote Act of 2002.' (with the blank to be filled in 
     with the name of the State involved).
       ``(b) State Plan Requirement; Certification of Compliance 
     With Applicable Laws and Requirements.--
       ``(1) In general.--The requirements referred to in this 
     subsection are as follows:
       ``(A) The State has filed with the Commission a State plan 
     which the State certifies--
       ``(i) contains each of the elements described in section 
     1004;
       ``(ii) is developed in accordance with section 1005; and
       ``(iii) meets the public notice and comment requirements of 
     section 1006.
       ``(B) The State is in compliance with each of the laws 
     described in section 906, as such laws apply with respect to 
     this Act.
       ``(C) To the extent that any portion of the payment is used 
     for activities other than implementing the recommendations of 
     the Department of Homeland Security in connection with a Risk 
     and Vulnerability Assessment described in section 
     1001(b)(1)(A) or the recommendations of the Commission under 
     section 248(d)--
       ``(i) the State's proposed uses of the payment are not 
     inconsistent with such recommendations; and
       ``(ii) the use of the funds under this subparagraph is 
     consistent with the requirements of section 1001(b)(2)(B).
       ``(2) Special rule for requirements with respect to risk 
     and vulnerability assessments.--In the case of a State that 
     has undergone a Security Risk an Vulnerability Assessment 
     from the Department of Homeland Security with respect to the 
     State's election system, paragraph (1) shall not apply and 
     the State shall be treated as having met the requirements of 
     this subsection if the State has met the requirement of 
     paragraph (1)(B) and has filed with the Commission a State 
     plan which contains the elements described in section 1004 
     with respect to the recommendations of the Department of 
     Homeland Security with respect to such assessment.
       ``(c) Methods of Compliance Left to Discretion of State.--
     The specific choices on the methods of complying with the 
     elements of a State plan shall be left to the discretion of 
     the State.
       ``(d) Timing for Filing of Certification.--
       ``(1) In general.--A State may not file a statement of 
     certification under subsection (a) until the expiration of 
     the 45-day period which begins on the date the State plan 
     under this section has been published on both the website of 
     the chief State election official and the website of the 
     Election Assistance Commission pursuant to section 1005(b).
       ``(2) Exception for risk and vulnerability assessment 
     matters.--Paragraph (1) shall not apply to any part of plan 
     which is developed in connection with addressing 
     recommendations of the Department of Homeland Security in 
     connection with a Risk and Vulnerability Assessment described 
     in section 1001(b)(1)(A).
       ``(e) Chief State Election Official Defined.--In this 
     title, the `chief State election official' of a State is the 
     individual designated by the State under section 10 of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) 
     to be responsible for coordination of the State's 
     responsibilities under such Act.

     ``SEC. 1004. STATE PLAN.

       ``(a) In General.--The State plan shall contain a 
     description of each of the following:
       ``(1) How the State will use the payment under this title--
       ``(A) to implement--
       ``(i) any recommendations of the Department of Homeland 
     Security in connection with a Risk and Vulnerability 
     Assessment described in section 1001(b)(1)(A), if applicable; 
     and
       ``(ii) the recommendations of the Commission under section 
     248(d); and
       ``(B) if applicable under section 1001(b)(2), to carry out 
     other activities to improve the administration of elections.
       ``(2) How the State will distribute and monitor the 
     distribution of the payment to units of local government or 
     other entities in the State for carrying out the activities 
     described in paragraph (1), including a description of--
       ``(A) the criteria to be used to determine the eligibility 
     of such units or entities for receiving the payment; and
       ``(B) the methods to be used by the State to monitor the 
     performance of the units or entities to whom the payment is 
     distributed, consistent with the performance goals and 
     measures adopted under paragraph (3).
       ``(3) How the State will adopt performance goals and 
     measures that will be used by the State to determine its 
     success and the success of units of local government in the 
     State in carrying out the plan, including timetables for 
     meeting each of the elements of the plan, descriptions of the 
     criteria the State will use to measure performance and the 
     process used to develop such criteria, and a description of 
     which official is to be held responsible for ensuring that 
     each performance goal is met.
       ``(4) How the State will conduct ongoing management of the 
     plan, except that the State may not make any material change 
     in the administration of the plan unless the change--
       ``(A) is developed and published on the website of the 
     chief State election official and the website of the Election 
     Assistance Commission in accordance with section 1005 in the 
     same manner as the State plan;
       ``(B) is subject to public notice and comment in accordance 
     with section 1006 in the same manner as the State plan; and
       ``(C) takes effect only after the expiration of the 30-day 
     period which begins on the date the change has been published 
     on both the website of the chief State election official and 
     the website of the Election Assistance Commission.
       ``(5) A description of the committee which participated in 
     the development of the State plan in accordance with section 
     1005 and the procedures followed by the committee under such 
     section and section 1006.

     Paragraphs (5) and (6) shall not apply to any part of a plan 
     which pertains to addressing recommendations of the 
     Department of Homeland Security in connection with a Risk and 
     Vulnerability Assessment described in section 1001(b)(1)(A).
       ``(b) Protection Against Actions Based on Information in 
     Plan.--
       ``(1) In general.--No action may be brought under this Act 
     against a State or other jurisdiction on the basis of any 
     information contained in the State plan filed under this 
     title.
       ``(2) Exception for criminal acts.--Paragraph (1) may not 
     be construed to limit the liability of a State or other 
     jurisdiction for criminal acts or omissions.

     ``SEC. 1005. PROCESS FOR DEVELOPMENT AND FILING OF PLAN; 
                   PUBLICATION BY COMMISSION.

       ``(a) Development of Plan.--The chief State election 
     official shall develop the State plan under this title 
     through a committee of appropriate individuals, including the 
     chief election officials of the two most populous 
     jurisdictions within the State, other local election 
     officials, stake holders, and other citizens, appointed for 
     such purpose by the chief State election official.
       ``(b) Publication of Plan by Commission.--After receiving 
     the State plan of a State under this title, the Commission 
     shall cause to have the plan published on both the website of 
     the chief State election official and the website of the 
     Election Assistance Commission.

     ``SEC. 1006. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT.

       ``For purposes of section 1003(b)(1)(C), a State plan meets 
     the public notice and comment requirements of this section 
     if--
       ``(1) not later than 30 days prior to the submission of the 
     plan, the State made a preliminary version of the plan 
     available for public inspection and comment;
       ``(2) the State publishes notice that the preliminary 
     version of the plan is so available; and
       ``(3) the State took the public comments made regarding the 
     preliminary version of the plan into account in preparing the 
     plan which was filed with the Commission.

     ``SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     such sums as are necessary for payments under this title for 
     fiscal years 2018 and 2019.
       ``(b) Availability.--Any amounts appropriated pursuant to 
     the authority of subsection (a) shall remain available 
     without fiscal year limitation until expended.

     ``SEC. 1008. REPORTS.

       ``Not later than 6 months after the end of the fiscal year 
     for which a State received a payment under this title, the 
     State shall submit a report to the Commission on the 
     activities conducted with the funds provided, and shall 
     include in the report--
       ``(1) a list of expenditures made with respect to each 
     category of activities described in section 1001(b); and
       ``(2) an analysis and description of the activities funded 
     under this title to meet the requirements of this title and 
     an analysis and description of how such activities conform to 
     the State plan under section 1004.''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended by adding at the end the following:

           ``TITLE X--ELECTION TECHNOLOGY IMPROVEMENT GRANTS

``Sec. 1001. Election technology improvement grants.
``Sec. 1002. Allocation of funds.
``Sec. 1003. Condition for receipt of funds.
``Sec. 1004. State plan.
``Sec. 1005. Process for development and filing of plan; publication by 
              commission.
``Sec. 1006. Requirement for public notice and comment.
``Sec. 1007. Authorization of appropriations.
``Sec. 1008. Reports.''.
       (c) Contracting Assistance.--The Administrator of the 
     General Services Administration, in consultation with the 
     Director of the National Institute of Standards and 
     Technology, shall take such actions as may be necessary 
     through competitive processes--
       (1) to qualify a set of private sector organizations which 
     are capable of providing cybersecurity services to States to 
     secure their election systems and infrastructure from cyber 
     attacks;
       (2) to establish contract vehicles to enable States to 
     access the services of one or more of such private sector 
     organizations as soon as payment are made under title X of 
     the Help America Vote Act of 2002;
       (3) to ensure that the such contract vehicles permit 
     individual States to augment Federal funds with funding 
     otherwise available to the States; and

[[Page S4577]]

       (4) to provide a list of qualified organizations to the 
     Election Assistance Commission in order to ensure it is 
     readily available to State election officials.
       (d) Information Sharing With State Election Officials.--
       (1) Security clearance.--Not later than 30 days after the 
     date of enactment of this section, the Secretary of Homeland 
     Security shall establish an expedited process for providing 
     the appropriate security clearance for the Secretary of State 
     or highest election administration official of each State and 
     1 designee selected by such Secretary of State or election 
     administration official to ensure that information relating 
     to cybersecurity incidents and threats is communicated to 
     chief State election officials in a timely manner.
       (2) Information sharing.--Not later than 30 days after the 
     date of enactment of this section, the Secretary of Homeland 
     Security and the Director of National Intelligence shall 
     establish a cybersecurity incident notification process and 
     cybersecurity incident response protocols for the sharing of 
     information among State and Federal officials relating to 
     election cybersecurity threats, vulnerabilities, and 
     breaches.
       (3) Report to congress.--
       (A) In general.--Not later than 30 days after the day of 
     enactment of this section, and each year thereafter, the 
     Secretary of Homeland Security and the Director of National 
     Intelligence shall submit a joint report to appropriate 
     congressional committees in both classified and unclassified 
     form, on foreign threats to elections in the United States. 
     The report shall address the current and probable threats to 
     our election system and strategies to prevent foreign 
     interference.
       (B) Appropriate congressional committees.--For purposes of 
     subparagraph (A), the term ``appropriate congressional 
     committees'' means--
       (i) the Committee on Rules and Administration, the 
     Committee on Armed Services, the Committee on Homeland 
     Security and Governmental Affairs, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (ii) the Committee on House Administration, the Committee 
     on Armed Services, the Committee on Homeland Security, the 
     Committee on Appropriations, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
                                 ______
                                 
  SA 657. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

         Strike section 104 and insert the following:

     SEC. 104. INDIVIDUAL MANDATE.

         (a) In General.--The Internal Revenue Code of 1986 is 
     amended by striking chapter 48 (and the item related to such 
     chapter in the table of chapters).
         (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2015.
                                 ______
                                 
  SA 658. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS 
                   FOR EXPENSES INCURRED AT PROPERTY OWNED OR 
                   OPERATED BY THE PRESIDENT OR THE IMMEDIATE 
                   FAMILY OF THE PRESIDENT.

         No amounts 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 pay for 
     expenses incurred at a property owned or operated by the 
     individual serving as President or an immediate family member 
     of the individual serving as President if the payments would 
     result in a net financial benefit for the individual serving 
     as President or an immediate family member of the individual 
     serving as President.
                                 ______
                                 
  SA 659. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

         At the appropriate place in title VI, insert the 
     following:

     SEC. ___. ONE-YEAR PERIOD FOR ENROLLMENT IN THE SURVIVOR 
                   BENEFIT PLAN FOR ELIGIBLE PARTICIPANTS WHO HAVE 
                   A SAME-SEX SPOUSE UNDER AN EARLIER OR CURRENT 
                   MARRIAGE.

         (a) In General.--Notwithstanding any other provision of 
     law, any individual eligible for participation, but not 
     participating, in the Survivor Benefit Plan as of the date of 
     the enactment of this Act who seeks to participate in the 
     Plan for the benefit of the same-sex spouse of the individual 
     under a marriage entered into or recognized as valid before 
     that date may elect to participate in the plan at any time 
     during the one-year period beginning on that date in 
     accordance with section 1448(a)(5) of title 10, United States 
     Code.
         (b) Outreach on Election to Participate for Spouses Under 
     Marriage After Eligibility.--The Secretary of Defense shall 
     undertake an active campaign of outreach designed to inform 
     individuals who are or may become eligible for participation 
     in the Survivor Benefit Plan of the availability of the 
     election to participate in the Plan under section 1448(a)(5) 
     of title 10, United States Code, for individuals who marry, 
     including individuals with same-sex spouses, after becoming 
     eligible to participate in the Plan.
         (c) Survivor Benefit Plan Defined.--In this section, the 
     term ``Survivor Benefit Plan'' means the benefit plan 
     established by subchapter II of chapter 73 of title 10, 
     United States Code.
                                 ______
                                 
  SA 660. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

         At the appropriate place in subtitle B of title XVI, 
     insert the following:

     SEC. ___. CONSIDERATION OF SERVICE BY RECIPIENTS OF BOREN 
                   SCHOLARSHIPS AND FELLOWSHIPS IN EXCEPTED 
                   SERVICE POSITIONS AS SERVICE BY SUCH RECIPIENTS 
                   UNDER CAREER APPOINTMENTS FOR PURPOSES OF 
                   CAREER TENURE.

         Section 802(k) of the David L. Boren National Security 
     Education Act of 1991 (50 U.S.C. 1902(k)) is amended--
         (1) by redesignating paragraph (3) as paragraph (4);
         (2) in paragraph (2), in the matter before subparagraph 
     (A), by striking ``(3)(C)'' and inserting ``(4)(C)''; and
         (3) by inserting after paragraph (2) the following:
         ``(3) Career tenure.--In the case of an individual whose 
     appointment to a position in the excepted service is 
     converted to a career or career- conditional appointment 
     under paragraph (1)(B), the period of service described in 
     such paragraph shall be treated, for purposes of the service 
     requirements for career tenure under title 5, United States 
     Code, as if it were service in a position under a career or 
     career- conditional appointment.''.
                                 ______
                                 
  SA 661. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

         At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. PROHIBITION ON TRANSFER OF CLUSTER MUNITIONS TO 
                   SAUDI ARABIA.

         No amounts authorized to be appropriated by this Act or 
     otherwise made available for fiscal year 2018 for the 
     Department of Defense may be used to transfer or authorize 
     the transfer of cluster munitions to Saudi Arabia.
                                 ______
                                 
  SA 662. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

         At the appropriate, insert the following:

     SEC. __. NATIONAL GUARD AND RESERVE ENTREPRENEURSHIP 
                   SUPPORTS.

         (a) Extension of Loan Assistance and Deferral Eligibility 
     to Reservists Beyond Periods of Military Conflict.--
         (1) Small business act amendments.--Section 7 of the 
     Small Business Act (15 U.S.C. 636) is amended--
         (A) in subsection (b)(3)--
         (i) in subparagraph (A)--

         (I) by striking clause (ii);
         (II) by redesignating clause (i) as clause (ii);
         (III) by inserting before clause (ii), as so 
     redesignated, the following:

         ``(i) the term `active service' has the meaning given 
     that term in section 101(d)(3) of title 10, United States 
     Code;''; and

         (IV) in clause (ii), as so redesignated, by adding 
     ``and'' at the end;

[[Page S4578]]

         (ii) in subparagraph (B), by striking ``being ordered to 
     active military duty during a period of military conflict'' 
     and inserting ``being ordered to perform active service for a 
     period of more than 30 consecutive days'';
         (iii) in subparagraph (C), by striking ``active duty'' 
     each place it appears and inserting ``active service''; and
         (iv) in subparagraph (G)(ii)(II), by striking ``active 
     duty'' and inserting ``active service''; and
         (B) in subsection (n)--
         (i) in the subsection heading, by striking ``Active 
     Duty'' and inserting ``Active Service'';
         (ii) in paragraph (1)--

         (I) by striking subparagraph (C);
         (II) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
         (III) by inserting before subparagraph (B), as so 
     redesignated, the following:

         ``(A) Active service.--The term `active service' has the 
     meaning given that term in section 101(d)(3) of title 10, 
     United States Code.'';

         (IV) in subparagraph (B), as so redesignated, by striking 
     ``ordered to active duty during a period of military 
     conflict'' and inserting ``ordered to perform active service 
     for a period of more than 30 consecutive days''; and
         (V) in subparagraph (D), by striking ``active duty'' each 
     place it appears and inserting ``active service''; and

         (iii) in paragraph (2)(B), by striking ``active duty'' 
     each place it appears and inserting ``active service''.
         (2) Applicability.--The amendments made by paragraph 
     (1)(A) shall apply to an economic injury suffered or likely 
     to be suffered as the result of an essential employee being 
     ordered to perform active service (as defined in section 
     101(d)(3) of title 10, United States Code) for a period of 
     more than 30 consecutive days who is discharged or released 
     from such active service on or after the date of enactment of 
     this Act.
         (3) Semiannual report.--Not later than 180 days after the 
     date of enactment of this Act, and semiannually thereafter, 
     the President shall submit to the Committee on Small Business 
     and Entrepreneurship and the Committee on Appropriations of 
     the Senate and the Committee on Small Business and the 
     Committee on Appropriations of the House of Representatives a 
     report on the number of loans made under the Military 
     Reservist Economic Injury Disaster Loan program and the 
     dollar volume of those loans. The report shall contain the 
     subsidy rate of the disaster loan program as authorized under 
     section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
     with the loans made under the Military Reservist Economic 
     Injury Disaster Loan program and without those loans 
     included.
         (4) Technical and conforming amendment.--Section 8(l) of 
     the Small Business Act (15 U.S.C. 637(l)) is amended--
         (A) by striking ``The Administration'' and inserting the 
     following:
         ``(1) In general.--The Administration'';
         (B) by striking ``(as defined in section 7(n)(1))''; and
         (C) by adding at the end the following:
         ``(2) Definition of period of military conflict.--In this 
     subsection, the term `period of military conflict' means--
         ``(A) a period of war declared by the Congress;
         ``(B) a period of national emergency declared by the 
     Congress or by the President; or
         ``(C) a period of a contingency operation, as defined in 
     section 101(a) of title 10, United States Code.''.
         (b) National Guard and Reserve Deployment Support and 
     Business Training Program.--
         (1) Expansion of small business administration outreach 
     programs.--Section 8(b)(17) of the Small Business Act (15 
     U.S.C. 637(b)(17)) is amended by striking ``and members of a 
     reserve component of the Armed Forces'' and inserting 
     ``members of a reserve component of the Armed Forces, and the 
     spouses of veterans and members of a reserve component of the 
     Armed Forces''.
         (2) Establishment of program.--Section 32 of the Small 
     Business Act (15 U.S.C. 657) is amended by adding at the end 
     the following:
         ``(g) National Guard and Reserve Deployment Support and 
     Business Training.--
         ``(1) In general.--In making grants carried out under 
     section 8(b)(17), the Associate Administrator shall establish 
     a program, to be known as the `National Guard and Reserve 
     Deployment Support and Business Training Program', to provide 
     training, counseling and other assistance to support members 
     of a reserve component of the Armed Forces and their spouses.
         ``(2) Authorities.--In carrying out this subsection, the 
     Associate Administrator may--
         ``(A) modify programs and resources made available 
     through section 8(b)(17) to provide pre-deployment and other 
     information specific to members of a reserve component of the 
     Armed Forces and their spouses;
         ``(B) collaborate with the Chief of the National Guard 
     Bureau or the Chief's designee, State Adjunct Generals or 
     their designees, and other public and private partners; and
         ``(C) provide training, information and other resources 
     to the Chief of the National Guard Bureau or the Chief's 
     designee and State Adjunct Generals or their designees for 
     the purpose of supporting members of a reserve component of 
     the Armed Forces and the spouses of veterans and members of a 
     reserve component of the Armed Forces.''.
                                 ______
                                 
  SA 663. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       Amend section 1630B to read as follows:

     SEC. 1630B. PROHIBITION ON USE OF SOFTWARE PLATFORMS 
                   DEVELOPED BY KASPERSKY LAB.

       (a) Prohibition.--No department, agency, organization, or 
     other element of the United States Government may use, 
     whether directly or through work with or on behalf of another 
     organization or element of the United States Government, any 
     hardware, software, or services developed or provided, in 
     whole or in part, by Kaspersky Lab or any entity of which 
     Kaspersky Lab has a majority ownership.
       (b) Effective Date.--This section shall take effect on 
     October 1, 2018.
                                 ______
                                 
  SA 664. Mrs. SHAHEEN (for herself and Mr. Sasse) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. SYRIA STUDY GROUP.

       (a) Establishment.--There is hereby established a working 
     group to be known as the ``Syria Study Group'' (in this 
     section referred to as the ``Group'').
       (b) Purpose.--The purpose of the Group is to examine and 
     make recommendations with respect to the military and 
     diplomatic strategy of the United States with respect to the 
     conflict in Syria.
       (c) Composition.--
       (1) Membership.--The Group shall be composed of 8 members 
     appointed as follows:
       (A) Two members appointed by the chair of the Committee on 
     Armed Services of the Senate.
       (B) Two members appointed by the ranking minority member of 
     the Committee on Armed Services of the Senate.
       (C) Two members appointed by the chair of the Committee on 
     Armed Services of the House of Representatives.
       (D) Two members appointed by the ranking minority member of 
     the Committee on Armed Services of the House of 
     Representatives.
       (2) Co-chairs.--
       (A) The chair of the Committee on Armed Services of the 
     Senate and the chair of the Committee on Armed Services of 
     the House of Representatives shall jointly designate one 
     member of the Group to serve as co-chair of the Group.
       (B) The ranking minority member of the Committee on Armed 
     Services of the Senate and the ranking minority member of the 
     Committee on Armed Services of the House of Representatives 
     shall jointly designate one member of the Group to serve as 
     co-chair of the Group.
       (3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Group. Any vacancy in the Group 
     shall be filled in the same manner as the original 
     appointment.
       (d) Duties.--
       (1) Review.--The Group shall review the current situation 
     with respect to the United States military and diplomatic 
     strategy in Syria, including a review of current United 
     States objectives in Syria and the desired end state in 
     Syria.
       (2) Assessment and recommendations.--The Group shall--
       (A) conduct a comprehensive assessment of the current 
     situation in Syria, its impact on neighboring countries, 
     resulting regional and geopolitical threats to the United 
     States, and current military, diplomatic, and political 
     efforts to achieve a stable Syria; and
       (B) develop recommendations on a military and diplomatic 
     strategy for the United States with respect to the conflict 
     in Syria.
       (e) Cooperation From United States Government.--
       (1) In general.--The Group shall receive the full and 
     timely cooperation of the Secretary of Defense and the 
     Director of National Intelligence in providing the Group with 
     analyses, briefings, and other information necessary for the 
     discharge of the duties of the Group.
       (2) Liaison.--The Secretary of Defense and the Director of 
     National Intelligence shall each designate at least one 
     officer or employee of their respective organizations to 
     serve as a liaison officer to the Group.
       (f) Report.--
       (1) Final report.--Not later than September 30, 2018, the 
     Group shall submit to the President, the Secretary of 
     Defense, and the Committees on Armed Services of the

[[Page S4579]]

     Senate and the House of Representatives a report on the 
     findings, conclusions, and recommendations of the Group under 
     this section. The report shall do each of the following:
       (A) Assess the current security, political, humanitarian, 
     and economic situation in Syria.
       (B) Assess the current participation and objectives of 
     various external actors in Syria.
       (C) Assess the consequences of continued conflict in Syria.
       (D) Provide recommendations for a diplomatic resolution of 
     the conflict in Syria, including options for a gradual 
     political transition to a post-Assad Syria and actions 
     necessary for reconciliation.
       (E) Provide a roadmap for a United States and coalition 
     strategy to reestablish security and governance in Syria, 
     including recommendations for the synchronization of 
     stabilization, development, counterterrorism, and 
     reconstruction efforts.
       (F) Address any other matters with respect to the conflict 
     in Syria that the Group considers appropriate.
       (2) Interim briefing.--Not later than June 30, 2018, the 
     Group shall provide to the Committees on Armed Services of 
     the Senate and the House of Representatives a briefing on the 
     status of its review and assessment under subsection (d), 
     together with a discussion of any interim recommendations 
     developed by the Group as of the date of the briefing.
       (3) Form of report.--The report submitted to Congress under 
     paragraph (1) shall be submitted in unclassified form, but 
     may include a classified annex.
       (g) Facilitation.--The United States Institute of Peace 
     shall take appropriate actions to facilitate the Group in the 
     discharge of its duties under this section.
       (h) Termination.--The Group shall terminate six months 
     after the date on which it submits the report required by 
     subsection (f)(1).
       (i) Funding.--Of the amounts authorized to be appropriated 
     for fiscal year 2018 for the Department of Defense by this 
     Act, $1,500,000 is available to fund the activities of the 
     Group.
                                 ______
                                 
  SA 665. Mr. BROWN (for himself, Mr. Booker, and Ms. Hirono) submitted 
an amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. 583. EXTENSION OF REPORTS ON DIVERSITY IN MILITARY 
                   LEADERSHIP UNDER ANNUAL DEFENSE MANPOWER 
                   REQUIREMENTS REPORT.

       Section 115a(g) of title 10, United States Code, is amended 
     by striking ``2017'' and inserting ``2022''.
                                 ______
                                 
  SA 666. Mr. BROWN (for himself and Mr. Toomey) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. SENSE OF CONGRESS ON CYBERSECURITY COOPERATION WITH 
                   UKRAINE.

       (a) Findings.--Congress makes the following findings:
       (1) There is a strong history of cyber attacks in Ukraine, 
     including a significant attack on its power grid in December 
     2015 by Russia.
       (2) The United States supports Ukraine and the Ukrainian 
     Security Assistance 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, especially as a result 
     of Russia's invasion of Ukraine and in the face of increased 
     Russian aggression in the region; and
       (2) the United States should assist Ukraine in improving 
     its cybersecurity capabilities.
                                 ______
                                 
  SA 667. Mr. McCONNELL proposed an amendment to amendment SA 267 
proposed by Mr. McConnell to the bill H.R. 1628, to provide for 
reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; as follows:

       Strike all after the first word and insert the following:

     SHORT TITLE.

       This Act may be cited as the ``Health Care Freedom Act of 
     2017''.

                                TITLE I

     SEC. 101. INDIVIDUAL MANDATE.

       (a) In General.--Section 5000A(c) of the Internal Revenue 
     Code of 1986 is amended--
       (1) in paragraph (2)(B)(iii), by striking ``2.5 percent'' 
     and inserting ``Zero percent'', and
       (2) in paragraph (3)--
       (A) by striking ``$695'' in subparagraph (A) and inserting 
     ``$0'', and
       (B) by striking subparagraph (D).
       (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2015.

     SEC. 102. EMPLOYER MANDATE.

       (a) In General.--
       (1) Paragraph (1) of section 4980H(c) of the Internal 
     Revenue Code of 1986 is amended by inserting ``($0 in the 
     case of months beginning after December 31, 2015, and before 
     January 1, 2025)'' after ``$2,000''.
       (2) Paragraph (1) of section 4980H(b) of the Internal 
     Revenue Code of 1986 is amended by inserting ``($0 in the 
     case of months beginning after December 31, 2015, and before 
     January 1, 2025)'' after ``$3,000''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2015.

     SEC. 103. EXTENSION OF MORATORIUM ON MEDICAL DEVICE EXCISE 
                   TAX.

       (a) In General.--Section 4191(c) of the Internal Revenue 
     Code of 1986 is amended by striking ``December 31, 2017'' and 
     inserting ``December 31, 2020''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to sales after December 31, 2017.

     SEC. 104. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS 
                   ACCOUNT INCREASED TO AMOUNT OF DEDUCTIBLE AND 
                   OUT-OF-POCKET LIMITATION.

       (a) In General.--Subsection (b) of section 223 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(9) Increased limitation.--In the case of any month 
     beginning after December 31, 2017, and before January 1, 
     2021--
       ``(A) paragraph (2)(A) shall be applied by substituting 
     `the amount in effect under subsection (c)(2)(A)(ii)(I)' for 
     `$2,250', and
       ``(B) paragraph (2)(B) shall be applied by substituting 
     `the amount in effect under subsection (c)(2)(A)(ii)(II)' for 
     `$4,500'.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 105. FEDERAL PAYMENTS TO STATES.

       (a) In General.--Notwithstanding section 504(a), 
     1902(a)(23), 1903(a), 2002, 2005(a)(4), 2102(a)(7), or 
     2105(a)(1) of the Social Security Act (42 U.S.C. 704(a), 
     1396a(a)(23), 1396b(a), 1397a, 1397d(a)(4), 1397bb(a)(7), 
     1397ee(a)(1)), or the terms of any Medicaid waiver in effect 
     on the date of enactment of this Act that is approved under 
     section 1115 or 1915 of the Social Security Act (42 U.S.C. 
     1315, 1396n), for the 1-year period beginning on the date of 
     enactment of this Act, no Federal funds provided from a 
     program referred to in this subsection that is considered 
     direct spending for any year may be made available to a State 
     for payments to a prohibited entity, whether made directly to 
     the prohibited entity or through a managed care organization 
     under contract with the State.
       (b) Definitions.--In this section:
       (1) Prohibited entity.--The term ``prohibited entity'' 
     means an entity, including its affiliates, subsidiaries, 
     successors, and clinics--
       (A) that, as of the date of enactment of this Act--
       (i) is an organization described in section 501(c)(3) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code;
       (ii) is an essential community provider described in 
     section 156.235 of title 45, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act), that is 
     primarily engaged in family planning services, reproductive 
     health, and related medical care; and
       (iii) provides for abortions, other than an abortion--

       (I) if the pregnancy is the result of an act of rape or 
     incest; or
       (II) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness that would, as 
     certified by a physician, place the woman in danger of death 
     unless an abortion is performed, including a life-endangering 
     physical condition caused by or arising from the pregnancy 
     itself; and

       (B) for which the total amount of Federal and State 
     expenditures under the Medicaid program under title XIX of 
     the Social Security Act in fiscal year 2014 made directly to 
     the entity and to any affiliates, subsidiaries, successors, 
     or clinics of the entity, or made to the entity and to any 
     affiliates, subsidiaries, successors, or clinics of the 
     entity as part of a nationwide health care provider network, 
     exceeded $1,000,000.
       (2) Direct spending.--The term ``direct spending'' has the 
     meaning given that term under section 250(c) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900(c)).

                                TITLE II

     SEC. 201. THE PREVENTION AND PUBLIC HEALTH FUND.

       Subsection (b) of section 4002 of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 300u-11) is amended--
       (1) in paragraph (3), by striking ``each of fiscal years 
     2018 and 2019'' and inserting ``fiscal year 2018''; and
       (2) by striking paragraphs (4) through (8).

[[Page S4580]]

  


     SEC. 202. COMMUNITY HEALTH CENTER PROGRAM.

       Effective as if included in the enactment of the Medicare 
     Access and CHIP Reauthorization Act of 2015 (Public Law 114-
     10, 129 Stat. 87), paragraph (1) of section 221(a) of such 
     Act is amended by inserting ``, and an additional 
     $422,000,000 for fiscal year 2017'' after ``2017''.

     SEC. 203. WAIVERS FOR STATE INNOVATION.

       Section 1332 of the Patient Protection and Affordable Care 
     Act (42 U.S.C. 18052) is amended--
       (1) in subsection (a)(3)--
       (A) in the first sentence, by inserting ``or would qualify 
     for a reduction in'' after ``would not qualify for'';
       (B) by adding after the second sentence the following: ``A 
     State may request that all of, or any portion of, such 
     aggregate amount of such credits or reductions be paid to the 
     State as described in the first sentence.'';
       (C) in the paragraph heading, by striking ``Pass through of 
     funding'' and inserting ``Funding'';
       (D) by striking ``With respect'' and inserting the 
     following:
       ``(A) Pass through of funding.--With respect''; and
       (E) by adding at the end the following:
       ``(B) Additional funding.--There is authorized to be 
     appropriated, and is appropriated, to the Secretary of Health 
     and Human Services, out of monies in the Treasury not 
     otherwise obligated, $2,000,000,000, to remain available 
     until the end of fiscal year 2019. Such amounts shall be used 
     to provide grants to States that request financial assistance 
     for the purpose of--
       ``(i) submitting an application for a waiver granted under 
     this section; or
       ``(ii) implementing the State plan under such waiver.'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A)--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) by striking ``only'';
       (3) in subsection (d)(1), by striking ``180'' and inserting 
     ``45''; and
       (4) in subsection (e), by striking ``No waiver'' and all 
     that follows through the period at the end and inserting the 
     following: ``A waiver under this section--
       ``(1) shall be in effect for a period of 8 years unless the 
     State requests a shorter duration;
       ``(2) may be renewed for unlimited additional 8-year 
     periods upon application by the State; and
       ``(3) may not be cancelled by the Secretary before the 
     expiration of the 8-year period (including any renewal period 
     under paragraph (2)).''.
                                 ______
                                 
  SA 668. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INDIVIDUAL MANDATE.

       (a) In General.--Section 5000A(c) of the Internal Revenue 
     Code of 1986 is amended--
       (1) in paragraph (2)(B)(iii), by striking ``2.5 percent'' 
     and inserting ``Zero percent'', and
       (2) in paragraph (3)--
       (A) by striking ``$695'' in subparagraph (A) and inserting 
     ``$0'', and
       (B) by striking subparagraph (D).
       (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2015.
                                 ______
                                 
  SA 669. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. IMPLEMENTATION OF GAO RECOMMENDATIONS TO IMPROVE 
                   MEDICAL FACILITIES OF THE DEPARTMENT OF DEFENSE 
                   AND THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall develop and submit to 
     Congress a comprehensive and detailed strategic 
     implementation plan to fully implement all 14 open 
     recommendations, as of such date of enactment, produced by 
     the Government Accountability Office in relation to its 
     report entitled ``VA and DOD Need to Address Ongoing 
     Difficulties and Better Prepare for Future Integrations'' 
     that was published on February 29, 2016.
       (b) Public Availability.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall each publish the 
     strategic implementation plan developed under subsection (a) 
     on the public Internet website of the Department of Defense 
     and the Department of Veterans Affairs, respectively.
       (c) Update.--Not later than 180 days after publication of 
     the strategic implementation plan under subsection (b), the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall develop and submit to Congress a comprehensive and 
     detailed status update report on the progress made in fully 
     implementing all open recommendations described in subsection 
     (a).
                                 ______
                                 
  SA 670. Mr. TESTER (for himself and Mr. Donnelly) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. EXPANSION OF AVAILABILITY FROM THE DEPARTMENT OF 
                   VETERANS AFFAIRS OF COUNSELING AND TREATMENT 
                   FOR SEXUAL TRAUMA FOR MEMBERS OF THE ARMED 
                   FORCES.

       Section 1720D(a)(2)(A) of title 38, United States Code is 
     amended--
       (1) by striking ``on active duty''; and
       (2) by inserting ``that was suffered by the member while 
     serving on active duty, active duty for training, or inactive 
     duty training'' before the period at the end.
                                 ______
                                 
  SA 671. Ms. DUCKWORTH (for herself and Mr. Durbin) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. TRAINING REQUIREMENT FOR HEALTH CARE PROFESSIONALS 
                   OF THE DEPARTMENT OF DEFENSE PRESCRIBING 
                   OPIOIDS FOR TREATMENT OF PAIN.

       (a) Training.--
       (1) In general.--The Secretary of Defense shall ensure that 
     health care professionals of the Department of Defense, other 
     than pharmacists, who are authorized to prescribe or 
     otherwise dispense opioids for the treatment of pain--
       (A) complete the training described in paragraph (2) not 
     less frequently than once every three years; or
       (B) are licensed in a State that requires training that is 
     equivalent to or greater than the training described in 
     paragraph (2) with respect to the prescribing or dispensing 
     of opioids for the treatment of pain.
       (2) Training described.--
       (A) In general.--The training described in this paragraph 
     is not fewer than 12 hours of training (through classroom 
     situations, seminars at professional society meetings, 
     electronic communications, or otherwise) that is provided by 
     organizations specified in subparagraph (B) with respect to--
       (i) pain management treatment guidelines and best 
     practices;
       (ii) early detection of opioid addiction; and
       (iii) the treatment and management of opioid-dependent 
     patients.
       (B) Organizations specified.--The organizations specified 
     in this subparagraph are the following:
       (i) The American Society of Addiction Medicine.
       (ii) The American Academy of Addiction Psychiatry.
       (iii) The American Medical Association.
       (iv) The American Osteopathic Association.
       (v) The American Psychiatric Association.
       (vi) The American Academy of Pain Management.
       (vii) The American Pain Society.
       (viii) The American Academy of Pain Medicine.
       (ix) The American Board of Pain Medicine.
       (x) The American Society of Interventional Pain Physicians.
       (xi) Such other organizations as the Secretary of Defense 
     determines appropriate for purposes of this subsection.
       (b) Establishment of Training Modules.--
       (1) In general.--The Secretary of Defense shall establish 
     or support the establishment of one or more training modules 
     to be used to provide the training required under subsection 
     (a).
       (2) Support for organizations.--The Secretary may support 
     the establishment of a training module under paragraph (1) 
     by--
       (A) an organization specified in paragraph (2)(B) of 
     subsection (a); or
       (B) any other organization that the Secretary determines is 
     appropriate to provide the training required under such 
     subsection.
                                 ______
                                 
  SA 672. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill H.R. 2810, 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

[[Page S4581]]

military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

  PART II--DISPOSITION OF CHARGES AND CONVENING OF COURTS-MARTIAL FOR 
       CERTAIN OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE

     SEC. ___. SHORT TITLE.

       This part may be cited as the ``Military Justice 
     Improvement Act of 2017''.

     SEC. ___. IMPROVEMENT OF DETERMINATIONS ON DISPOSITION OF 
                   CHARGES FOR CERTAIN OFFENSES UNDER UCMJ WITH 
                   AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF 
                   MORE THAN ONE YEAR.

       (a) Improvement of Determinations.--
       (1) Military departments.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     subsection (b) and not excluded under subsection (c), the 
     Secretary of Defense shall require the Secretaries of the 
     military departments to provide as described in subsection 
     (d) for the determinations as follows:
       (A) Determinations under section 830 of such chapter 
     (article 30 of the Uniform Code of Military Justice) on the 
     preferral of charges.
       (B) Determinations under section 830 of such chapter 
     (article 30 of the Uniform Code of Military Justice) on the 
     disposition of charges.
       (C) Determination under section 834 such chapter (article 
     34 of the Uniform Code of Military Justice) on the referral 
     of charges.
       (2) Homeland security.--With respect to charges under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice), that allege an offense specified in 
     subsection (b) and not excluded under subsection(c) against a 
     member of the Coast Guard (when it is not operating as a 
     service in the Navy), the Secretary of Homeland Security 
     shall provide as described in subsection (d) for the 
     determinations as follows:
       (A) Determinations under section 830 of such chapter 
     (article 30(a) of the Uniform Code of Military Justice) on 
     the preferral of charges.
       (B) Determinations under section 830 of such chapter 
     (article 30 of the Uniform Code of Military Justice) on the 
     disposition of charges.
       (C) Determination under section 834 such chapter (article 
     34 of the Uniform Code of Military Justice) on the referral 
     of charges.
       (b) Covered Offenses.--An offense specified in this 
     subsection is an offense as follows:
       (1) An offense under chapter 47 of title 10, United States 
     Code (the Uniform Code of Military Justice), for which the 
     maximum punishment authorized under that chapter includes 
     confinement for more than one year.
       (2) The offense of obstructing justice under section 931b 
     of title 10, United States Code (article 131b of the Uniform 
     Code of Military Justice), regardless of the maximum 
     punishment authorized under that chapter for such offense.
       (3) The offense of retaliation for reporting a crime under 
     section 932 of title 10, United States Code (article 132 of 
     the Uniform Code of Military Justice), regardless of the 
     maximum punishment authorized under that chapter for such 
     offense.
       (4) A conspiracy to commit an offense specified in 
     paragraphs (1) through (3) as punishable under section 881 of 
     title 10, United States Code (article 81 of the Uniform Code 
     of Military Justice).
       (5) A solicitation to commit an offense specified in 
     paragraphs (1) through (3) as punishable under section 882 of 
     title 10, United States Code (article 82 of the Uniform Code 
     of Military Justice).
       (6) An attempt to commit an offense specified in paragraphs 
     (1) through (3) as punishable under section 880 of title 10, 
     United States Code (article 80 of the Uniform Code of 
     Military Justice).
       (c) Excluded Offenses.--Subsection (a) does not apply to an 
     offense as follows:
       (1) An offense under sections 883 through 917 of title 10, 
     United States Code (articles 83 through 117 of the Uniform 
     Code of Military Justice).
       (2) An offense under section 933 or 934 of title 10, United 
     States Code (articles 133 and 134 of the Uniform Code of 
     Military Justice).
       (3) A conspiracy to commit an offense specified in 
     paragraph (1) or (2) as punishable under section 881 of title 
     10, United States Code (article 81 of the Uniform Code of 
     Military Justice).
       (4) A solicitation to commit an offense specified in 
     paragraph (1) or (2) as punishable under section 882 of title 
     10, United States Code (article 82 of the Uniform Code of 
     Military Justice).
       (5) An attempt to commit an offense specified in paragraph 
     (1) or (2) as punishable under section 880 of title 10, 
     United States Code (article 80 of the Uniform Code of 
     Military Justice).
       (d) Requirements and Limitations.--The disposition of 
     charges covered by subsection (a) shall be subject to the 
     following:
       (1) The determination whether to prefer such charges or 
     refer such charges to a court-martial for trial, as 
     applicable, shall be made by a commissioned officer of the 
     Armed Forces designated in accordance with regulations 
     prescribed for purposes of this subsection from among 
     commissioned officers of the Armed Forces in grade O-6 or 
     higher who--
       (A) are available for detail as trial counsel under section 
     827 of title 10, United States Code (article 27 of the 
     Uniform Code of Military Justice);
       (B) have significant experience in trials by general or 
     special court-martial; and
       (C) are outside the chain of command of the member subject 
     to such charges.
       (2) Upon a determination under paragraph (1) to refer 
     charges to a court-martial for trial, the officer making that 
     determination shall determine whether to refer such charges 
     for trial by a general court-martial convened under section 
     822 of title 10, United States Code (article 22 of the 
     Uniform Code of Military Justice), or a special court-martial 
     convened under section 823 of title 10, United States Code 
     (article 23 of the Uniform Code of Military Justice).
       (3) A determination under paragraph (1) to prefer charges 
     or refer charges to a court-martial for trial, as applicable, 
     shall cover all known offenses, including lesser included 
     offenses.
       (4) The determination to prefer charges or refer charges to 
     a court-martial for trial, as applicable, under paragraph 
     (1), and the type of court-martial to which to refer under 
     subparagraph (B), shall be binding on any applicable 
     convening authority for the referral of such charges.
       (5) The actions of an officer described in paragraph (1) in 
     determining under that subparagraph whether or not to prefer 
     charges or refer charges to a court-martial for trial, as 
     applicable, shall be free of unlawful or unauthorized 
     influence or coercion.
       (6) The determination under paragraph (1) not to refer 
     charges to a general or special court-martial for trial shall 
     not operate to terminate or otherwise alter the authority of 
     commanding officers to refer charges for trial by summary 
     court-martial convened under section 824 of title 10, United 
     States Code (article 24 of the Uniform Code of Military 
     Justice), or to impose non-judicial punishment in connection 
     with the conduct covered by such charges as authorized by 
     section 815 of title 10, United States Code (article 15 of 
     the Uniform Code of Military Justice).
       (e) Construction With Charges on Other Offenses.--Nothing 
     in this section shall be construed to alter or affect the 
     preferral, disposition, or referral authority of charges 
     under chapter 47 of title 10, United States Code (the Uniform 
     Code of Military Justice), that allege an offense for which 
     the maximum punishment authorized under that chapter includes 
     confinement for one year or less.
       (f) Policies and Procedures.--
       (1) In general.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall revise policies and procedures as 
     necessary to comply with this section.
       (2) Uniformity.--The General Counsel of the Department of 
     Defense and the General Counsel of the Department of Homeland 
     Security shall jointly review the policies and procedures 
     revised under this subsection in order to ensure that any 
     lack of uniformity in policies and procedures, as so revised, 
     among the military departments and the Department of Homeland 
     Security does not render unconstitutional any policy or 
     procedure, as so revised.
       (g) Manual for Courts-Martial.--The Secretary of Defense 
     shall recommend such changes to the Manual for Courts-Martial 
     as are necessary to ensure compliance with this section.

     SEC. ___. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE 
                   GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN 
                   OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM 
                   SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR.

       (a) In General.--Subsection (a) of section 822 of title 10, 
     United States Code (article 22 of the Uniform Code of 
     Military Justice), is amended--
       (1) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (2) by inserting after paragraph (7) the following new 
     paragraph (8):
       ``(8) with respect to offenses to which section ___(a) of 
     the National Defense Authorization Act for Fiscal Year 2018 
     applies, the officers in the offices established pursuant to 
     section ___(c) of that Act or officers in the grade of O-6 or 
     higher who are assigned such responsibility by the Chief of 
     Staff of the Army, the Chief of Naval Operations, the Chief 
     of Staff of the Air Force, the Commandant of the Marine 
     Corps, or the Commandant of the Coast Guard;''.
       (b) No Exercise by Officers in Chain of Command of Accused 
     or Victim.--Such section (article) is further amended by 
     adding at the end the following new subsection:
       ``(c) An officer specified in subsection (a)(8) may not 
     convene a court-martial under this section if the officer is 
     in the chain of command of the accused or the victim.''.
       (c) Offices of Chiefs of Staff on Courts-Martial.--
       (1) Offices required.--Each Chief of Staff of the Armed 
     Forces or Commandant specified in paragraph (8) of section 
     822(a) of title 10, United States Code (article 22(a) of the 
     Uniform Code of Military Justice), as amended by subsection 
     (a), shall establish an office to do the following:
       (A) To convene general and special courts-martial under 
     sections 822 and 823 of title 10,

[[Page S4582]]

     United States Code (articles 22 and 23 of the Uniform Code of 
     Military Justice), pursuant to paragraph (8) of section 
     822(a) of title 10, United States Code (article 22(a) of the 
     Uniform Code of Military Justice), as so amended, with 
     respect to offenses to which section ___(a) applies.
       (B) To detail under section 825 of title 10, United States 
     Code (article 25 of the Uniform Code of Military Justice), 
     members of courts-martial convened as described in 
     subparagraph (A).
       (2) Personnel.--The personnel of each office established 
     under paragraph (1) shall consist of such members of the 
     Armed Forces and civilian personnel of the Department of 
     Defense, or such members of the Coast Guard or civilian 
     personnel of the Department of Homeland Security, as may be 
     detailed or assigned to the office by the Chief of Staff or 
     Commandant concerned. The members and personnel so detailed 
     or assigned, as the case may be, shall be detailed or 
     assigned from personnel billets in existence as of the 
     effective date for this part specified in section ___.

     SEC. ___. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND 
                   RESOURCES.

       (a) In General.--The Secretaries of the military 
     departments and the Secretary of Homeland Security (with 
     respect to the Coast Guard when it is not operating as a 
     service in the Navy) shall carry out sections ___ and ___ 
     using personnel, funds, and resources otherwise authorized by 
     law.
       (b) No Authorization of Additional Personnel or 
     Resources.--Sections ___ and ___ shall not be construed as 
     authorizations for personnel, personnel billets, or funds for 
     the discharge of the requirements in such sections.

     SEC. ___. MONITORING AND ASSESSMENT OF MODIFICATION OF 
                   AUTHORITIES BY DEFENSE ADVISORY COMMITTEE ON 
                   INVESTIGATION, PROSECUTION, AND DEFENSE OF 
                   SEXUAL ASSAULT IN THE ARMED FORCES.

       Section 546(c) of the Carl Levin and Howard P. ``Buck'' 
     McKeon National Defense Authorization Act for Fiscal Year 
     2015 (10 U.S.C. 1561 note) is amended--
       (1) in paragraph (1)--
       (A) by striking ``on the investigation'' and inserting ``on 
     the following:
       ``(A) The investigation''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) The implementation and efficacy of sections ___ 
     through ___ of the National Defense Authorization Act for 
     Fiscal Year 2018 and the amendments made by such sections.''; 
     and
       (2) in paragraph (2), by striking ``paragraph (1)'' and 
     inserting ``paragraph (1)(A)''.

     SEC. ___. EFFECTIVE DATE AND APPLICABILITY.

       (a) Effective Date and Applicability.--This part and the 
     amendments made by this part shall take effect 180 days after 
     the date of the enactment of this Act, and shall apply with 
     respect to any allegation of charges of an offense specified 
     in subsection (a) of section ___, and not excluded under 
     subsection (c) of section ___, which offense occurs on or 
     after such effective date.
       (b) Revisions of Policies and Procedures.--Any revision of 
     policies and procedures required of the military departments 
     or the Department of Homeland Security as a result of this 
     part and the amendments made by this part shall be completed 
     so as to come into effect together with the coming into 
     effect of this part and the amendments made by this part in 
     accordance with subsection (a).
                                 ______
                                 
  SA 673. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DEPARTMENT OF DEFENSE DIVERSITY AND INCLUSION 
                   WORKFORCE.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Applicant flow data.--The term ``applicant flow data'' 
     means data that tracks the rate of applications for job 
     positions among demographic categories.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives.
       (3) Armed force.--The term ``armed force'' has the meaning 
     given that term in section 2101 of title 5, United States 
     Code.
       (4) Civil service.--The term ``civil service'' has the 
     meaning given that term in section 2101 of title 5, United 
     States Code.
       (5) Department.--The term ``Department'' means the 
     Department of Defense and the Coast Guard.
       (6) Diversity.--The term ``diversity'' means all the 
     different characteristics and attributes of the workforce of 
     the Department, which are consistent with the core values of 
     the Department, integral to overall readiness and mission 
     accomplishment, and reflective of the people of the United 
     States.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense (and the Secretary of Homeland Security in the 
     case of the Coast Guard when it is not operating as a service 
     in the Department of the Navy).
       (8) Uniformed service.--The term ``uniformed service'' has 
     the meaning given that term in section 2101 of title 5, 
     United States Code.
       (9) Workforce.--The term ``workforce'' means an individual 
     serving in a position--
       (A) in the civil service; or
       (B) as a member of an armed force, including a member of a 
     reserve component of an armed force described in section 
     10101 of title 10, United States Code.
       (b) Diversity and Inclusion Strategic Plan.--It is the 
     sense of Congress that the Department--
       (1) should employ an aligned strategic outreach effort to 
     identify, attract, and recruit from a broad talent pool 
     reflective of the best of the Nation;
       (2) should be an employer of choice that is competitive in 
     attracting and recruiting top talent;
       (3) should develop, mentor, and retain top talents across 
     the workforce;
       (4) should establish the position of the Department as an 
     employer of choice by creating a merit-based workforce life-
     cycle continuum that focuses on personal and professional 
     development through training, education, and developing 
     employment flexibility to retain a highly-skilled workforce;
       (5) should ensure leadership commitment to an accountable 
     and sustained diversity effort; and
       (6) should develop structures and strategies to equip 
     leadership with the ability to manage diversity, be 
     accountable, and engender an inclusive work environment that 
     cultivates innovation and optimization within the Department.
       (c) Initial Reporting.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and every year after until the end of 
     fiscal year 2023, the Secretary shall make available to the 
     public and the appropriate congressional committees a report 
     which includes aggregate demographic data and other 
     information regarding the diversity and inclusion efforts of 
     the workforce of the Department.
       (2) Data.--Each report made available under paragraph (1)--
       (A) shall include a barrier analysis related to diversity 
     and inclusion efforts;
       (B) shall include aggregate demographic data--
       (i) by segment of the workforce of the Department and grade 
     or rank;
       (ii) by uniformed service and civil service job code;
       (iii) relating to attrition and promotion rates;
       (iv) that addresses the compliance of the Department with 
     validated inclusion metrics;
       (v) that provides demographic comparisons to the relevant 
     non-Governmental labor force and the relevant civilian labor 
     force;
       (vi) on the diversity of selection boards;
       (vii) on the employment of minority and service-disabled 
     veterans during the most recent 10-year period, including--

       (I) the number hired through direct hires, internships, and 
     fellowship programs; and
       (II) attrition rates by grade, in the civil service and 
     uniformed service, and in the senior positions; and

       (viii) on mentorship and retention programs;
       (C) shall include an analysis of applicant flow data, 
     including the percentage, actual numbers and level of 
     positions (including internship positions) for which data are 
     collected and a discussion of any resulting policy changes or 
     recommendations;
       (D) shall include demographic data relating to participants 
     in professional development programs of the Department and 
     the rate of placement into senior positions for participants 
     in such programs;
       (E) shall include any voluntarily collected demographic 
     data relating to the membership of any external advisory 
     committee or board to which individuals in senior positions 
     in the Department appoint members;
       (F) shall be organized in terms of real numbers and 
     percentages at all levels; and
       (G) shall be made available in a searchable database 
     format.
       (3) Recommendations.--The Secretary may submit to the 
     Office of Management and Budget and to the appropriate 
     congressional committees a recommendation regarding whether 
     the Department should voluntarily collect more detailed data 
     on demographic categories in addition to the race and 
     ethnicity categories specified in the statistical policy 
     directive issued by the Office of Management and Budget 
     entitled ``Standards for Maintaining, Collecting, and 
     Presenting Federal Data on Race and Ethnicity''. In making a 
     recommendation under this paragraph, the Secretary shall 
     engage in close consultation with internal stakeholders, such 
     as employee resource or affinity groups.
       (4) Other contents.--Each report made available under 
     paragraph (1) shall describe the efforts of the Department 
     to--
       (A) propagate fairness, impartiality, and inclusion in the 
     work environment domestically and abroad;
       (B) ensure that harassment, intolerance, and discrimination 
     are not tolerated;
       (C) refrain from engaging in unlawful discrimination in any 
     phase of the employment process, including recruitment, 
     hiring, evaluation, assignments, promotion, retention, and 
     training;

[[Page S4583]]

       (D) prevent illegal retaliation against employees for 
     participating in a protected equal employment opportunity 
     activity;
       (E) provide reasonable accommodation for qualified 
     employees and applicants with disabilities;
       (F) resolve workplace conflicts, confrontations, and 
     complaints in a prompt, impartial, constructive, and timely 
     manner; and
       (G) recruit a diverse workforce by--
       (i) recruiting women, minorities, veterans, and 
     undergraduate and graduate students;
       (ii) recruiting at historically Black colleges and 
     universities, Hispanic serving institutions, women's 
     colleges, and colleges that typically serve majority minority 
     populations;
       (iii) sponsoring and recruiting at job fairs in urban 
     communities;
       (iv) placing job advertisements in newspapers, magazines, 
     and job sites oriented toward women and people of color; and
       (v) recruiting mid-level and senior-level professionals 
     through programs designed to increase minority representation 
     in national security.
       (5) Intelligence community.--The elements of the 
     intelligence community in the Department may make available a 
     single report with respect to the diversity and inclusion 
     efforts of the workforce of the elements of the intelligence 
     community under this subsection.
       (d) Updates.--The second report, and each subsequent 
     report, under subsection (c) (which may be provided as part 
     of an annual report required under another provision of law) 
     shall include--
       (1) demographic data and information on the status of 
     diversity and inclusion efforts of the Department;
       (2) an analysis of applicant flow data;
       (3) demographic data relating to participants in 
     professional development programs of the Department and the 
     rate of placement into senior positions for participants in 
     such programs; and
       (4) the specified data in a searchable database format.
       (e) Conduct Stay and Exit Interviews or Surveys.--
       (1) Retained members.--The Director of the Office of 
     Diversity Management and Equal Opportunity shall conduct 
     periodic interviews or surveys of a representative and 
     diverse cross-section of the members of the workforce of the 
     Department to--
       (A) understand the reasons of the members for remaining in 
     a position in the Department; and
       (B) receive feedback on workplace policies, professional 
     development opportunities, and other issues affecting the 
     decision of the members to remain.
       (2) Departing members.--The Director of the Office of 
     Diversity Management and Equal Opportunity shall provide an 
     opportunity for an exit interview or survey to each member of 
     the workforce of the Department who separates from service 
     with the Department, to understand better the reasons of the 
     member for leaving.
       (3) Use of analysis from interviews and surveys.--The 
     Director of the Office of Diversity Management and Equal 
     Opportunity shall analyze and use information obtained 
     through interviews and surveys under paragraphs (1) and (2), 
     including to evaluate--
       [(A) if and how the results of the interviews differ by 
     gender, race, national origin, sexual orientation, gender 
     identity, disability status, and other demographic 
     categories; and]
       (B) whether to implement any policy changes or recommend 
     the Secretary include recommendations as part of a report 
     required under subsection (c).
       (4) Tracking data.--The Department shall--
       (A) track demographic data relating to participants in 
     professional development programs and the rate of placement 
     into senior positions for participants in such programs; and
       (B) evaluate such data on an annual basis to look for ways 
     to improve outreach and recruitment for such programs 
     consistent with merit system principles.
       [(C) understand how participation in such programs differs 
     by gender, race, national origin, sexual orientation, gender 
     identity, disability status, and other demographic 
     categories; and]
       (D) actively encourage participation from a range of 
     demographic categories, especially from categories with 
     consistently low participation.
       (f) Expand Provision of Professional Development and Career 
     Advancement Opportunities.--
       (1) In general.--The Department is authorized to expand 
     professional development opportunities that support the 
     mission needs of the Department, such as--
       (A) academic programs;
       (B) private-public exchanges; and
       (C) detail assignments to relevant positions in--
       (i) private or international organizations;
       (ii) State, local, and tribal governments;
       (iii) other branches of the Federal Government; or
       (iv) professional schools of international affairs.
       (2) Training for senior positions.--
       (A) In general.--The Department may offer, or sponsor 
     members of the workforce of the Department to participate in, 
     a Senior Executive Service candidate development program or 
     other program that trains members of the workforce of the 
     Department on the skills required for appointment to senior 
     positions in the Department.
       (B) Requirements.--In determining which members of the 
     workforce of the Department are granted professional 
     development or career advancement opportunities, the 
     Department shall--
       (i) ensure any program offered or sponsored by the 
     Department under subparagraph (A) comports with the 
     requirements of subpart C of part 412 of title 5, Code of 
     Federal Regulations, or any successor thereto, including 
     merit staffing and assessment requirements;
       (ii) consider the number of expected vacancies in senior 
     positions as a factor in determining the number of candidates 
     to select for such programs;
       [(iii) understand how participation in any program offered 
     or sponsored by the Department under subparagraph (A) differs 
     by gender, race, national origin, sexual orientation, gender 
     identity, disability status, and other demographic 
     categories; and]
       (iv) actively encourage participation from a range of 
     demographic categories, especially from categories with 
     consistently low participation.
       (3) Tracking data.--The Department shall--
       (A) track demographic data relating to participants in 
     professional development programs and the rate of placement 
     into senior positions for participants in such programs; and
       (B) evaluate such data on an annual basis to look for ways 
     to improve outreach and recruitment for such programs 
     consistent with merit system principles.
       (g) Initiatives.--
       (1) In general.--The Department should--
       (A) continue to seek a diverse and talented pool of 
     applicants;
       (B) have diversity recruitment as a goal of the human 
     resources department or equivalent entity, with outreach at 
     appropriate colleges, universities, and diversity 
     organizations and professional associations; and
       (C) intensify, identify, and build relationships with 
     qualified potential minority candidates.
       (2) Scope.--The diversity recruitment initiatives described 
     in paragraph (1) should include--
       (A) recruiting at historically black colleges and 
     universities, Hispanic-serving institutions, women's 
     colleges, and colleges that typically serve majority minority 
     populations;
       (B) sponsoring and recruiting at job fairs in urban 
     communities;
       (C) placing job advertisements in newspapers, magazines, 
     and job sites oriented toward diverse groups;
       (D) providing opportunities through highly respected, 
     international leadership programs, that focus on diversity 
     recruitment and retention; and
       (E) cultivating partnerships with organizations dedicated 
     to the advancement of the profession of international affairs 
     and national security to advance shared diversity goals.
                                 ______
                                 
  SA 674. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       On page 590, line 24, strike ``relevant Chief of Mission'' 
     and insert ``Secretary of State''.
       On page 594, line 9, insert ``and the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives'' before ``a report''.
                                 ______
                                 
  SA 675. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DEPARTMENT OF DEFENSE FAMILY AND MEDICAL LEAVE 
                   BANKS.

       (a) In General.--Subchapter V of chapter 63 of title 5, 
     United States Code, is amended--
       (1) by redesignating section 6387 as section 6388; and
       (2) by inserting after section 6386 the following:

     ``Sec. 6387. Department of Defense family and medical leave 
       banks

       ``(a) Definitions.--In this section--
       ``(1) the term `covered DOD employee' means an individual 
     described in section 6381(1)(A) who is employed by the 
     Department, without regard to whether the individual meets 
     the requirements of section 6381(1)(B);
       ``(2) the term `Department' means the Department of Defense
       ``(3) the term `designated unit' means any agency, 
     component, or other administrative unit of the Department 
     designated by the Secretary under subsection (b)(1);

[[Page S4584]]

       ``(4) the term `family and medical leave bank' means a 
     family and medical leave bank established under subsection 
     (b)(2);
       ``(5) the term `leave recipient' means a covered DOD 
     employee whose application under subsection (e)(1) to receive 
     leave from a family and medical leave bank is approved; and
       ``(6) the term `Secretary' means the Secretary of Defense.
       ``(b) Establishment of Family and Medical Leave Banks.--The 
     Secretary, in consultation with the Director of the Office of 
     Personnel Management, shall--
       ``(1) designate the agencies, components, or other 
     administrative units of the Department for which it is 
     appropriate to have a separate family and medical leave bank; 
     and
       ``(2) establish a family and medical leave bank for each 
     designated unit.
       ``(c) Establishment of Family and Medical Leave Bank 
     Boards.--
       ``(1) In general.--For each family and medical leave bank 
     established by the Secretary, the Secretary shall establish a 
     Family and Medical Leave Bank Board consisting of 3 members, 
     at least 1 of whom shall represent a labor organization or 
     employee group, to administer the family and medical leave 
     bank, in consultation with the Office of Personnel 
     Management.
       ``(2) Duties.--Each Family and Medical Leave Bank Board 
     shall--
       ``(A) review and determine whether to approve applications 
     to the family and medical leave bank under subsection (e)(1);
       ``(B) monitor each case of a leave recipient;
       ``(C) monitor the amount of leave in the family and medical 
     leave bank and the number of applications for use of leave 
     from the family and medical leave bank; and
       ``(D) maintain an adequate amount of leave in the family 
     and medical leave bank to the greatest extent practicable.
       ``(3) Qualifying family and medical events.--To the 
     greatest extent practicable, each Family and Medical Leave 
     Bank Board shall use the certification forms and standards 
     established for purposes of section 6382 in determining 
     whether, for purposes of this section, a circumstance 
     described in section 6382(a)(1) exists.
       ``(d) Crediting of Leave.--
       ``(1) Forfeited leave.--Any annual leave lost by a covered 
     DOD employee by operation of section 6304 shall be credited 
     to the family and medical leave bank of the designated unit 
     employing the covered DOD employee.
       ``(2) Contributions of use or lose leave.--
       ``(A) In general.--A covered DOD employee who is projected 
     to have annual leave that otherwise would be subject to 
     forfeiture at the end of the leave year under section 6304 
     may submit an application in writing requesting that a 
     specified number of hours (not to exceed the number of hours 
     projected to be subject to forfeiture) be transferred from 
     the annual leave account of the covered DOD employee to the 
     family and medical leave bank for the designated unit 
     employing the covered DOD employee.
       ``(B) Approval.--If a Family and Medical Leave Bank Board 
     approves an application by a covered DOD employee under 
     subparagraph (A), the Secretary shall transfer to the family 
     and medical leave bank of the designated unit employing the 
     covered DOD employee the amount of leave requested to be 
     transferred.
       ``(e) Application for Leave.--
       ``(1) In general.--A covered DOD employee who is or 
     anticipates being absent from regularly scheduled duty 
     because of a circumstance described in section 6382(a)(1) 
     (without regard to whether the covered DOD employee is 
     entitled to leave under section 6382(a)(1)) may submit an 
     application to receive leave from the family and medical 
     leave bank of the designated unit employing the covered DOD 
     employee, which shall contain such information as the 
     Secretary, in consultation with the Director of the Office of 
     Personnel Management, shall by regulation prescribe.
       ``(2) Determination.--A Family and Medical Leave Bank Board 
     may--
       ``(A) approve an application submitted under paragraph (1); 
     and
       ``(B) specify the amount of leave that shall be transferred 
     to a covered DOD employee whose application is approved.
       ``(3) Maximum amount of leave.--
       ``(A) In general.--A Family and Medical Leave Bank Board 
     may not specify an amount of leave to be transferred to a 
     covered DOD employee that is more than the amount of leave 
     described in subparagraph (B).
       ``(B) Amount.--The amount described in this subparagraph 
     is--
       ``(i) with respect to a full-time covered DOD employee, 12 
     weeks; and
       ``(ii) with respect to a part-time covered DOD employee, 
     the amount equal to the product obtained by multiplying--

       ``(I) 12 weeks; by
       ``(II) the quotient obtained by dividing--

       ``(aa) the number of hours in the regularly scheduled 
     workweek of the part-time covered DOD employee; by
       ``(bb) the number of hours in the regularly scheduled 
     workweek of a covered DOD employee serving in a comparable 
     position on a full-time basis.
       ``(4) Transfer.--The Secretary shall transfer to a covered 
     DOD employee whose application is approved under paragraph 
     (2)(A) the number of hours of leave specified under paragraph 
     (2)(B) from the family and medical leave bank for the 
     designated unit employing the covered DOD employee.
       ``(f) Use of Leave.--
       ``(1) Coordination with existing fml.--A leave recipient 
     who is entitled to leave under section 6382(a)(1) shall use 
     any leave transferred to the leave recipient from a family 
     and medical leave bank in accordance with section 6382(d)(2).
       ``(2) Failure to use leave.--
       ``(A) In general.--Any leave transferred to a leave 
     recipient from a family and medical leave bank that is not 
     used before the end of the 12-month period beginning on the 
     date described in subparagraph (B)--
       ``(i) shall be forfeited by the leave recipient; and
       ``(ii) shall be credited to the family and medical leave 
     bank from which the leave was transferred.
       ``(B) Start of period for use.--The date described in this 
     subparagraph is the later of--
       ``(i) the date on which the circumstance described in 
     section 6382(a)(1) arises; or
       ``(ii) the date on which leave is transferred to the 
     covered DOD employee under subsection (e)(4).''.
       (b) Use of Family and Medical Leave.--Section 6382(d) of 
     title 5, United States Code, is amended--
       (1) by inserting ``(1)'' before ``An employee may elect'' 
     the first place it appears; and
       (2) by adding at the end the following:
       ``(2)(A) In this paragraph, the term `covered DOD employee' 
     has the meaning given that term in section 6387.
       ``(B) A covered DOD employee entitled to leave under 
     subsection (a)(1) to whom leave is transferred from a family 
     and medical leave bank under section 6387--
       ``(i) shall substitute for any leave without pay under 
     subsection (a)(1) the amount of leave transferred to the 
     employee from the family and medical leave bank; and
       ``(ii) may substitute for any leave without pay under 
     subsection (a)(1) any annual or sick leave accrued or 
     accumulated by such employee under subchapter I.
       ``(C) A covered DOD employee to whom leave is transferred 
     from a family and medical leave bank shall first use all of 
     the transferred leave before using leave described in 
     subparagraph (B)(ii).
       ``(D) The Director of the Office of Personnel Management 
     shall prescribe any regulations necessary to carry out this 
     paragraph.''.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 63 of title 5, United States Code, is 
     amended by striking the item relating to section 6387 and 
     inserting the following:

``6387. Department of Defense family and medical leave banks.
``6388. Regulations.''.
                                 ______
                                 
  SA 676. Mr. CASEY (for himself and Mr. Moran) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

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

     SEC. ___. AUTHORITY FOR REIMBURSEMENT OF SPOUSES FOR COSTS OF 
                   PROFESSIONAL RE-LICENSURE AND RE-CERTIFICATION 
                   IN A NEW STATE IN CONNECTION WITH PERMANENT 
                   CHANGES OF STATION OF MEMBERS OF THE ARMED 
                   FORCES.

       Section 1784a(a) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3)(A) If established under this subsection, the program 
     under this subsection shall provide for the reimbursement of 
     a spouse of a member of the armed forces described in 
     subsection (b) (and without regard to the exception in 
     subsection (c)) for costs incurred by the spouse in obtaining 
     professional re-licensure or re-certification in a new State 
     in association with the member's permanent change of station 
     to a location in such State.
       ``(B) Reimbursement under this paragraph shall be available 
     for any of the following:
       ``(i) Application fees to a State board, bar association, 
     or other certifying or licensing body.
       ``(ii) Exam fees and registration fees paid to a licensing 
     body.
       ``(iii) Costs of additional coursework required for 
     eligibility for licensing or certification specific to State 
     concerned (other than costs in connection with continuing 
     education courses).
       ``(C)(i) The total amount of reimbursement of a spouse 
     under this paragraph in connection with a particular change 
     of station may not exceed $500.
       ``(ii) Eligibility for reimbursement may not be limited by 
     the grade of the member concerned.
       ``(D) The total amount reimbursement under this paragraph 
     in any fiscal year may not exceed $2,000,000.
       ``(E) Reimbursements under this paragraph shall be 
     distributed on a quarterly basis.
       ``(F) This paragraph shall expire on the enactment of a 
     credit against the tax imposed by subpart B of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 for the taxable year an amount equal to the qualified 
     re-licensing costs of an individual who is married to a 
     member of the

[[Page S4585]]

     armed forces and who moves to another State with such member 
     under a permanent change of station order.''.
                                 ______
                                 
  SA 677. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. STUDY ON UNITED STATES INTERESTS IN THE FREELY 
                   ASSOCIATED STATES.

       (a) Study Required.--The Secretary of Defense shall enter 
     into an agreement with an appropriate independent entity to 
     conduct a study and assessment of United States security and 
     foreign policy interests in the Freely Associated States of 
     the Republic of Palau, the Republic of the Marshall Islands, 
     and the Federated States of Micronesia.
       (b) Elements.--The study required pursuant to subsection 
     (a) shall address the following:
       (1) The role of the Compacts of Free Association in 
     promoting United States defense and foreign policy interests, 
     and the status of the obligations of the United States and 
     the Freely Associated States under the Compacts of Free 
     Association.
       (2) The economic assistance practices of the People's 
     Republic of China in the Freely Associated States, and the 
     implications of such practices for United States defense and 
     foreign policy interests in the Freely Associated States and 
     the Pacific region.
       (3) The economic assistance practices of other countries in 
     the Freely Associated States, as determined by the 
     Comptroller General, and the implications of such practices 
     for United States defense and foreign policy interests in the 
     Freely Associated States and the Pacific region.
       (4) Any other matters the Secretary considers appropriate 
     for purposes of the study.
       (c) Department of Defense Support.--The Secretary shall 
     provide the entity conducting the study pursuant to 
     subsection (a) with timely access to appropriate information, 
     data, resources, and analysis so that the entity may conduct 
     a thorough and independent assessment of the matters covered 
     by the study, including the matters specified in subsection 
     (b).
       (d) Report.--
       (1) In general.--Not later than December 1, 2018, the 
     Secretary shall submit to the congressional defense 
     committees a report setting forth the results of the study 
     conducted pursuant to subsection (a).
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified for, but may include a classified 
     annex.
                                 ______
                                 
  SA 678. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONGRESSIONAL BUDGET OFFICE ESTIMATE OF MISSILE 
                   DEFENSE COSTS.

       Not later than one year after the date of the enactment of 
     this Act, the Director of the Congressional Budget Office 
     shall submit to the congressional defense committees a report 
     setting forth the following:
       (1) An estimate of the costs over the 10-year period 
     beginning on the date of the report associated with fielding 
     and maintaining the current ballistic and cruise missile 
     defenses of the United States.
       (2) An estimate of the costs to acquire a national missile 
     defense system sufficient to protect the United States 
     against a ballistic or cruise missile attack from the Russian 
     Federation or the People's Republic of China.
       (3) An estimate of the costs to design, launch, maintain, 
     operate, and replenish space-based interceptors and sensors 
     of different constellation sizes ranging from limited to 
     comprehensive.
                                 ______
                                 
  SA 679. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REALLOCATION OF FUNDS AVAILABLE FOR GROUND-LAUNCHED 
                   INTERMEDIATE RANGE MISSILE TO MILITARY 
                   CAPABILITIES TO COUNTER RUSSIAN INF TREATY 
                   VIOLATIONS.

       (a) Availability of Amounts to Counter Russian INF Treaty 
     Violations.--The amount authorized to be appropriated for 
     fiscal year 2018 for the Department of Defense by this Act is 
     hereby increased by $65,000,000, with the amount of the 
     increase to be available for military capabilities to counter 
     violations of the INF Treaty by the Russian Federation.
       (b) Reduction of Amounts for Ground-launched Intermediate 
     Range Missile.--The amount authorized to be appropriated for 
     fiscal year 2018 by section 201 is hereby reduced by 
     $65,000,000, with the amount of the reduction to be applied 
     against amounts available for research, development, test, 
     and evaluation of the ground-launched intermediate range 
     missile.
       (c) INF Treaty Defined.--In this section, the term ``INF 
     Treaty'' means the Treaty between the United States of 
     America and the Union of Soviet Socialist Republics on the 
     Elimination of their Intermediate-Range and Shorter-Range 
     Missiles, signed at Washington December 8, 1987, and entered 
     into force June 1, 1988.
                                 ______
                                 
  SA 680. Mr. BOOZMAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORT ON THE NEED FOR A JOINT CHEMICAL-BIOLOGICAL 
                   DEFENSE LOGISTICS CENTER.

       Not later than March 1, 2018, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     that includes the following:
       (1) A description of the operational need and requirement 
     for a consolidated Joint Chemical-Biological Defense 
     Logistics Center.
       (2) Identification of the specific operational requirements 
     for rapid deployment of chemical and biological defense 
     assets and the sustainment requirements for maintenance, 
     storage, inspection, and distribution of specialized 
     chemical, biological, radiological, and nuclear equipment at 
     the Joint Chemical-Biological Defense Logistics Center.
       (3) A definition of program objectives and milestones to 
     achieve initial operating capability and full operating 
     capability.
       (4) Estimated facility and personnel resource requirements 
     for use in planning, programming, and budgeting.
       (5) An environmental assessment of proposed effects in 
     accordance with the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
                                 ______
                                 
  SA 681. Mr. JOHNSON (for himself, Mrs. Ernst, and Mr. Grassley) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON THE AUDIT OF THE FULL FINANCIAL 
                   STATEMENTS OF THE DEPARTMENT OF DEFENSE.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report setting forth the following:
       (1) A description of the work under taken and planned to be 
     undertaken by the Department of Defense, and the military 
     departments, Defense Agencies, and other organizations and 
     elements of the Department, to test and verify transaction 
     data from feeder systems.
       (2) A projected timeline of the Department in connection 
     with the audit of the full financial statements of the 
     Department, including the following:
       (A) The date on which the Department projects the beginning 
     of an audit of the full financial statements of the 
     Department, and the military departments, Defense Agencies, 
     and other organizations and elements of the Department, for a 
     fiscal year.
       (B) The date on which the Department projects the 
     completions of audits of the full financial statements of the 
     Department, and the military departments, Defense Agencies, 
     and other organizations and elements of the Department, for a 
     fiscal year.
       (C) The dates on which the Department expects to obtain an 
     unqualified audit opinion on the full financial statements of 
     the Department, the military departments, the Defense 
     Agencies, and other organizations and elements of the 
     Department for a fiscal year.
       (D) The anticipated total cost of future audits as 
     described in subparagraphs (A) through (C).
       (3) The anticipated annual costs of maintaining an 
     unqualified audit opinion on the

[[Page S4586]]

     full financial statements of the Department, the military 
     departments, the Defense Agencies, and other organizations 
     and elements of the Department for a fiscal year after an 
     unqualified audit opinion on such full financial statements 
     for a fiscal year is first obtained.
                                 ______
                                 
  SA 682. Mr. PERDUE (for himself, Mr. Wyden, and Mr. Sanders) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 1008. FINANCIAL AUDIT FUND.

       (a) In General.--If the Department of Defense does not 
     obtain a qualified audit opinion on its full financial 
     statements for fiscal year 2020 by March 31, 2021, the 
     Secretary of Defense shall establish a fund to be known as 
     the ``Financial Audit Fund'' (in this section referred to as 
     the ``Fund'') for the purpose of activities for the 
     resolution of Notices of Findings and Recommendations 
     received.
       (b) Elements.--Amounts in the Fund shall include the 
     following:
       (1) Amounts appropriated to the Fund.
       (2) Amounts transferred to the Fund under subsection (d).
       (3) Any other amounts authorized for transfer or deposit 
     into the Fund by law.
       (c) Availability.--
       (1) In general.--Amounts in the Fund shall be available for 
     activities for the resolution of Notices of Findings and 
     Recommendations received.
       (2) Transfers from fund.--Amounts in the Fund may be 
     transferred to any other account of the Department in order 
     to fund activities described in paragraph (1). Any amounts 
     transferred from the Fund to an account shall be merged with 
     amounts in the account to which transferred and shall be 
     available subject to the same terms and conditions as amounts 
     in such account, except that amounts so transferred shall 
     remain available until expended. The authority to transfer 
     amounts under this paragraph is in addition to any other 
     authority of the Secretary to transfer amounts by law.
       (3) Limitations.--Amounts in the Fund may be transferred 
     under this subsection in a fiscal year only to agencies and 
     organizations of the Department that have an obtained an 
     unmodified audit opinion on their financial statements for at 
     least one of the two preceding fiscal years. Amounts so 
     transferred shall be available only to permit the agency or 
     organization to which transferred to carry out activities 
     described in paragraph (1).
       (d) Transfers to Fund in Connection With Certain 
     Organizations.--
       (1) Reduction in amount available.--Subject to paragraph 
     (2), if during any fiscal year after fiscal year 2021 the 
     Secretary determines that an agency or organization of the 
     Department has not achieved a qualified opinion on its full 
     financial statements, is being identified as not audit ready, 
     is receiving a disclaimer of opinion on its financial 
     statements, or is receiving an adverse opinion on its 
     financial statements for the calendar year ending during such 
     fiscal year--
       (A) the amount available to such agency or organization for 
     the fiscal year in which such determination is made shall be 
     equal to--
       (i) the amount otherwise authorized to be appropriated for 
     such agency or organization for the fiscal year; minus
       (ii) the lesser of--

       (I) an amount equal to 0.5 percent of the amount described 
     in clause (i); or
       (II) $100,000,000; and

       (B) the Secretary shall deposit in the Fund pursuant to 
     subsection (b)(2) all amounts unavailable to agencies and 
     organizations of the Department in the fiscal year pursuant 
     to determinations made under subparagraph (A).
       (2) Inapplicability to amounts for military personnel.--Any 
     reduction applicable to an agency or organization of the 
     Department under paragraph (1) for a fiscal year shall not 
     apply to amounts, if any, available to such agency or 
     organization for the fiscal year for military personnel.
       (3) Limitation on funds transferrable.--The authority to 
     transfer amounts pursuant to this subsection applies only 
     with respect to amounts that are appropriated after the date 
     of the enactment of this Act.
       (4) Reports on transfers.--Not later than 15 days before 
     the transfer of any amount pursuant to this subsection, the 
     Secretary shall submit to the congressional defense 
     committees a notice on the transfer, including the agency or 
     organization whose funds will provide the source of the 
     transfer, the amount of the transfer, and the specific plans 
     for the use of the amount transferred for the resolution of 
     Notices of Findings and Recommendations concerned.
       (e) Definitions.--In this section:
       (1) The term ``audit ready'', with respect to an agency or 
     organization of the Department of Defense, means that the 
     agency or organization has in place the critical audit 
     capabilities and associated infrastructure necessary to 
     successfully commence and support a financial audit of its 
     relevant financial statements.
       (2) The term``adverse opinion'', with respect to financial 
     statements, means an opinion by the auditor of the financial 
     statements that the financial statements are misleading and 
     cannot be relied upon.
       (3) The term ``disclaimer of opinion'', with respect to 
     financial statements, means that the auditor of the financial 
     statements was not able to complete the audit work, and 
     cannot issue an opinion, on the financial statements.
       (4) The term ``qualified opinion'', with respect to 
     financial statements, means an opinion by the auditor of the 
     financial statements that the financial statements are 
     reliable with certain exceptions.
       (f) Coordinating Repeal.--Section 1008 of the National 
     Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 113 
     note) is amended by striking subsection (d).
                                 ______
                                 
  SA 683. Mr. TOOMEY (for himself and Mr. Casey) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENERGY SECURITY FOR MILITARY INSTALLATIONS IN 
                   EUROPE.

       (a) Findings.--Congress makes the following findings:
       (1) United States military installations in Europe are 
     potentially vulnerable to supply disruptions from foreign 
     governments, especially the Government of the Russian 
     Federation, which could use control of energy supplies in a 
     hostile or weaponized manner.
       (2) The Government of the Russian Federation has previously 
     shown its willingness to aggressively use energy supplies as 
     a weapon to pressure foreign nations, including Ukraine.
       (b) Authority.--The Secretary of Defense shall take 
     appropriate measures, to the extent practicable, to--
       (1) reduce the dependency of all United States military 
     installations in Europe on energy sourced inside Russia; and
       (2) ensure that all United States military installations in 
     Europe are able to sustain operations in the event of a 
     supply disruption
       (c) Certification Requirement.--Not later than December 31, 
     2021, the Secretary of Defense shall certify to the 
     congressional defense committees whether or not every United 
     States military installation in Europe--
       (1) is dependent to the minimum extent practicable on 
     energy sourced inside the Russian Federation; and
       (2) has the ability to sustain operations during an energy 
     supply disruption.
       (d) Briefing Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of Defense shall brief the 
     congressional defense committees on progress in achieving the 
     goals described in subsection (b), including--
       (1) an assessment of the operational risks of energy supply 
     disruptions;
       (2) a description of mitigation measures identified to 
     address such operational risks;
       (3) an assessment of the feasibility, estimated costs, and 
     schedule of diversified energy solutions; and
       (4) a determination of the minimum practicable usage of 
     energy sourced inside Russia on United States military 
     installations in Europe.
       (e) Interim Report.--Not later than 2 years after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees and make 
     publicly available an interim report on progress in achieving 
     the goals described in subsection (b), including the 
     assessments described in paragraphs (1) through (4) of 
     subsection (d).
       (f) Definition of Energy Sourced Inside Russia.--In this 
     section, the term ``energy sourced inside Russia'' means 
     energy that is produced, owned, or facilitated by companies 
     that are located in the Russian Federation or owned or 
     controlled by the Government of the Russian Federation.
                                 ______
                                 
  SA 684. Mr. TOOMEY (for himself and Mr. Casey) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:

       On page 103, between lines 2 and 3, insert the following:
       (1) not later than 120 days after the date of enactment of 
     this Act, begin an exposure assessment of no less than 8 
     current or former military installations known to have per- 
     and polyfluoroalkyl substances (PFAS) contamination in 
     drinking water, ground water, and any other sources of water 
     and relevant

[[Page S4587]]

     exposure vectors, and such assessment shall--
       (A) include--
       (i) a statistical sample at each installation, to be 
     determined by the Secretary of Health and Human Services;
       (ii) blood testing and bio-monitoring for assessing such 
     contamination;
       (B) conclude no later than 2 years after the date of 
     enactment of this Act; and
       (C) produce findings, which shall be--
       (i) used to help design the study described in paragraph 
     (2); and
       (ii) released to the appropriate congressional committees 
     not later than 1 year after the conclusion of such 
     assessment;
                                 ______
                                 
  SA 685. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of section 1635, add the following:
       (e) Limitation.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2018 may be used for an action that is not 
     permitted under the INF Treaty on the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 686. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON SIGNIFICANT SECURITY VULNERABILITIES OF 
                   THE NATIONAL ELECTRIC GRID.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall, 
     in consultation with the Director of National Intelligence 
     and the Secretary of Energy, submit to the congressional 
     defense committees a report setting forth the following:
       (1) Identification of the significant security 
     vulnerabilities of the national electric grid that are 
     susceptible to significant malicious cyber-enabled 
     activities.
       (2) An assessment of the effect of the security 
     vulnerabilities identified in paragraph (1) on the readiness 
     of the United States Armed Forces.
       (3) An assessment of the strategic benefits derived from, 
     and the challenges associated with, isolating military 
     infrastructure from the national electric grid and the use of 
     microgrids by the Armed Forces.
       (4) Recommendations on actions to be taken--
       (A) to eliminate or mitigate the security vulnerabilities 
     identified pursuant to paragraph (1); and
       (B) to address the effect of those security vulnerabilities 
     on the readiness of the Armed Forces identified pursuant to 
     paragraph (2).
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Definitions.--In this section:
       (1) The term ``security vulnerability'' has the meaning 
     given such term in section 102 of the Cybersecurity 
     Information Sharing Act of 2015 (6 U.S.C. 1501).
       (2) The term ``significant malicious cyber-enabled 
     activities'' include--
       (A) significant efforts--
       (i) to deny access to or degrade, disrupt, or destroy an 
     information and communications technology system or network; 
     or
       (ii) to exfiltrate, degrade, corrupt, destroy, or release 
     information from such a system or network without 
     authorization for purposes of--

       (I) conducting influence operations; or
       (II) causing a significant misappropriation of funds, 
     economic resources, trade secrets, personal identifications, 
     or financial information for commercial or competitive 
     advantage or private financial gain;

       (B) significant destructive malware attacks; and
       (C) significant denial of service activities.
                                 ______
                                 
  SA 687. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end of subtitle __ of title __, add the following:

     SEC. ___. PROTECTION OF INDIVIDUALS ELIGIBLE FOR INCREASED 
                   PENSION UNDER LAWS ADMINISTERED BY SECRETARY OF 
                   VETERANS AFFAIRS ON BASIS OF NEED FOR REGULAR 
                   AID AND ATTENDANCE.

       (a) Development and Implementation of Standards.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     work with the heads of Federal agencies, States, and such 
     experts as the Secretary considers appropriate to develop and 
     implement Federal and State standards that protect 
     individuals from dishonest, predatory, or otherwise unlawful 
     practices relating to increased pension available to such 
     individuals under chapter 15 of title 38, United States Code, 
     on the basis of need for regular aid and attendance.
       (2) Submittal to congress.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the Committee on Veterans' Affairs of the Senate 
     and the Committee on Veterans' Affairs of the House of 
     Representatives the standards developed under paragraph (1).
       (b) Conditional Recommendation by Comptroller General.--If 
     the Secretary does not, on or before the date that is 180 
     days after the date of the enactment of this Act, submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives standards that are developed under subsection 
     (a)(1), the Comptroller General of the United States shall, 
     not later than the date that is one year after the date of 
     the enactment of this Act, submit to such committees a report 
     containing standards that the Comptroller General determines 
     are standards that would be effective in protecting 
     individuals as described in such subsection.
       (c) Study by Comptroller General.--Not later than 540 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall complete a study on 
     standards implemented under this section to protect 
     individuals as described in subsection (a)(1) and submit to 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report containing the findings of the 
     Comptroller General with respect to such study.
                                 ______
                                 
  SA 688. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REGULAR ORDER.

       Notwithstanding any other provision of law, nothing in this 
     Act, including the amendments made by this Act, shall take 
     effect until the both the Senate and the House of 
     Representatives pass this Act through regular order.
                                 ______
                                 
  SA 689. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIREMENT TO HOLD CONFERENCE.

       Notwithstanding any other provision of law, no provision of 
     this Act, including any amendment made by this Act, shall 
     take effect until a bipartisan conference has been convened 
     and produced a conference report with respect to this Act, 
     and such conference report has passed the Senate and the 
     House of Representatives. The conference committee shall hold 
     multiple public meetings and consider the input of 
     stakeholders.
                                 ______
                                 
  SA 690. Ms. MURKOWSKI (for herself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 267 submitted by Mr. 
Cardin (for himself and Ms. Stabenow) and intended to be proposed to 
the bill H.R. 1628, to provide for reconciliation pursuant to title II 
of the concurrent resolution on the budget for fiscal year 2017; which 
was ordered to lie on the table; as follows:

       Strike section 105.
                                 ______
                                 
  SA 691. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       Strike section 202 and insert the following:

     SEC. ___. WOMEN'S HEALTH CARE PROGRAM.

       Title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 1947. WOMEN'S HEALTH CARE PROGRAM.

       ``(a) In General.--Notwithstanding section 105 of the 
     Health Care Freedom Act, the Secretary shall award funds on a 
     competitive basis to any entity that is listed as a family 
     planning essential community provider for the provision of 
     family planning, reproductive health, and related services 
     during the 1 year period that begins on the date of the 
     enactment of such Act.
       ``(b) Appropriation.--For the purpose of making awards 
     under this section, there are

[[Page S4588]]

     authorized to be appropriated, and are appropriated, out of 
     monies in the Treasury not otherwise obligated, $422,000,000 
     for fiscal year 2017, to remain available until expended.''.
                                 ______
                                 
  SA 692. Mr. BLUMENTHAL (for himself, Mr. Murphy, Mrs. Gillibrand, Mr. 
Peters, Mr. Markey, and Mr. Coons) submitted an amendment intended to 
be proposed by him to the bill H.R. 2810, 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; which was ordered to lie on 
the table; as follows:

       In the funding table in section 4101, in the item relating 
     to UH-60 Blackhawk M Model (MYP), strike the amount in the 
     Senate Authorized column and insert ``1,265,308''.
       In the funding table in section 4101, in the item relating 
     to Total Aircraft Procurement, Army, strike the amount in the 
     Senate Authorized column and insert ``5,364,068''.
       In the funding table in section 4101, in the first item 
     relating to O/A-X Light Attack Fighter, strike the amount in 
     the Senate Authorized column and insert ``873,000''.
       In the funding table in section 4101, in the second item 
     relating to O/A-X Light Attack Fighter, strike the amount in 
     the Senate Authorized column and insert ``[873,000]''.
       In the funding table in section 4101, in the item relating 
     to Total Aircraft Procurement, Air Force, strike the amount 
     in the Senate Authorized column and insert ``20,243,286''.
                                 ______
                                 
  SA 693. Mr. BOOKER (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. __. PAY FOR CERTAIN EMPLOYEES AND CONTRACTORS WORKING IN 
                   SENSITIVE SECURITY ENVIRONMENTS.

       (a) Federal Employees.--
       (1) In general.--Subchapter IV of chapter 53 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5349A. Pay for prevailing rate employees working in 
       sensitive security environments

       ``(a) Definitions.--In this section--
       ``(1) the term `local wage area' means a local wage 
     established under section 5343; and
       ``(2) the term `position in a sensitive security 
     environment' means a position in which individual--
       ``(A) is required to have a security clearance; or
       ``(B) performs not less than 50 percent of the official 
     duties of the individual--
       ``(i) for an element of the intelligence community (as 
     defined under section 3(4) of the National Security Act of 
     1947 (50 U.S.C. 3003(4)));
       ``(ii) for a laboratory or research center overseen by the 
     Office for National Laboratories of the Department of 
     Homeland Security;
       ``(iii) at an airport; or
       ``(iv) at a military installation.
       ``(b) Pay Limitation.--The rate of basic pay for a 
     prevailing wage employee in a position in a sensitive 
     security environment shall be not less than the rate of basic 
     pay for grade 2, level 1 of the WS wage schedule in effect 
     for the local wage area of the duty station of the prevailing 
     rate employee.''.
       (2) Technical and conforming amendment.--The table of 
     sections for subchapter VII of chapter 53 of title 5, United 
     States Code, is amended by adding at the end the following:

``5349A. Pay for prevailing rate employees working in sensitive 
              security environments.''.
       (3) Effective date.--The amendment made by this subsection 
     shall take effect on the first day of the first pay period 
     beginning after the date that is 1 year after the date of 
     enactment of this Act.
       (b) Private Employers.--
       (1) In general.--Section 6 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 206) is amended by adding at the end the 
     following:
       ``(h) Minimum Wage for Employees in Sensitive Security 
     Environments.--
       ``(1) Definition of covered employee.--In this subsection, 
     the term `covered employee' means an employee who--
       ``(A) in any workweek is engaged in commerce or in the 
     production of goods for commerce, or is employed in an 
     enterprise engaged in commerce or in the production of goods 
     for commerce;
       ``(B) performs duties described in section 5342(a)(2) of 
     section 5, United States Code; and
       ``(C) is employed in a position in a sensitive security 
     environment, as defined in section 5349A(a) of title 5, 
     United States Code.
       ``(2) Wage required in sensitive security environments.--In 
     lieu of any rate prescribed under subsection (a), (b), or 
     (e), any employer shall pay a covered employee a wage rate 
     that is not less than the rate of basic pay for grade 2, 
     level 1 of the WS wage schedule in effect for the local wage 
     area of the duty station of the employee.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect beginning on the date that is 1 year after 
     the date of enactment of this Act.
       (c) Federal Contractor Requirement.--By not later than 1 
     year after the date of enactment of this Act, the Federal 
     Acquisition Regulatory Council shall amend the Federal 
     Acquisition Regulation to require that all Federal contracts 
     for the provision of property or services include a 
     requirement that the contractor comply with the requirements 
     of section 6(h) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(h)).
                                 ______
                                 
  SA 694. Mr. BOOKER (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. SHARK FIN TRADE ELIMINATION.

       (a) Findings.--Congress finds the following:
       (1) Sharks are critically important species for their 
     economic, cultural, and ecosystem value.
       (2) Many shark populations are in peril worldwide and are 
     on the decline.
       (3) One of the greatest threats to sharks is the global 
     trade in shark fins. It is estimated that fins from as many 
     as 73,000,000 sharks end up in the global shark fin trade 
     every year.
       (4) Shark fins have no medicinal or nutritional value.
       (5) The trade in shark fins is primarily focused on large 
     coastal and pelagic species that grow slowly, mature late, 
     and have low reproduction rates.
       (6) Shark fins are often removed and retained while the 
     remainder of a shark is discarded due to the high market 
     value of shark fins relative to other parts of a shark.
       (7) Shark fins are removed primarily to be commercialized 
     as a fungible commodity.
       (8) Shark finning is the cruel practice in which the fins 
     of a shark are cut off on board a fishing vessel at sea. The 
     remainder of the animal is then thrown back into the water to 
     drown, starve, or die a slow death.
       (9) Although the United States has banned the practice of 
     shark finning aboard vessels in waters controlled by the 
     United States, there is no Federal ban on the removal and 
     sale of shark fins once the fin is brought ashore.
       (10) Once a shark fin is detached from the body, it becomes 
     impossible to determine whether the shark was legally caught 
     or the fin lawfully removed.
       (11) It is difficult to determine which species of shark a 
     fin was removed from, which is problematic because some 
     species are threatened with extinction.
       (12) The States of Texas, Delaware, Hawaii, Illinois, 
     Massachusetts, Maryland, New York, Oregon, Rhode Island, 
     California, and Washington and American Samoa, Guam, and the 
     North Mariana Islands have implemented bans on the sale of 
     shark fins.
       (13) Shark fins possessed, transported, offered for sale, 
     sold, or purchased anywhere in the United States are part of 
     a large international market, having a substantial and direct 
     effect on interstate commerce.
       (14) Abolition of the shark fin trade in the United States 
     will remove the United States from the global shark fin 
     market and will put the United States in a stronger position 
     to advocate internationally for abolishing the shark fin 
     trade in other countries.
       (b) Prohibition on Sale of Shark Fins.--
       (1) Prohibition.--Except as provided in subsection (c), no 
     person shall possess, transport, offer for sale, sell, or 
     purchase shark fins or products containing shark fins.
       (2) Penalty.--A violation of paragraph (1) shall be treated 
     as an act prohibited by section 307 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1857) and 
     shall be penalized pursuant to section 308(a) of that Act (16 
     U.S.C. 1858(a)), except that the maximum civil penalty for 
     each violation shall be $100,000, or the fair market value of 
     the shark fins involved, whichever is greater.
       (c) Exceptions.--A person may possess a shark fin that was 
     taken lawfully under a State, territorial, or Federal license 
     or permit to take or land sharks, if the shark fin is 
     separated from the shark in a manner consistent with the 
     license or permit and is--
       (1) destroyed or discarded upon separation;
       (2) used for noncommercial subsistence purposes in 
     accordance with State or territorial law;
       (3) used solely for display or research purposes by a 
     museum, college, or university, or other person under a State 
     or Federal permit to conduct noncommercial scientific 
     research; or
       (4) retained by the license or permit holder for a 
     noncommercial purpose.
       (d) Dogfish.--
       (1) In general.--It shall not be a violation of subsection 
     (b) for any person to possess,

[[Page S4589]]

     transport, offer for sale, sell, or purchase any fresh or 
     frozen raw fin or tail from any stock of the species Mustelus 
     canis (smooth dogfish) or Squalus acanthias (spiny dogfish).
       (2) Report.--By not later than January 1, 2027, the 
     Secretary of Commerce shall review the exemption contained in 
     paragraph (1) and shall prepare and submit to Congress a 
     report that includes a recommendation on whether the 
     exemption contained in paragraph (1) should continue or be 
     terminated. In preparing such report and making such 
     recommendation, the Secretary shall analyze factors 
     including--
       (A) the economic viability of dogfish fisheries with and 
     without the continuation of the exemption;
       (B) the impact to ocean ecosystems of continuing or 
     terminating the exemption;
       (C) the impact on enforcement of the ban contained in 
     subsection (b) caused by the exemption; and
       (D) the impact of the exemption on shark conservation.
       (e) Definition of Shark Fin.--In this section, the term 
     ``shark fin'' means--
       (1) the raw or dried or otherwise processed detached fin of 
     a shark; or
       (2) the raw or dried or otherwise processed detached tail 
     of a shark.
       (f) State Authority.--Nothing in this section may be 
     construed to preclude, deny, or limit any right of a State or 
     territory to adopt or enforce any regulation or standard that 
     is more stringent than a regulation or standard in effect 
     under this section.
       (g) Severability.--If any provision of this section or its 
     application to any person or circumstance is held invalid, 
     the invalidity does not affect other provisions or 
     applications of this section which can be given effect 
     without the invalid provision or application, and to this end 
     the provisions of this section are severable.
                                 ______
                                 
  SA 695. Mr. BOOKER (for himself, Mrs. Capito, Mr. Blumenthal, Mr. 
Portman, and Mr. Peters) submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. SHARK FIN TRADE ELIMINATION.

       (a) Findings.--Congress finds the following:
       (1) Sharks are critically important species for their 
     economic, cultural, and ecosystem value.
       (2) Many shark populations are in peril worldwide and are 
     on the decline.
       (3) One of the greatest threats to sharks is the global 
     trade in shark fins. It is estimated that fins from as many 
     as 73,000,000 sharks end up in the global shark fin trade 
     every year.
       (4) Shark fins have no medicinal or nutritional value.
       (5) The trade in shark fins is primarily focused on large 
     coastal and pelagic species that grow slowly, mature late, 
     and have low reproduction rates.
       (6) Shark fins are often removed and retained while the 
     remainder of a shark is discarded due to the high market 
     value of shark fins relative to other parts of a shark.
       (7) Shark fins are removed primarily to be commercialized 
     as a fungible commodity.
       (8) Shark finning is the cruel practice in which the fins 
     of a shark are cut off on board a fishing vessel at sea. The 
     remainder of the animal is then thrown back into the water to 
     drown, starve, or die a slow death.
       (9) Although the United States has banned the practice of 
     shark finning aboard vessels in waters controlled by the 
     United States, there is no Federal ban on the removal and 
     sale of shark fins once the fin is brought ashore.
       (10) Once a shark fin is detached from the body, it becomes 
     impossible to determine whether the shark was legally caught 
     or the fin lawfully removed.
       (11) It is difficult to determine which species of shark a 
     fin was removed from, which is problematic because some 
     species are threatened with extinction.
       (12) The States of Texas, Delaware, Hawaii, Illinois, 
     Massachusetts, Maryland, New York, Oregon, Rhode Island, 
     California, and Washington and American Samoa, Guam, and the 
     North Mariana Islands have implemented bans on the sale of 
     shark fins.
       (13) Shark fins possessed, transported, offered for sale, 
     sold, or purchased anywhere in the United States are part of 
     a large international market, having a substantial and direct 
     effect on interstate commerce.
       (14) Abolition of the shark fin trade in the United States 
     will remove the United States from the global shark fin 
     market and will put the United States in a stronger position 
     to advocate internationally for abolishing the shark fin 
     trade in other countries.
       (b) Prohibition on Sale of Shark Fins.--
       (1) Prohibition.--Except as provided in subsection (c), no 
     person shall possess, transport, offer for sale, sell, or 
     purchase shark fins or products containing shark fins.
       (2) Penalty.--A violation of paragraph (1) shall be treated 
     as an act prohibited by section 307 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1857) and 
     shall be penalized pursuant to section 308(a) of that Act (16 
     U.S.C. 1858(a)), except that the maximum civil penalty for 
     each violation shall be $100,000, or the fair market value of 
     the shark fins involved, whichever is greater.
       (c) Exceptions.--A person may possess a shark fin that was 
     taken lawfully under a State, territorial, or Federal license 
     or permit to take or land sharks, if the shark fin is 
     separated from the shark in a manner consistent with the 
     license or permit and is--
       (1) destroyed or discarded upon separation;
       (2) used for noncommercial subsistence purposes in 
     accordance with State or territorial law;
       (3) used solely for display or research purposes by a 
     museum, college, or university, or other person under a State 
     or Federal permit to conduct noncommercial scientific 
     research; or
       (4) retained by the license or permit holder for a 
     noncommercial purpose.
       (d) Dogfish.--
       (1) In general.--It shall not be a violation of subsection 
     (b) for any person to possess, transport, offer for sale, 
     sell, or purchase any fresh or frozen raw fin or tail from 
     any stock of the species Mustelus canis (smooth dogfish) or 
     Squalus acanthias (spiny dogfish).
       (2) Report.--By not later than January 1, 2027, the 
     Secretary of Commerce shall review the exemption contained in 
     paragraph (1) and shall prepare and submit to Congress a 
     report that includes a recommendation on whether the 
     exemption contained in paragraph (1) should continue or be 
     terminated. In preparing such report and making such 
     recommendation, the Secretary shall analyze factors 
     including--
       (A) the economic viability of dogfish fisheries with and 
     without the continuation of the exemption;
       (B) the impact to ocean ecosystems of continuing or 
     terminating the exemption;
       (C) the impact on enforcement of the ban contained in 
     subsection (b) caused by the exemption; and
       (D) the impact of the exemption on shark conservation.
       (e) Definition of Shark Fin.--In this section, the term 
     ``shark fin'' means--
       (1) the raw or dried or otherwise processed detached fin of 
     a shark; or
       (2) the raw or dried or otherwise processed detached tail 
     of a shark.
       (f) State Authority.--Nothing in this section may be 
     construed to preclude, deny, or limit any right of a State or 
     territory to adopt or enforce any regulation or standard that 
     is more stringent than a regulation or standard in effect 
     under this section.
       (g) Severability.--If any provision of this section or its 
     application to any person or circumstance is held invalid, 
     the invalidity does not affect other provisions or 
     applications of this section which can be given effect 
     without the invalid provision or application, and to this end 
     the provisions of this section are severable.
                                 ______
                                 
  SA 696. Mr. BOOKER (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF 
                   THE NAMES OF THE 74 MEMBERS OF THE CREW OF THE 
                   U.S.S. FRANK E. EVANS WHO PERISHED ON JUNE 3, 
                   1969.

       (a) Sense of Congress.--Congress acknowledge the courage, 
     service, and sacrifice of the crew members of the U.S.S. 
     Frank E. Evans, including the 74 crew members who perished on 
     June, 3, 1969.
       (b) Approval of Inclusion.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall, in coordination with the Secretary of the 
     Interior, approve the inclusion on the Vietnam Veterans 
     Memorial Wall of the names of the 74 sailors of the U.S.S. 
     Frank E. Evans who perished on June 3, 1969.
                                 ______
                                 
  SA 697. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
                   TERMINATION OF VETS4WARRIORS CRISIS HOTLINE 
                   PROGRAM.

       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

[[Page S4590]]

     terminate the Vets4Warriors crisis hotline program unless the 
     Secretary of Defense has submitted to the congressional 
     defense committees a report describing a sufficient 
     replacement to such program.
                                 ______
                                 
  SA 697. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
                   TERMINATION OF VETS4WARRIORS CRISIS HOTLINE 
                   PROGRAM.

       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 
     terminate the Vets4Warriors crisis hotline program unless the 
     Secretary of Defense has submitted to the congressional 
     defense committees a report describing a sufficient 
     replacement to such program.
                                 ______
                                 
  SA 698. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ITEMIZED LIST OF ITEMS ACQUIRED FROM FOREIGN 
                   ENTITIES THROUGH BUY AMERICAN WAIVERS.

       Section 8302(b)(2)(B) of title 41, United States Code, is 
     amended by inserting ``, including an itemized list of all 
     articles, materials, and supplies acquired through such 
     waivers,'' after ``this chapter''.
                                 ______
                                 
  SA 699. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       Strike section 812.
                                 ______
                                 
  SA 700. Ms. HARRIS submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PILOT PROGRAM ON INTEGRATING INTO THE DEPARTMENT OF 
                   DEFENSE WORKFORCE INDIVIDUALS WITH 
                   CYBERSECURITY SKILLS WHOSE SERVICES ARE DONATED 
                   BY PRIVATE PERSONS.

       (a) Pilot Program Required.--Not later than June 1, 2019, 
     the Secretary of Defense shall commence carrying out a pilot 
     program to assess the feasibility and advisability of 
     integrating into the workforce of the Department of Defense 
     individuals who have skills relating to cybersecurity and 
     whose services are donated to the Department of Defense by 
     private persons.
       (b) Duration.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall carry out the pilot program during the period 
     beginning on the date of the commencement of the pilot 
     program and ending on June 1, 2024.
       (2) Extension.--At the end of the period set forth in 
     paragraph (1), the Secretary may, as the Secretary considers 
     appropriate, extend the period of the pilot program for such 
     period as the Secretary considers appropriate, except that 
     such extension shall be less than two years.
       (c) Location.--
       (1) In general.--The Secretary shall carry out the pilot 
     program at one or more facilities of the Federal Government 
     or a nonprofit organization. Such facilities shall be 
     selected by the Secretary to maximize the number of 
     individuals participating in the pilot program consistent 
     with subsection (d)(3).
       (2) Workspaces for handling classified material.--The 
     Secretary shall ensure that such facilities include, as the 
     Secretary considers appropriate, workspaces for handling 
     classified material.
       (d) Application and Selection.--
       (1) Application.--An individual seeking to participate in 
     the pilot program shall submit to the Secretary an 
     application therefor at such time, in such manner, and 
     containing such information as the Secretary may require.
       (2) Selection.--The Secretary shall establish a competitive 
     process for the selection of individuals to participate in 
     the pilot program.
       (3) Priorities.--In selecting individuals to participate in 
     the pilot program, the Secretary shall give priority to 
     individuals who have not previously served as an employee or 
     contractor of the Federal Government and who possess 
     technical expertise relating to the defense of information 
     systems. In selecting individuals to particupate in the pilot 
     program and individuals to support the pilot program, the 
     Secretary shall also give priority to individuals who will 
     facilitate integration of skilled experts from the private 
     sector into the Federal Government cybersecurity workforce.
       (4) Maximum number of participants.--No more than 250 
     individuals may concurrently participate in the pilot 
     program.
       (e) Federal Collaboration.--The Secretary shall detail 
     employees of the Department to the facilities selected under 
     subsection (c) to maximize productivity, collaboration, and 
     exchange of knowledge.
       (f) Appointments.--
       (1) Authorities.--In carrying out the pilot program, the 
     Secretary may use any appropriate appointment authority, 
     including the authorities for--
       (A) public-private talent exchanges under section 1599g of 
     title 10, United States Code;
       (B) an information technology exchange program under 
     section 3702 of title 5, United States Code, notwithstanding 
     the numerical limitation provided in that section; and
       (C) appointment under subchapter VI of chapter 33 of such 
     title, except that, for purposes of the pilot program, the 
     term ``other organization'', as used in such subchapter, 
     shall be deemed to include a for-profit organization.
       (2) Compensation.--Nothing in this section shall be 
     construed as a modification of the compensation provisions or 
     ethics requirements associated with the appointment 
     authorities in paragraph (1).
       (3) Expenses.--The Secretary may pay for travel and other 
     work-related expenses associated with individuals 
     participating in the pilot program.
       (g) Detailing of Participants.--With the consent of an 
     individual participating in the pilot program, the Secretary 
     may, under the pilot program, detail the individual to 
     another Federal department or agency.
       (h) Security Clearances.--The Secretary shall establish an 
     expedited process for providing appropriate security 
     clearances to individuals who participate in the pilot 
     program, consistent with counterintelligence best practices.
       (i) Avoidance of Duplication.--In carrying out the pilot 
     program, the Secretary of Defense shall coordinate with the 
     Defense Digital Service, the Defense Innovation Unit 
     Experimental, and such other elements of the United States 
     Government as the Secretary considers appropriate to minimize 
     duplication of effort and facilities.
       (j) Reports.--
       (1) Preliminary report.--Not later than June 1, 2022, the 
     Secretary shall submit to the congressional defense 
     committees a preliminary report describing the results of the 
     pilot program, recommending how the pilot program could be 
     improved, and providing a recommendation on whether the pilot 
     program should be made permanent.
       (2) Final report.--Not later than January 1, 2025, the 
     Secretary shall submit to the congressional defense 
     committees a final report describing the results of the pilot 
     program, recommending how the pilot program could be 
     improved, and providing a recommendation on whether the pilot 
     program should be made permanent.
                                 ______
                                 
  SA 701. Ms. HARRIS (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. 513. EXCLUSION OF MEMBERS OF THE NATIONAL GUARD 
                   PERFORMING FUNERAL HONORS FROM COUNTING FOR 
                   ACTIVE-DUTY END STRENGTH LEVELS.

       (a) In General.--Subsection (i) of section 115 of title 10, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(14) Members of the National Guard on active duty or 
     full-time National Guard duty for the purpose of carrying out 
     funeral honors activities under section 115 of title 32.''.
       (b) Conforming Amendment.--Subsection (b)(3)(B) of such 
     section is amended by striking ``through (8)'' and inserting 
     ``through (14)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2017, and shall apply with 
     respect to National Guard members ordered to active duty for 
     the purpose of preparing and performing funeral honors 
     before, on, or after that date.

[[Page S4591]]

  

                                 ______
                                 
  SA 702. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, 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; which was ordered to lie on the table; as 
follows:

       At the end of division A, add the following:

                       TITLE XVII--ONLINE SAFETY

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Online Safety 
     Modernization Act of 2017''.

              Subtitle A--Interstate Sextortion Prevention

     SEC. 1711. COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR 
                   SEXUALLY INTIMATE VISUAL DEPICTIONS.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by adding at the end the following:

  ``CHAPTER 124--COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR SEXUALLY 
                       INTIMATE VISUAL DEPICTIONS

``2751. Definitions.
``2752. Coercion of sexual acts.
``2753. Coercion of sexual contact.
``2754. Coerced production of sexually intimate visual depictions.
``2755. Coercion using sexually intimate visual depictions.
``2756. Extortion using sexually intimate visual depictions.
``2757. Offenses involving minors.
``2758. Offenses resulting in death or serious bodily injury.
``2759. Attempt.
``2760. Repeat offenders.
``2761. Forfeitures.
``2762. Mandatory restitution.
``2763. Civil action.

     ``Sec. 2751. Definitions

       ``In this chapter:
       ``(1) Actual depiction.--The term `actual depiction' means 
     a depiction that has not been fabricated or materially 
     altered to change the appearance or physical characteristics 
     of any individual, object, or activity depicted.
       ``(2) Coercion.--The term `coercion' means--
       ``(A) a threat of serious harm to or physical restraint 
     against any individual;
       ``(B) a scheme, plan, or pattern intended to cause a person 
     to believe that failure to perform an act would result in 
     serious harm to or physical restraint against any individual; 
     or
       ``(C) the abuse or threatened abuse of law or the legal 
     process.
       ``(3) Computer-generated sexually intimate visual 
     depiction.--The term `computer-generated sexually intimate 
     visual depiction' means a depiction that has been created, 
     adapted, or modified through the use of any computer 
     technology to appear to be a sexually intimate visual 
     depiction.
       ``(4) Criminal action.--The term `criminal action' includes 
     an investigation and prosecution that is pending, until final 
     adjudication in the trial court.
       ``(5) Immediate family member.--The term `immediate family 
     member', with respect to an addressee, means--
       ``(A) the spouse, parent, legal guardian, grandparent, 
     sibling, child, or grandchild of the addressee, or an 
     individual for whom the addressee serves as legal guardian; 
     or
       ``(B) any other individual living in the household of the 
     addressee and related to the addressee by blood or marriage.
       ``(6) Indistinguishable.--The term `indistinguishable', 
     with respect to a computer-generated sexually intimate visual 
     depiction--
       ``(A) means virtually indistinguishable, in that the 
     computer-generated sexually intimate visual depiction is such 
     that an ordinary person viewing the computer-generated 
     depiction would conclude that the computer-generated 
     depiction is an actual depiction of the addressee or of an 
     immediate family member or intimate partner of the addressee; 
     and
       ``(B) does not apply to a depiction that is a drawing, 
     cartoon, sculpture, or painting depicting any individual.
       ``(7) Intimate partner.--The term `intimate partner', with 
     respect to an addressee, means an individual who is or has 
     been in a social relationship of a romantic or intimate 
     nature with the addressee, as determined by the length of the 
     relationship, the type of relationship, and the frequency of 
     interaction between the individuals involved in the 
     relationship.
       ``(8) Minor.--The term `minor' means any individual who has 
     not attained the age of 18 years.
       ``(9) Produce.--The term `produce' means to create, make, 
     manufacture, photograph, film, videotape, record, or transmit 
     live a sexually intimate visual depiction.
       ``(10) Publish.--The term `publish'--
       ``(A) means to circulate, deliver, distribute, disseminate, 
     transmit, or otherwise make available to another person; and
       ``(B) includes the hosting or display on the Internet.
       ``(11) Serious bodily injury.--The term `serious bodily 
     injury' means bodily injury that involves a substantial risk 
     of death, unconsciousness, extreme physical pain, protracted 
     and obvious disfigurement, or protracted loss or impairment 
     of the function of a bodily member, organ, or mental faculty.
       ``(12) Sexual act.--The term `sexual act' means--
       ``(A) any genital to genital, oral to genital, anal to 
     genital, or oral to anal contact, not through the clothing;
       ``(B) the penetration, however slight, of the anal or 
     genital opening of any individual by a hand or finger or by 
     any object; or
       ``(C) the intentional touching, not through the clothing, 
     of the genitalia of or by any individual.
       ``(13) Sexual contact.--The term `sexual contact' means the 
     intentional touching, either directly or through the 
     clothing, of the genitalia, anus, groin, breast, inner thigh, 
     or buttocks of any person, or the intentional transmission or 
     transfer of male or female ejaculate onto any part of another 
     person's body.
       ``(14) Sexually intimate visual depiction.--The term 
     `sexually intimate visual depiction' means any photograph, 
     film, video, or other recording or live transmission of an 
     individual, whether produced by electronic, mechanical, or 
     other means (including depictions stored on undeveloped film 
     and videotape, data stored on computer disk or by any 
     electronic means that is capable of conversion into a visual 
     image, and data that is capable of conversion into a visual 
     image that has been transmitted by any means, whether or not 
     stored in a permanent format), that depicts--
       ``(A) the naked exhibition of the anus, the post-pubescent 
     female nipple, the genitals, or the pubic area of any 
     individual;
       ``(B) any actual or simulated sexual contact or sexual act;
       ``(C) bestiality; or
       ``(D) sadistic or masochistic conduct.
       ``(15) Victim.--The term `victim' means the individual 
     harmed as a result of a commission of a crime under this 
     chapter.

     ``Sec. 2752. Coercion of sexual acts

       ``(a) In General.--
       ``(1) Offense.--It shall be unlawful, using the mail or any 
     facility or means of interstate or foreign commerce, to 
     knowingly cause any individual to engage in a sexual act with 
     another individual through coercion, fraud, or a threat to 
     injure the person, property, or reputation of any person.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for any term of years 
     or for life, or both.
       ``(b) Threats.--
       ``(1) Offense.--It shall be unlawful, with the intent to 
     cause any individual to engage in a sexual act with another 
     individual, to knowingly transmit any communication 
     containing a threat to injure the person, property, or 
     reputation of any person, using the mail or any facility or 
     means of interstate or foreign commerce.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 5 
     years, or both.

     ``Sec. 2753. Coercion of sexual contact

       ``(a) In General.--
       ``(1) Offense.--It shall be unlawful, using the mail or any 
     facility or means of interstate or foreign commerce, to 
     knowingly cause any individual to engage in sexual contact 
     with another individual through coercion, fraud, or a threat 
     to injure the person, property, or reputation of any person.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 10 
     years, or both.
       ``(b) Threats.--
       ``(1) Offense.--It shall be unlawful, with the intent to 
     cause any individual to engage in sexual contact with another 
     individual, to knowingly transmit any communication 
     containing a threat to injure the person, property, or 
     reputation of any person, using the mail or any facility or 
     means of interstate or foreign commerce.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 5 
     years, or both.

     ``Sec. 2754. Coerced production of sexually intimate visual 
       depictions

       ``(a) Definition.--In this section, the term `sexually 
     intimate visual depiction' does not include any computer-
     generated sexually intimate visual depiction.
       ``(b) General Prohibition.--
       ``(1) Offense.--It shall be unlawful, in a circumstance 
     described in subsection (c), to knowingly cause any person to 
     produce a sexually intimate visual depiction of any 
     individual through coercion, fraud, or a threat to injure the 
     person, property, or reputation of any person.
       ``(2) Penalty.--Any person who violates paragraph (1) 
     shall--
       ``(A) if a sexual act with another individual results, be 
     fined under this title, imprisoned for any term of years or 
     for life, or both; and
       ``(B) in any other case, be fined under this title, 
     imprisoned for not more than 20 years, or both.
       ``(c) Circumstances Described.--The circumstances described 
     in this subsection are that--
       ``(1) the person uses the mail or any facility or means of 
     interstate or foreign commerce to cause any person to produce 
     the sexually intimate visual depiction described in 
     subsection (a)(1);
       ``(2) the person knows or has reason to know that the 
     sexually intimate visual depiction described in subsection 
     (a)(1) will be--

[[Page S4592]]

       ``(A) transported or transmitted using any means or 
     facility of interstate or foreign commerce, including by 
     computer;
       ``(B) transported or transmitted in or affecting interstate 
     or foreign commerce; or
       ``(C) mailed;
       ``(3) the sexually intimate visual depiction described in 
     subsection (a)(1) is produced or transmitted using a material 
     that has been--
       ``(A) transported or transmitted using any means or 
     facility of interstate or foreign commerce, including by 
     computer;
       ``(B) transported or transmitted in or affecting interstate 
     or foreign commerce; or
       ``(C) mailed;
       ``(4) the sexually intimate visual depiction described in 
     subsection (a)(1) is--
       ``(A) transported or transmitted using any means or 
     facility of interstate or foreign commerce;
       ``(B) transported or transmitted in or affecting interstate 
     or foreign commerce; or
       ``(C) mailed; or
       ``(5) any part of the offense occurs--
       ``(A) in a territory or possession of the United States; or
       ``(B) within the special maritime and territorial 
     jurisdiction of the United States.
       ``(d) Threats.--
       ``(1) Offense.--It shall be unlawful, with the intent to 
     cause a person to produce a sexually intimate visual 
     depiction of any individual, to knowingly transmit any 
     communication containing a threat to injure the person, 
     property, or reputation of any person, using the mail or any 
     facility or means of interstate or foreign commerce.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 5 
     years, or both.
       ``(e) Offenses Involving Minors.--Notwithstanding any other 
     provision of law, in any case under this section involving a 
     victim under the age of 18 in which the sexually intimate 
     visual depiction constitutes child pornography, as defined in 
     section 2256(8), the offender shall be punished as provided 
     in section 2251(e).

     ``Sec. 2755. Coercion using sexually intimate visual 
       depictions

       ``(a) Definition.--In this section, the term `sexually 
     intimate visual depiction' includes any computer-generated 
     sexually intimate visual depiction of an individual that is 
     indistinguishable from an actual depiction of the individual.
       ``(b) General Prohibition.--
       ``(1) Offense.--It shall be unlawful, using the mail or any 
     facility or means of interstate or foreign commerce, to 
     knowingly cause any person to engage or refrain from engaging 
     in conduct by transmitting a communication containing a 
     threat to publish any sexually intimate visual depiction of--
       ``(A) the addressee; or
       ``(B) an immediate family member or intimate partner of the 
     addressee.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 7 
     years, or both.
       ``(c) Threats.--
       ``(1) Offense.--It shall be unlawful, with the intent to 
     cause a person to engage or refrain from engaging in conduct, 
     to knowingly transmit any communication containing a threat 
     to publish any sexually intimate visual depiction of the 
     addressee or of an immediate family member or intimate 
     partner of the addressee, using the mail or any facility or 
     means of interstate or foreign commerce.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 5 
     years, or both.

     ``Sec. 2756. Extortion using sexually intimate visual 
       depictions

       ``(a) Definition.--In this section, the term `sexually 
     intimate visual depiction' includes any computer-generated 
     sexually intimate visual depiction of an individual that is 
     indistinguishable from an actual depiction of the individual.
       ``(b) General Prohibition.--
       ``(1) Offense.--It shall be unlawful, using the mail or any 
     facility or means of interstate or foreign commerce, to 
     knowingly extort any money, property, or other thing of value 
     from another person by transmitting a communication 
     containing a threat to publish any sexually intimate visual 
     depiction of--
       ``(A) the addressee; or
       ``(B) an immediate family member or intimate partner of the 
     addressee.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 7 
     years, or both.
       ``(c) Threats.--
       ``(1) Offense.--It shall be unlawful, with the intent to 
     extort any money, property, or other thing of value from any 
     person, to knowingly transmit any communication containing a 
     threat to publish any sexually intimate visual depiction of 
     the addressee or of an immediate family member or intimate 
     partner of the addressee, using the mail or any facility or 
     means of interstate or foreign commerce.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 5 
     years, or both.

     ``Sec. 2757. Offenses involving minors

       ``(a) Offenses Involving Minors Under 18.--If conduct that 
     violates this chapter involves a victim or intended victim 
     who has attained the age of 12 years and has not attained the 
     age of 18 years, or who the defendant believes has attained 
     the age of 12 years and has not attained the age of 18 years, 
     the maximum term of imprisonment authorized for that offense 
     shall be increased by 5 years.
       ``(b) Offenses Involving Minors Under 12.--If conduct that 
     violates this chapter involves a victim or intended victim 
     who has not attained the age of 12 years, or who the 
     defendant believes has not attained the age of 12 years, the 
     maximum term of imprisonment authorized for that offense 
     shall be twice that otherwise provided under this chapter.

     ``Sec. 2758. Offenses resulting in death or serious bodily 
       injury

       ``(a) Offenses Resulting in Death.--A person who commits a 
     violation of this chapter that results in the death of any 
     individual shall be fined under this title, imprisoned for 
     any term of years or for life, or both.
       ``(b) Offenses Resulting in Serious Bodily Injury.--A 
     person who commits a violation of this chapter that results 
     in serious bodily injury to any individual shall be fined 
     under this title, imprisoned for not more than 20 years, or 
     both.

     ``Sec. 2759. Attempt

       ``(a) In General.--An attempt to violate section 
     2752(a)(1), 2753(a)(1), 2754(b)(1), 2755(b)(1), or 2756(b)(1) 
     shall be punishable in the same manner as a completed 
     violation of that section.
       ``(b) Limitation.--For the purposes of sections 2752, 2753, 
     2754, 2755, and 2756, conduct consisting exclusively of a 
     violation of 2752(b)(1), 2753(b)(1), 2754(d)(1), 2755(c)(1), 
     or 2756(c)(1) shall not constitute an attempted violation of 
     section 2752(a)(1), 2753(a)(1), 2754(b)(1), 2755(b)(1), or 
     2756(b)(1), respectively.

     ``Sec. 2760. Repeat offenders

       ``(a) Definitions.--In this section--
       ``(1) the term `prior sex offense conviction' means a 
     conviction for an offense--
       ``(A) under--
       ``(i) chapter 109A, 110, or 117; or
       ``(ii) section 1591, 2752(a), 2753(a), or 2754(b)(1) (if 
     punishable under section 2754(b)(2)(A)); or
       ``(B) under State law or the Uniform Code of Military 
     Justice involving an offense described in subparagraph (A) or 
     would be such an offense if committed under circumstances 
     supporting Federal jurisdiction; and
       ``(2) the term `State' means any State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       ``(b) Maximum Term of Imprisonment.--Except as provided in 
     section 3559(e), the maximum term of imprisonment authorized 
     for a violation of section 2752(a) or 2753(a), or a violation 
     of paragraph (1) of section 2754(a) that is punishable under 
     paragraph (2)(A) of that section, after a prior sex offense 
     conviction shall be twice the term of imprisonment otherwise 
     provided under this chapter.

     ``Sec. 2761. Forfeiture

       ``(a) Criminal Forfeiture.--The court, in imposing sentence 
     on any person convicted of a violation of this chapter, shall 
     order, in addition to any other sentence imposed and 
     irrespective of any provision of State law, that the person 
     forfeit to the United States--
       ``(1) the person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of the violation; and
       ``(2) any property, real or personal, constituting or 
     derived from any proceeds that the person obtained, directly 
     or indirectly, as a result of the violation.
       ``(b) Civil Forfeiture.--
       ``(1) In general.--The following shall be subject to 
     forfeiture to the United States and no property right shall 
     exist in them:
       ``(A) Any property, real or personal, used or intended to 
     be used to commit or to facilitate the commission of any 
     violation of this chapter.
       ``(B) Any property, real or personal, that constitutes or 
     is derived from proceeds traceable to any violation of this 
     chapter.
       ``(C) Any visual depiction that was produced, used, or 
     intended for use in violation of this chapter.
       ``(2) Applicability of chapter 46.--The provisions of 
     chapter 46 relating to civil forfeitures shall apply to any 
     seizure or forfeiture under this subsection.
       ``(c) Transfer of Forfeited Assets.--
       ``(1) In general.--The Attorney General may transfer assets 
     forfeited under this section, or the proceeds derived from 
     the sale thereof, to satisfy a victim restitution order 
     arising from a violation of this chapter.
       ``(2) Use of non-forfeited assets.--A transfer under 
     paragraph (1) shall not reduce or otherwise mitigate the 
     obligation of a person convicted of a violation of this 
     chapter to--
       ``(A) satisfy the full amount of a restitution order 
     through the use of non-forfeited assets; or
       ``(B) reimburse the Attorney General for the value of 
     assets or proceeds transferred under this subsection through 
     the use of non-forfeited assets.

     ``Sec. 2762. Mandatory restitution

       ``(a) In General.--Notwithstanding section 3663 or 3663A, 
     and in addition to any other civil or criminal penalty 
     authorized by law, the court shall order restitution for any 
     offense under this chapter.
       ``(b) Scope and Nature of Order.--
       ``(1) Definition.--In this subsection, the term `full 
     amount of the victim's losses' includes any costs incurred by 
     the victim for--

[[Page S4593]]

       ``(A) medical services relating to physical, psychiatric, 
     or psychological care;
       ``(B) physical and occupational therapy or rehabilitation;
       ``(C) necessary transportation, temporary housing, and 
     child care expenses;
       ``(D) lost income;
       ``(E) attorney's fees, in addition to any costs incurred in 
     obtaining a civil protection order; and
       ``(F) any other losses suffered by the victim as a 
     proximate result of the offense.
       ``(2) Directions.--An order of restitution under this 
     section shall direct the defendant to pay to the victim 
     (through the appropriate court mechanism) the full amount of 
     the victim's losses as determined by the court in accordance 
     with paragraph (3).
       ``(3) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.
       ``(4) Order mandatory.--
       ``(A) In general.--The issuance of a restitution order 
     under this section is mandatory.
       ``(B) Consideration of other circumstances prohibited.--A 
     court may not decline to issue an order under this section 
     because of--
       ``(i) the economic circumstances of the defendant; or
       ``(ii) the fact that a victim has, or is entitled to, 
     receive compensation for his or her injuries from the 
     proceeds of insurance or any other source.
       ``(c) Transfer of Crime Victim's Rights.--In the case of a 
     victim who is a minor, incompetent, incapacitated, or 
     deceased, the legal guardian of the victim or representative 
     of the victim's estate, another family member, or any other 
     person appointed as suitable by the court, may assume the 
     rights of the victim under this chapter, but the defendant 
     may not assume those rights.

     ``Sec. 2763. Civil action

       ``(a) In General.--An individual who is a victim of an 
     offense under this chapter may--
       ``(1) bring a civil action against the person who committed 
     the offense (or any person who knowingly benefits, 
     financially or by receiving anything of value, from 
     participation in a venture that the person knew or should 
     have known has engaged in an act in violation of this 
     chapter) in an appropriate district court of the United 
     States; and
       ``(2) recover damages and any other appropriate relief, 
     including reasonable attorney's fees.
       ``(b) Joint and Several Liability.--A person who is found 
     liable in an action under this section shall be jointly and 
     severally liable with each other person, if any, who is found 
     liable in an action under this section for damages arising 
     from the same violation of this chapter.
       ``(c) Stay Pending Criminal Action.--Any action filed under 
     this section shall be stayed during the pendency of any 
     criminal action arising out of the same occurrence in which 
     the claimant is the victim.
       ``(d) Statute of Limitations.--An action under this section 
     may not be commenced later than 10 years after the later of--
       ``(1) the date on which a legal disability ends; or
       ``(2) the later of--
       ``(A) the date on which the plaintiff discovers the 
     violation that forms the basis for the claim; or
       ``(B) the date on which the plaintiff discovers the injury 
     that forms the basis for the claim.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part I of title 18, United States Code, is 
     amended by adding at the end the following:

``124. Coercion of sexual acts, sexual contact, or sexually intimate 
    visual depictions.......................................2751''.....

       (c) Directive to United States Sentencing Commission.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, and in accordance 
     with this section, the United States Sentencing Commission 
     shall review and amend its guidelines and policy statements 
     applicable to persons convicted of an offense under chapter 
     124 of title 18, United States Code, as added by subsection 
     (a), to ensure that the guidelines and policy statements are 
     consistent with that amendment and reflect the intent of 
     Congress that the guidelines reflect the seriousness and 
     great harm caused by the offenses under that chapter.
       (2) Considerations.--In carrying out paragraph (1), the 
     United States Sentencing Commission shall consider--
       (A) the mandate of the United States Sentencing Commission, 
     pursuant to its authority under section 994(p) of title 28, 
     United States Code--
       (i) to promulgate guidelines that meet the purposes of 
     sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code; and
       (ii) in particular, to--

       (I) ensure that sentencing courts properly consider the 
     seriousness of the offense;
       (II) promote respect for the law;
       (III) provide just punishment for the offense;
       (IV) afford adequate deterrence to criminal conduct; and
       (V) protect the public from further crimes of the 
     defendant; and

       (B) the intent of Congress that the penalties for 
     defendants convicted of an offense under chapter 124 of title 
     18, United States Code, as added by subsection (a), are 
     appropriately severe and account for--
       (i) the nature of the visual depiction, the acts engaged 
     in, and the potential harm resulting from the offense;
       (ii) the number and age of the victims involved; and
       (iii) the degree to which the victims have been harmed.

     SEC. 1712. AMENDMENTS TO EXISTING STATUTORY OFFENSES.

       (a) Section 843(b)(2)(C) of title 10, United States Code 
     (article 43(b)(2)(C) of the Uniform Code of Military 
     Justice), is amended by inserting ``, 2752(a)(1), 2753(a)(1), 
     or 2754(b)(1) (if punishable under section 2754(b)(2)(A))'' 
     after ``section 1591''.
       (b) Section 1001(a) of title 18, United States Code, is 
     amended by inserting ``2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (if punishable under section 2754(b)(2)(A)),'' after 
     ``section 1591,''.
       (c) Section 2251(e) of title 18, United States Code, is 
     amended by inserting ``section 2752(a)(1), section 
     2753(a)(1), section 2754(b)(1) (if punishable under section 
     2754(b)(2)(A)),'' after ``section 1591,''.
       (d) Section 2252(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``section 2752(a)(1), 
     section 2753(a)(1), section 2754(b)(1) (if punishable under 
     section 2754(b)(2)(A)),'' after ``section 1591,''; and
       (2) in paragraph (2), by inserting ``section 2752(a)(1), 
     section 2753(a)(1), section 2754(b)(1) (if punishable under 
     section 2754(b)(2)(A)),'' after ``under this chapter,''.
       (e) Section 2252A of title 18, United States Code, is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``section 2752(a)(1), 
     section 2753(a)(1), section 2754(b)(1) (if punishable under 
     section 2754(b)(2)(A)),'' after ``section 1591,''; and
       (B) in paragraph (2), by inserting ``section 2752(a)(1), 
     section 2753(a)(1), section 2754(b)(1) (if punishable under 
     section 2754(b)(2)(A)),'' after ``under this chapter,''; and
       (2) in subsection (g), by inserting ``section 2752(a)(1) 
     (if the victim is a minor), section 2753(a)(1) (if the victim 
     is a minor), section 2754(b)(1) (if punishable under section 
     2754(b)(2)(A)) and if the victim is a minor),'' after 
     ``section 1591,''.
       (f) Section 2255(a) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' after ``2422,''; and
       (2) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (if punishable under section 2754(b)(2)(A))'' after ``2423''.
       (g) Section 2260A of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' after ``2423,''; and
       (2) by inserting ``2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (if punishable under section 2754(b)(2)(A)),'' after 
     ``2425,''.
       (h) Section 2426(b)(1)(A) of title 18, United States Code, 
     is amended--
       (1) by striking ``or'' after ``chapter 110,''; and
       (2) by inserting ``, section 2752(a)(1), section 
     2753(a)(1), or section 2754(b)(1) (if punishable under 
     section 2754(b)(2)(A))'' after ``section 1591''.
       (i) Section 2516(1)(c) of title 18, United States Code, is 
     amended by inserting ``sections 2752, 2753, 2754, 2755, and 
     2756 (relating to coercion of sexual acts and related 
     crimes),'' after ``2425 (relating to transportation for 
     illegal sexual activity and related crimes),''.
       (j) Section 3014(a) of title 18, United States Code, is 
     amended--
       (1) in paragraph (4), by striking ``or'' at the end;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) section 2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (relating to coercion of sexual acts and related crimes); 
     or''.
       (k) Section 3142 of title 18, United States Code, is 
     amended--
       (1) in subsection (c), in the flush text following 
     subparagraph (B)--
       (A) by striking ``or'' after ``2423,''; and
       (B) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (if punishable under section 2754(b)(2)(A))'' after ``2425''; 
     and
       (2) in subsection (e)(3)(E)--
       (A) by striking ``or'' after ``2423,''; and
       (B) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (if punishable under section 2754(b)(2)(A))'' after ``2425''.
       (l) Section 3156(a)(4)(C) of title 18, United States Code, 
     is amended by inserting ``section 2752(a)(1), 2753(a)(1), or 
     2754(b)(1) (if punishable under section 2754(b)(2)(A)), or'' 
     after ``any felony under''.
       (m) Section 3282(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``, section 2752(a)(1), 
     or section 2754(b)(1) (if punishable under section 
     2754(b)(2)(A))'' after ``chapter 109A''; and
       (2) in paragraph (2), by inserting ``, section 2752(a)(1), 
     or section 2754(b)(1) (if punishable under section 
     2754(b)(2)(A))'' after ``chapter 109A''.
       (n) Section 3299 of title 18, United States Code, is 
     amended--
       (1) by striking ``except for section'' and inserting 
     ``except for sections''; and
       (2) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (if punishable under section 2754(b)(2)(A))'' after ``section 
     1591''.
       (o) Section 3553(b)(2) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (A), in the matter preceding clause 
     (i), by inserting ``2752(a)(1), 2753(a)(1), or 2754(b)(1),'' 
     after ``section 1591,''; and

[[Page S4594]]

       (2) by striking ``In determining'' and inserting the 
     following:
       ``(B) Considerations.--In determining''.
       (p) Section 3559 of title 18, United States Code, is 
     amended--
       (1) in subsection (c)(2)(F)(i), by inserting ``coerced 
     sexual act (as described in sections 2752(a)(1) and 
     2754(b)(2)(A));'' after ``sexual abuse (as described in 
     sections 2241 and 2242);''; and
       (2) in subsection (e)(2)(A)--
       (A) by striking ``or'' after ``2422(b) (relating to 
     coercion and enticement of a minor into prostitution),''; and
       (B) by inserting ``, or 2752(a)(1) or 2754(b)(1) (if 
     punishable under section 2754(b)(2)(A)) (relating to coercion 
     of sexual acts)'' after ``2423(a) (relating to transportation 
     of minors)''.
       (q) Section 3583(k) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' after ``2423,'';
       (2) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (if punishable under section 2754(b)(2)(A))'' after ``2425'';
       (3) by striking ``section 1201 or'' and inserting ``section 
     1201,''; and
       (4) by inserting ``2752(a)(1), 2753(a)(1), or 2754(b)(1) 
     (if punishable under section 2754(b)(2)(A)),'' after 
     ``1591,'' the second place that term appears.
       (r) Section 2(1) of the PROTECT our Children Act of 2008 
     (42 U.S.C. 17601(1)) is amended by striking ``and chapter 
     117'' and inserting ``chapter 117, or chapter 124''.

                  Subtitle B--Interstate Swatting Hoax

     SEC. 1721. FALSE COMMUNICATIONS TO CAUSE AN EMERGENCY 
                   RESPONSE.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. False communications to cause an emergency 
       response

       ``(a) Definitions.--In this section:
       ``(1) Criminal action.--The term `criminal action' includes 
     an investigation and prosecution that is pending, until final 
     adjudication in the trial court.
       ``(2) Emergency response.--The term `emergency response' 
     means any deployment of personnel or equipment, order or 
     advice to evacuate, or issuance of a warning to the public or 
     a threatened person, organization, or establishment, by--
       ``(A) an agency of the United States, a State, or, or a 
     local government, charged with public safety functions, 
     including any agency charged with detecting, preventing, or 
     investigating crimes or with fire or rescue functions; or
       ``(B) a private not-for-profit organization that provides 
     fire or rescue service.
       ``(3) State.--The term `State' means each of the several 
     States, the District of Columbia, each commonwealth, 
     territory, or possession of the United States, and each 
     federally recognized Indian tribe.
       ``(b) Criminal Violation.--
       ``(1) Offense.--It shall be unlawful, in the absence of 
     circumstances reasonably requiring an emergency response, to 
     use the mail or any facility or means of interstate or 
     foreign commerce to knowingly transmit false or misleading 
     information that would reasonably be expected to cause an 
     emergency response.
       ``(2) Penalty.--Any person who violates paragraph (1) 
     shall--
       ``(A) if an emergency response results, be fined under this 
     title, imprisoned for not more than 5 years, or both;
       ``(B) if serious bodily injury (as defined in section 1365) 
     results, be fined under this title, imprisoned for not more 
     than 20 years, or both;
       ``(C) if death results, be fined under this title, 
     imprisoned for any term of years or for life, or both; and
       ``(D) in any other case, be fined under this title, 
     imprisoned for not more than 1 year, or both.
       ``(c) Civil Action.--
       ``(1) In general.--Any person aggrieved by a violation of 
     subsection (b)(1) may--
       ``(A) bring a civil action against the person who committed 
     the violation in an appropriate district court of the United 
     States; and
       ``(B) recover damages and any other appropriate relief, 
     including reasonable attorney's fees.
       ``(2) Joint and several liability.--A person who is found 
     liable under this subsection shall be jointly and severally 
     liable with each other person, if any, who is found liable 
     under this subsection for damages arising from the same 
     violation of this section.
       ``(3) Stay pending criminal action.--Any civil action filed 
     under this subsection shall be stayed during the pendency of 
     any criminal action arising out of the same occurrence in 
     which the claimant is the victim.
       ``(d) Reimbursement.--
       ``(1) In general.--The court, in imposing a sentence on a 
     defendant convicted of an offense under subsection (b), shall 
     order the defendant to reimburse any agency or organization 
     described in subsection (a)(2) that incurs expenses incident 
     to any emergency response necessitated by the offense.
       ``(2) Liability.--A person ordered to make reimbursement 
     under this subsection shall be jointly and severally liable 
     for the expenses with each other person, if any, who is 
     ordered to make reimbursement under this subsection for the 
     same expenses.
       ``(3) Civil judgment.--An order of reimbursement under this 
     subsection shall, for the purposes of enforcement, be treated 
     as a civil judgment.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 47 of title 18, United States Code, is 
     amended by adding at the end the following:

``1041. False communications to cause an emergency response.''.

               Subtitle C--Interstate Doxxing Prevention

     SEC. 1731. DISCLOSURE OF PERSONAL INFORMATION WITH THE INTENT 
                   TO CAUSE HARM.

       (a) In General.--Chapter 41 of title 18, United State Code, 
     is amended by adding at the end the following:

     ``Sec. 881. Publication of personally identifiable 
       information with the intent to cause harm

       ``(a) Definitions.--In this section:
       ``(1) Crime.--The term `crime' means any Federal or State 
     criminal offense.
       ``(2) Criminal action.--The term `criminal action' includes 
     an investigation and prosecution that is pending, until final 
     adjudication in the trial court.
       ``(3) Personally identifiable information.--The term 
     `personally identifiable information' means--
       ``(A) any information that can be used to distinguish or 
     trace the identity of an individual, such as name, prior 
     legal name, alias, mother's maiden name, social security 
     number, date or place of birth, address, phone number, or 
     biometric data;
       ``(B) any information that is linked or linkable to an 
     individual, such as medical, financial, education, consumer, 
     or employment information, data, or records; or
       ``(C) any other sensitive private information that is 
     linked or linkable to an individual, such as gender identity, 
     sexual orientation, or any sexually intimate visual 
     depiction.
       ``(4) Publish.--The term `publish' means to circulate, 
     deliver, distribute, disseminate, transmit, or otherwise make 
     available to another person.
       ``(5) Sexually intimate visual depiction.--The term 
     `sexually intimate visual depiction' means any photograph, 
     film, video, or other recording or live transmission of an 
     individual, whether produced by electronic, mechanical, or 
     other means (including depictions stored on undeveloped film 
     and videotape, data stored on computer disk or by any 
     electronic means that is capable of conversion into a visual 
     image, and data that is capable of conversion into a visual 
     image that has been transmitted by any means, whether or not 
     stored in a permanent format), that depicts--
       ``(A) the naked exhibition of the anus, the post-pubescent 
     female nipple, the genitals, or the pubic area of any 
     individual;
       ``(B) any actual or simulated sexual contact or sexual act 
     (as defined in section 2751);
       ``(C) bestiality; or
       ``(D) sadistic or masochistic conduct.
       ``(b) Criminal Violation.--
       ``(1) Offense.--It shall be unlawful to use the mail or any 
     facility or means of interstate or foreign commerce to 
     knowingly publish the personally identifiable information of 
     an individual--
       ``(A) with the intent to--
       ``(i) threaten, intimidate, or harass any individual;
       ``(ii) incite or facilitate the commission of a crime 
     against any individual; or
       ``(iii) place any individual in reasonable fear of death or 
     serious bodily injury; or
       ``(B) with the intent that the information will be used 
     to--
       ``(i) threaten, intimidate, or harass any individual;
       ``(ii) incite or facilitate the commission of a crime 
     against any individual; or
       ``(iii) place any individual in reasonable fear of death or 
     serious bodily injury.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 5 
     years, or both.
       ``(c) Civil Action.--
       ``(1) In general.--An individual who is a victim of an 
     offense under this section may--
       ``(A) bring a civil action against the person who commits 
     the offense in an appropriate district court of the United 
     States; and
       ``(B) recover damages and any other appropriate relief, 
     including reasonable attorney's fees.
       ``(2) Joint and several liability.--A person who is found 
     liable under this subsection shall be jointly and severally 
     liable with each other person, if any, who is found liable 
     under this subsection for damages arising from the same 
     violation of this section.
       ``(3) Stay pending criminal action.--Any civil action filed 
     under this subsection shall be stayed during the pendency of 
     any criminal action arising out of the same occurrence in 
     which the claimant is the victim.
       ``(d) Attempt.--An attempt to violate subsection (b)(1) 
     shall be punishable in the same manner as a completed 
     violation of that subsection.
       ``(e) Activities of Law Enforcement.--This section shall 
     not be construed to prohibit any lawfully authorized 
     investigative, protective, or intelligence activity of a law 
     enforcement agency of the United States, a State, or a 
     political subdivision of a State, or of an intelligence 
     agency of the United States.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 41 title 18, United States Code, is 
     amended by adding at the end the following:

``881. Publication of personally identifiable information with the 
              intent to cause harm.''.
                                 ______
                                 
  SA 703. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for

[[Page S4595]]

reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE THAT FEDERAL HEALTH PROGRAMS 
                   MUST PROTECT WOMEN'S ACCESS TO HEALTH CARE.

       It is the sense of the Senate that Federal health care 
     programs must protect women's access to quality, affordable 
     health care at the provider of their choice and that Congress 
     should not restrict or prohibit Federal funding to Planned 
     Parenthood health centers or other high quality family 
     planning providers. Further, it is the sense of the Senate 
     that States should not take any action pursuant to any 
     provision of this Act that would allow for discrimination 
     against a provider based on the provision of constitutionally 
     protected reproductive health care.
                                 ______
                                 
  SA 704. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTING INDIVIDUALS FROM LOSING THEIR HEALTH 
                   COVERAGE.

       Nothing in this Act (or an amendment made by this Act) 
     shall be implemented in any manner that could result in the 
     loss of health care coverage for people with Diabetes.
                                 ______
                                 
  SA 705. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTING INDIVIDUALS FROM LOSING THEIR HEALTH 
                   COVERAGE.

       Nothing in this Act (or an amendment made by this Act) 
     shall be implemented in any manner that could result in the 
     loss of health care coverage for pregnant women.
                                 ______
                                 
  SA 706. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTING INDIVIDUALS FROM HIGHER HEALTH INSURANCE 
                   PREMIUMS.

       Nothing in this Act (or the amendments made by this Act) 
     shall take effect if any part of the Act (or amendments) has 
     the effect of increasing health insurance premiums for people 
     with Diabetes.
                                 ______
                                 
  SA 707. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTING INDIVIDUALS FROM HIGHER HEALTH INSURANCE 
                   PREMIUMS.

       Nothing in this Act (or the amendments made by this Act) 
     shall take effect if any part of the Act (or amendments) has 
     the effect of increasing health insurance premiums for 
     pregnant women.
                                 ______
                                 
  SA 708. Mr. COCHRAN (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. ___. EXPANDING THE DUTIES OF THE UNDER SECRETARY OF 
                   DEFENSE FOR RESEARCH AND ENGINEERING.

       Section 133a(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) providing the Secretary with recommendations relating 
     to unfunded requirements on matters, activities, and programs 
     described in paragraph (2), including military construction 
     projects.''.
                                 ______
                                 
  SA 709. Mr. STRANGE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS ON FIRE PROTECTION IN DEPARTMENT 
                   OF DEFENSE FACILITIES.

       (a) Findings.--Congress makes the following findings:
       (1) A 2009 Consumer Product Safety Commission study found a 
     full 370,000 residential fires are suppressed by portable 
     fire extinguishers annually.
       (2) Throughout the United States, of the 48,460 fires in 
     buildings equipped with sprinklers from 2007 to 2011, 40,440, 
     or 83 percent, never grew large enough to activate 
     sprinklers, indicating many fires are successfully suppressed 
     by portable fire extinguishers.
       (3) Section 9-17.1 of the Unified Facilities Criteria 3-
     600-01 changes the Department of Defense building code by 
     stating, ``General purpose portable fire extinguishers are 
     not required when the Facility is provided with complete 
     automatic sprinkler protection and a fire alarm system in 
     accordance with this UFC.''
       (4) This new language is a departure from national model 
     fire codes, and is also a significant change from the last 
     Unified Criteria governing portable extinguishers.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) portable fire extinguishers are essential to the safety 
     of members of the Armed Forces and their families;
       (2) the current United Facilities Criteria provides members 
     of the Armed Forces, their families, and other Department of 
     Defense personnel with less fire protection than that of 
     civilian counterparts by deviating from fire safety codes 
     used across the country and not requiring portable 
     extinguishers on military installations;
       (3) United Facilities Criteria 3-600-01, Section 4-9, dated 
     September 26, 2006, clearly keeps Department of Defense 
     Facilities in line with the national and international 
     standards for fire safety; and
       (4) the Secretary of Defense should amend current United 
     Facilities Criteria Section 9-17.1 to reflect the standards 
     established by United Facilities Criteria 3-600-01, Section 
     4-9, dated September 26, 2006.
                                 ______
                                 
  SA 710. Mr. STRANGE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EVOLVED EXPENDABLE LAUNCH VEHICLE MODERNIZATION AND 
                   SUSTAINMENT OF ASSURED ACCESS TO SPACE.

       (a) Development.--
       (1) Evolved expendable launch vehicle.--Using funds 
     described in paragraph (2), the Secretary of Defense may only 
     obligate or expend funds to carry out the evolved expendable 
     launch vehicle program to--
       (A) develop a domestic rocket propulsion system to replace 
     non-allied space launch engines;
       (B) develop the necessary interfaces to, or integration of, 
     such domestic rocket propulsion system with an existing or 
     new launch vehicle;
       (C) develop capabilities necessary to enable new or 
     existing commercially available space launch vehicles or 
     infrastructure to meet any requirements that are unique to 
     national security space missions to meet the assured access 
     to space requirements pursuant to section 2273 of title 10, 
     United States Code, with respect to only--
       (i) modifications to such vehicles required for national 
     security space missions, including--

       (I) certification and compliance of such vehicles for use 
     in national security space missions;
       (II) fairings necessary for the launch of national security 
     space payloads to orbit; and
       (III) other upgrades to meet performance, reliability, and 
     orbital requirements that cannot otherwise be met through the 
     use of new or existing commercially available launch 
     vehicles; and

       (ii) the development of infrastructure necessary for 
     national security space missions, such as infrastructure for 
     the use of heavy launch vehicles, including--

       (I) facilities and equipment for the vertical integration 
     of payloads;
       (II) secure facilities for the processing of classified 
     payloads; and
       (III) other facilities and equipment, including ground 
     systems and expanded capabilities, unique to national 
     security space launches and the launch of national security 
     payloads;

       (D) conduct activities to modernize and improve existing 
     certified launch vehicles, or existing launch vehicles 
     previously contracted for use by the Air Force, including

[[Page S4596]]

     restarting a dormant supply chain, and infrastructure to 
     increase the cost effectiveness of the launch system;
       (E) certify new, modified, or existing launch vehicle 
     systems; or
       (F) develop, design, and integrate parts for new launch 
     vehicle systems necessary for national security use.
       (2) Funds described.--The funds described in this paragraph 
     are the funds authorized to be appropriated by this Act or 
     otherwise made available for fiscal year 2018 for research, 
     development, test, and evaluation, Air Force, for the evolved 
     expendable launch vehicle program.
       (b) Other Authorities.--Nothing in this section shall 
     affect or prohibit the Secretary from procuring launch 
     services of evolved expendable launch vehicle launch systems, 
     including with respect to any associated operation and 
     maintenance of capabilities and infrastructure relating to 
     such systems.
       (c) Notification.--Not later than 30 days before any date 
     on which the Secretary publishes a draft or final request for 
     proposals, or obligates funds, for the development under 
     subsection (a)(1), the Secretary shall notify the 
     congressional defense committees of such proposed draft or 
     final request for proposals or proposed obligation, as the 
     case may be. If such proposed draft or final request for 
     proposals or proposed obligation relates to intelligence 
     requirements, the Secretary shall also notify the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives and the Select Committee on Intelligence of 
     the Senate.
       (d) Assessment.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Director of Cost Assessment and Program Evaluation, 
     shall 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 containing an assessment of the most 
     cost-effective method to meet the assured access to space 
     requirements pursuant to section 2273 of title 10, United 
     States Code, with respect to each of the following periods:
       (1) The five-year period beginning on the date of the 
     report.
       (2) The 10-year period beginning on the date of the report.
       (3) The period consisting of the full lifecycle of the 
     evolved expendable launch vehicle program.
       (e) Rocket Propulsion System Defined.--In this section, the 
     term ``rocket propulsion system'' means, with respect to the 
     development authorized by subsection (a)(1), a main booster, 
     first-stage rocket engine (including such an engine using 
     kerosene or methane-based or other propellant) or motor. The 
     term does not include a launch vehicle, an upper stage, a 
     strap-on motor, or related infrastructure.
                                 ______
                                 
  SA 711. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       Strike sections 1243 through 1250 and insert the following:

     SEC. 1243. EXTENSION OF UKRAINE SECURITY ASSISTANCE 
                   INITIATIVE.

       (a) Extension.--Subsection (h) of section 1250 of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 129 Stat. 1068), as amended by section 
     1237 of the National Defense Authorization Act for Fiscal 
     Year 2017 (Public Law 114-328; 130 Stat. 2494), is further 
     amended by striking ``December 31, 2018'' and inserting 
     ``December 31, 2020''.
       (b) Funding for Fiscal Year 2018.--Subsection (f) of such 
     section 1250, as added by subsection (a) of such section 
     1237, is further amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B) and by moving such subparagraphs, 
     as so redesignated, two ems to the right;
       (2) by striking ``From amounts'' and inserting the 
     following:
       ``(1) In general.--From amounts'';
       (3) in paragraph (1), as redesignated by paragraph (2), by 
     adding at the end the following new subparagraph:
       ``(C) For fiscal year 2018, $500,000,000.''; and
       (4) by adding at the end the following:
       ``(2) Availability of amounts.--Amounts made available 
     pursuant to paragraph (1) for the purposes of subsection (a) 
     shall remain available until expended.''.
       (c) Availability of Funds.--Subsection (c) of such section 
     1250, as amended by subsection (c) of such section 1237, is 
     further amended--
       (1) in paragraph (1), by inserting after ``pursuant to 
     subsection (f)(2)'' the following: ``, or more than 
     $250,000,000 of the funds available for fiscal year 2018 
     pursuant to subsection (f)(3),'';
       (2) in paragraph (2)--
       (A) in the first sentence--
       (i) by inserting ``with respect to the fiscal year 
     concerned'' after ``is a certification''; and
       (ii) by striking ``and improvement in transparency, 
     accountability, and potential opportunities for privatization 
     in the defense industrial sector'' and inserting 
     ``sustainment, inventory management practices, progress in 
     improving the security of proprietary or sensitive foreign 
     defense technology''; and
       (B) in the second sentence, by inserting after ``additional 
     action is needed'' the following: ``and a description of the 
     methodology used to evaluate whether Ukraine has made 
     progress in defense institutional reforms relative to 
     previously established goals and objectives''; and
       (3) in paragraph (3)--
       (A) by inserting ``or 2018'' after ``in fiscal year 2017''; 
     and
       (B) by striking ``in paragraph (2), such funds may be used 
     in that fiscal year'' and inserting ``in paragraph (2) with 
     respect to such fiscal year, such funds may be used in such 
     fiscal year''.

     SEC. 1244. EXTENSION OF AUTHORITY ON TRAINING FOR EASTERN 
                   EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE 
                   OF MULTILATERAL EXERCISES.

       (a) Extension.--Subsection (h) of section 1251 of the 
     National Defense Authorization Act for Fiscal Year 2016 (10 
     U.S.C. 2282 note) is amended--
       (1) by striking ``September 30, 2018'' and inserting 
     ``December 31, 2020''; and
       (2) by striking ``fiscal years 2016 through 2018'' and 
     inserting ``fiscal year 2016 through calendar year 2020''.
       (b) Technical and Conforming Amendments.--Such section is 
     further amended--
       (1) by striking ``military'' each place it appears and 
     inserting ``security'';
       (2) in subsection (e), by striking ``that'' and inserting 
     ``than''; and
       (3) in subsection (f), by striking ``section 2282'' and 
     inserting ``chapter 16''.

     SEC. 1245. SECURITY ASSISTANCE FOR BALTIC NATIONS FOR JOINT 
                   PROGRAM FOR RESILIENCY AND DETERRENCE AGAINST 
                   AGGRESSION.

       (a) In General.--The Secretary of Defense may, with the 
     concurrence of the Secretary of State, conduct or support a 
     joint program of the Baltic nations to improve their 
     resilience against and build their capacity to deter 
     aggression by the Russian Federation.
       (b) Joint Program.--For purposes of subsection (a), a joint 
     program of the Baltic nations may be either of the following:
       (1) A program jointly agreed by the Baltic nations that 
     builds interoperability among those countries.
       (2) An agreement for the joint procurement by the Baltic 
     nations of defense articles or services using assistance 
     provided pursuant to subsection (a).
       (c) Participation of Other Countries.--Any country other 
     than a Baltic nation may participate in the joint program 
     described in subsection (a), but only using funds of such 
     country.
       (d) Limitation on Amount.--The total amount of assistance 
     provided pursuant to subsection (a) in fiscal year 2018 may 
     not exceed $100,000,000.
       (e) Funding.--Amounts for assistance provided pursuant to 
     subsection (a) shall be derived from amounts authorized to be 
     appropriated by this Act and available for the European 
     Deterrence Initiative (EDI).
       (f) Baltic Nations Defined.--In this section, the term 
     ``Baltic nations'' means the following:
       (1) Estonia.
       (2) Latvia.
       (3) Lithuania.

     SEC. 1246. ANNUAL REPORT ON MILITARY AND SECURITY 
                   DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.

       Section 1245(b) of the Carl Levin and Howard P. ``Buck'' 
     McKeon National Defense Authorization Act for Fiscal Year 
     2015 (Public Law 113-291; 128 Stat. 3566), as most recently 
     amended by section 1235(a) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2490), is further amended--
       (1) by redesignating paragraphs (14) through (20) as 
     paragraphs (15) through (21), respectively; and
       (2) by inserting after paragraph (13) the following new 
     paragraph (14):
       ``(14) An assessment of Russia's hybrid warfare strategy 
     and capabilities, including--
       ``(A) Russia's information warfare strategy and 
     capabilities, including the use of misinformation, 
     disinformation, and propaganda in social and traditional 
     media;
       ``(B) Russia's financing of political parties, think tanks, 
     media organizations, and academic institutions;
       ``(C) Russia's malicious cyber activities;
       ``(D) Russia's use of coercive economic tools, including 
     sanctions, market access, and differential pricing, 
     especially in energy exports; and
       ``(E) Russia's use of criminal networks and corruption to 
     achieve political objectives.''.

     SEC. 1247. ANNUAL REPORT ON ATTEMPTS OF THE RUSSIAN 
                   FEDERATION TO PROVIDE DISINFORMATION AND 
                   PROPAGANDA TO MEMBERS OF THE ARMED FORCES BY 
                   SOCIAL MEDIA.

       (a) Annual Report Required.--Not later than March 31 each 
     year, the Secretary of Defense shall submit to the 
     congressional defense committees a report on attempts by the 
     Russian Federation, or any foreign person acting as an agent 
     of or on behalf of the Russian Federation, during the 
     preceding year to knowingly disseminate Russian Federation-
     supported disinformation or propaganda, through social media 
     applications or related Internet-based means, to members of

[[Page S4597]]

     the Armed Forces with probable intent to cause injury to the 
     United States or advantage the Government of the Russian 
     Federation.
       (b) Form.--Each report under this section shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 1248. SUPPORT OF EUROPEAN DETERRENCE INITIATIVE TO DETER 
                   RUSSIAN AGGRESSION.

       (a) Findings.--Congress makes the following findings:
       (1) Military exercises, such as Exercise Nifty Nugget and 
     Exercise Reforger during the Cold War, have historically made 
     important contributions to testing operational concepts, 
     technologies, and leadership approaches; identifying limiting 
     factors in the execution of operational plans and appropriate 
     corrective action; and bolstering deterrence against 
     adversaries by demonstrating United States military 
     capabilities.
       (2) Military exercises with North Atlantic Treaty 
     Organization (NATO) allies enhance the interoperability and 
     strategic credibility of the alliance.
       (3) The increase in conventional, nuclear, and hybrid 
     threats by the Russian Federation against the security 
     interests of the United States and allies in Europe requires 
     substantial and sustained investment to improve United States 
     combat capability in Europe.
       (4) The decline of a permanent United States military 
     presence in Europe in recent years increases the likelihood 
     the United States will rely on being able to flow forces from 
     the continental United States to the European theater in the 
     event of a major contingency.
       (5) Senior military leaders, including the Commander of 
     United States Transportation Command, have warned that a 
     variety of increasingly advanced capabilities, especially the 
     proliferation of anti-access, area denial (A2/AD) 
     capabilities, have given adversaries of the United States the 
     ability to challenge the freedom of movement of the United 
     States military in all domains from force deployment to 
     employment to disrupt, delay, or deny operations.
       (b) Sense of Congress.--It is the sense of Congress that, 
     to enhance the European Deterrence Initiative and bolster 
     deterrence against Russian aggression, the United States, 
     together with North Atlantic Treaty Organization allies and 
     other European partners, should demonstrate its resolve and 
     ability to meet its commitments under Article V of the North 
     Atlantic Treaty through appropriate military exercises with 
     an emphasis on participation of United States forces based in 
     the continental United States and testing strategic and 
     operational logistics and transportation capabilities.
       (c) Report.--
       (1) In general.--Not later than March 1, 2018, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report setting forth the following:
       (A) An analysis of the challenges to the ability of the 
     United States to flow significant forces from the continental 
     United States to the European theater in the event of a major 
     contingency.
       (B) The plans of the Department of Defense, including the 
     conduct of military exercises, to address such challenges.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 1249. SENSE OF CONGRESS ON THE EUROPEAN DETERRENCE 
                   INITIATIVE.

       It is the sense of Congress that--
       (1) the European Deterrence Initiative will bolster efforts 
     to deter further Russian aggression by providing resources 
     to--
       (A) train and equip the military forces of North Atlantic 
     Treaty Organization (NATO) and non-North Atlantic Treaty 
     Organization partners in order to improve responsiveness, 
     expand expeditionary capability, and strengthen combat 
     effectiveness across the spectrum of security environments;
       (B) enhance the indications and warning, interoperability, 
     and logistics capabilities of Allied and partner military 
     forces to increase their ability to respond to external 
     aggression, defend sovereignty and territorial integrity, and 
     preserve regional stability;
       (C) improve the agility and flexibility of military forces 
     required to address threats across the full spectrum of 
     domains and effectively operate in a wide array of coalition 
     operations across diverse global environments from North 
     Africa and the Middle East to Eastern Europe and the Arctic; 
     and
       (D) mitigate potential gaps forming in the areas of 
     information warfare, Anti-Access Area Denial, and force 
     projection;
       (2) investments that support the security and stability of 
     Europe, and that assist European nations in further 
     developing their security capabilities, are in the long-term 
     vital national security interests of the United States; and
       (3) funds for such efforts should be authorized and 
     appropriated in the base budget of the Department of Defense 
     in order to ensure continued and planned funding to address 
     long-term stability in Europe, reassure the European allies 
     and partners of the United States, and deter further Russian 
     aggression.

     SEC. 1250. ENHANCEMENT OF UKRAINE SECURITY ASSISTANCE 
                   INITIATIVE.

       Section 1250(b) of National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 114-92; 126 Stat. 1068), as 
     amended by section 1237(b) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2495), is further amended by adding at the end the 
     following new paragraphs:
       ``(12) Treatment of wounded Ukraine soldiers in the United 
     States in medical treatment facilities through the 
     Secretarial Designee Program, and transportation, lodging, 
     meals, and other appropriate non-medical support in 
     connection with such treatment (including incidental expenses 
     in connection with such support).
       ``(13) Air defense and coastal defense radars.
       ``(14) Naval mine and counter-mine capabilities.
       ``(15) Littoral-zone and coastal defense vessels.''.
                                 ______
                                 
  SA 712. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. PLAN TO MEET DEMAND FOR CYBERSPACE CAREER FIELDS IN 
                   THE RESERVE COMPONENTS OF THE ARMED FORCES.

       (a) Plan Required.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report setting forth a plan for meeting 
     the increased demand for cyberspace career fields in the 
     reserve components of the Armed Forces.
       (b) Elements.--The plan shall take into account the 
     following:
       (1) The availability of qualified local workforces.
       (2) Potential best practices of private sector companies 
     involved in cyberspace and of educational institutions with 
     established cyberspace-related academic programs.
       (3) The potential for Total Force Integration throughout 
     the defense cyber community.
       (4) Recruitment strategies to attract individuals with 
     critical cyber training and skills to join the reserve 
     components.
       (c) Metrics.--The plan shall include appropriate metrics 
     for use in the evaluation of the implementation of the plan.
                                 ______
                                 
  SA 713. Mr. PORTMAN (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

       Section 1042 is amended to read as follows:

     SEC. 1042. DEPARTMENT OF DEFENSE INTEGRATION OF INFORMATION 
                   OPERATIONS AND CYBER-ENABLED INFORMATION 
                   OPERATIONS.

       (a) Integration of Department of Defense Information 
     Operations and Cyber-enabled Information Operations.--
       (1) Establishment of cross-functional task force.--
       (A) In general.--The Secretary of Defense shall establish a 
     cross-functional task force consistent with section 911(c)(1) 
     of the National Defense Authorization Act for Fiscal Year 
     2017 (Public Law 114-328; 10 U.S.C. 111 note) to integrate 
     across the organizations of the Department of Defense 
     responsible for information operations, military deception, 
     public affairs, electronic warfare, and cyber operations to 
     produce integrated strategy, planning, and budgeting to 
     counter, deter, and conduct strategic information operations 
     and cyber-enabled information operations.
       (B) Duties.--The task force shall carry out the following:
       (i) Development of a strategic framework for the conduct by 
     the Department of Defense of information operations, 
     including cyber-enabled information operations, coordinated 
     across all relevant Department of Defense entities, including 
     both near-term and long-term guidance for the conduct of such 
     coordinated operations.
       (ii) Development and dissemination of a common operating 
     paradigm across the organizations specified in subparagraph 
     (A) of the influence, deception, and propaganda activities of 
     key malign actors, including in cyberspace.
       (iii) Development of guidance for, and promotion of, the 
     liaison capability of the Department to interact with the 
     private sector, including social media, on matters related to 
     the influence activities of malign actors.
       (iv) Serve as the primary Department of Defense liaison 
     with the Global Engagement Center and other relevant Federal 
     entities in carrying out the purpose set forth in section 
     1287(a)(2) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note).
       (2) Head of cross-functional task force.--
       (A) In general.--The Secretary of Defense shall appoint as 
     the head of the task force such individual as the Secretary 
     considers appropriate from among individuals serving

[[Page S4598]]

     in the Department as an Under Secretary of Defense or in such 
     other position within the Department of lesser order of 
     precedence.
       (B) Responsibilities.--The responsibilities of the head of 
     the task force are as follows:
       (i) Oversight of strategic policy and guidance.
       (ii) Overall resource allocation for the integration of 
     information operations and cyber operations of the 
     Department.
       (iii) Ensuring the task force faithfully pursues the 
     purpose set forth in subparagraph (A) of paragraph (1) and 
     carries out its duties as set forth in subparagraph (B) of 
     such paragraph.
       (iv) Carrying out such activities as are required of the 
     head of the task force under subsections (b) and (c).
       (v) Coordination with the head of the Global Engagement 
     Center in support of the execution of the purpose set forth 
     in section 1287(a)(2) of the National Defense Authorization 
     Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 
     note).
       (b) Requirements and Plans for Information Operations.--
       (1) Combatant command planning and regional strategy.--(A) 
     The Secretary shall require each commander of a combatant 
     command to develop, in coordination with the relevant 
     regional Assistant Secretary of State or Assistant 
     Secretaries of State and with the assistance of the 
     Coordinator of the Global Engagement Center and the head of 
     the task force appointed under subsection (a)(2)(A), a 
     regional information strategy and interagency coordination 
     plan for carrying out the strategy, where applicable.
       (B) The Secretary shall require each commander of a 
     combatant command to develop such requirements and specific 
     plans as may be necessary for the conduct of information 
     operations in support of the strategy required in 
     subparagraph (A), including plans for deterring information 
     operations, particularly in the cyber domain, by malign 
     actors against the United States, allies of the United 
     States, and interests of the United States.
       (2) Implementation plan for department of defense strategy 
     for operations in the information environment.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the head of the task force shall--
       (i) review the Department of Defense Strategy for 
     Operations in the Information Environment, dated June 2016; 
     and
       (ii) submit to the congressional defense committees a plan 
     for implementation of such strategy.
       (B) Elements.--The implementation plan shall include, at a 
     minimum, the following:
       (i) An accounting of the efforts undertaken in support of 
     the strategy described in subparagraph (A)(i) since it was 
     issued in June 2016.
       (ii) A description of any updates or changes to such 
     strategy that have been made since it was first issued, as 
     well as any expected updates or changes in light of the 
     establishment of the task force.
       (iii) A description of the role of the Department as part 
     of a broader whole-of-government strategy for strategic 
     communications, including assumptions about the roles and 
     contributions of other Government departments and agencies to 
     such a strategy.
       (iv) Defined actions, performance metrics, and projected 
     timelines to achieve the following specified tasks:

       (I) Train, educate, and prepare commanders and their 
     staffs, and the Joint Force as a whole, to lead, manage, and 
     conduct operations in the information environment.
       (II) Train, educate, and prepare information operations 
     professionals and practitioners to enable effective 
     operations in the information environment.
       (III) Manage information operations professionals, 
     practitioners, and organizations to meet emerging operational 
     needs.
       (IV) Establish a baseline assessment of current ability of 
     the Department to conduct operations in the information 
     environment, including an identification of the types of 
     units and organizations currently responsible for building 
     and employing information-related capabilities and an 
     assignment of appropriate roles and missions for each type of 
     unit or organization.
       (V) Develop the ability of the Department and operating 
     forces to engage, assess, characterize, forecast, and 
     visualize the information environment.
       (VI) Develop and maintain the proper capabilities and 
     capacity to operate effectively in the information 
     environment in coordination with implementation of related 
     cyber and other strategies.
       (VII) Develop and maintain the capability to assess 
     accurately the effect of operations in the information 
     environment.
       (VIII) Adopt, adapt, and develop new science and technology 
     for the Department to operate effectively in the information 
     environment.
       (IX) Develop and adapt information environment-related 
     concepts, policies, and guidance.
       (X) Ensure doctrine relevant to operations in the 
     information environment remains current and responsive based 
     on lessons learned and best practices.
       (XI) Develop, update, and de-conflict authorities and 
     permissions, as appropriate, to enable effective operations 
     in the information environment.
       (XII) Establish and maintain partnerships among Department 
     and interagency partners, including the Global Engagement 
     Center, to enable more effective whole-of-government 
     operations in the information environment.
       (XIII) Establish and maintain appropriate interaction with 
     entities that are not part of the Federal Government, 
     including entities in industry, entities in academia, 
     federally funded research and development centers, and other 
     organizations, to enable operations in the information 
     environment.
       (XIV) Establish and maintain collaboration between and 
     among the Department and international partners, including 
     partner countries and nongovernmental organizations, to 
     enable more effective operations in the information 
     environment.
       (XV) Foster, enhance, and leverage partnership capabilities 
     and capacities.

       (v) An analysis of any personnel, resourcing, capability, 
     authority, or other gaps that will need to be addressed to 
     ensure effective implementation of the strategy described in 
     subparagraph (A)(i) across all relevant elements of the 
     Department.
       (vi) An investment framework and projected timeline for 
     addressing any gaps identified under clause (v).
       (vii) Such other matters as the Secretary of Defense 
     considers relevant.
       (C) Periodic status reports.--Not later than 90 days after 
     the date on which the implementation plan is submitted under 
     subparagraph (A)(ii) and not less frequently than once every 
     90 days thereafter until the date that is three years after 
     the date of such submittal, the head of the task force shall 
     submit to the congressional defense committees a report 
     describing the status of the efforts of the Department to 
     accomplish the tasks specified under clauses (iv) and (vi) of 
     subparagraph (B).
       (c) Training and Education.--Consistent with the elements 
     of the implementation plan required under clauses (i) and 
     (ii) of subsection (b)(2)(B)(4), the head of the task force 
     shall establish programs to provide training and education to 
     such members of the Armed Forces and civilian employees of 
     the Department of Defense as the Secretary considers 
     appropriate to ensure understanding of the role of 
     information in warfare, the central goal of all military 
     operations to affect the perceptions, views, and 
     decisionmaking of adversaries, and the effective management 
     and conduct of operations in the information environment.
       (d) Establishment of Defense Intelligence Officer for 
     Information Operations and Cyber Operations.--The Secretary 
     shall establish a position within the Department of Defense 
     known as the ``Defense Intelligence Officer for Information 
     Operations and Cyber Operations''.
       (e) Definitions.--In this section:
       (1) The term ``head of the task force'' means the head 
     appointed under subsection (a)(2)(A).
       (2) The term ``implementation plan'' means the plan 
     required by subsection (b)(2)(A)(ii).
       (3) The term ``task force'' means the cross-functional task 
     force established under subsection (a)(1)(A).
                                 ______
                                 
  SA 714. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. EXCEPTION FROM PUBLIC DISCLOSURE OF MANIFEST 
                   INFORMATION FOR THE SHIPMENT OF HOUSEHOLD GOODS 
                   OF MEMBERS OF THE UNIFORMED FORCES AND FEDERAL 
                   EMPLOYEES.

       Section 431(c)(2) of the Tariff Act of 1930 (19 U.S.C. 
     1431(c)(2)) is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) the shipment consists of used household goods and 
     personal effects, including personally owned vehicles, which 
     are items that are for residential or professional use, are 
     not for commercial resale, and are owned by a private 
     individual who is--
       ``(i) an employee, as that term is defined in section 2105 
     of title 5, United States Code, who is shipping the goods and 
     effects as part of a transfer of the employee from one 
     official station to another for permanent duty or the spouse 
     or dependent, as that term is defined in section 8901 of such 
     title, of such employee; or
       ``(ii) a member of a uniformed service, as that term is 
     defined in section 101 of title 37, United States Code, who 
     is shipping the goods and effects as part of a permanent 
     change of station or a dependent, as that term is defined in 
     section 401 of such title, of such member.''.
                                 ______
                                 
  SA 715. Mr. MORAN (for himself and Mr. Udall) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, to authorize 
appropriations for fiscal year 2018 for military activities of the 
Department of Defense, for military construction, and

[[Page S4599]]

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

       At the appropriate place, add the following:

     SEC. __. MODERNIZATION OF GOVERNMENT INFORMATION TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Technology 
     Modernization Board established under subsection (c)(3)(A).
       (2) Cloud computing.--The term ``cloud computing'' has the 
     meaning given the term by the National Institute of Standards 
     and Technology in NIST Special Publication 800-145 and any 
     amendatory or superseding document thereto.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Technology Transformation Service of the 
     General Services Administration.
       (4) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (5) Fund.--The term ``Fund'' means the Technology 
     Modernization Fund established under subsection (c)(2)(A).
       (6) Information technology.--The term ``information 
     technology'' has the meaning given the term in section 3502 
     of title 44, United States Code.
       (7) IT working capital fund.--The term ``IT working capital 
     fund'' means an information technology system modernization 
     and working capital fund established under subsection 
     (b)(2)(A).
       (8) Legacy information technology system.--The term 
     ``legacy information technology system'' means an outdated or 
     obsolete system of information technology.
       (b) Establishment of Agency Information Technology Systems 
     Modernization and Working Capital Funds.--
       (1) Definition.--In this subsection, the term ``covered 
     agency'' means each agency listed in section 901(b) of title 
     31, United States Code.
       (2) Information technology system modernization and working 
     capital funds.--
       (A) Establishment.--The head of a covered agency may 
     establish within the covered agency an information technology 
     system modernization and working capital fund for necessary 
     expenses described in subparagraph (C).
       (B) Source of funds.--The following amounts may be 
     deposited into an IT working capital fund:
       (i) Reprogramming and transfer of funds made available in 
     appropriations Acts enacted after the date of enactment of 
     this Act, including the transfer of any funds for the 
     operation and maintenance of legacy information technology 
     systems, in compliance with any applicable statutory transfer 
     authority or reprogramming law or guidelines of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives as in effect on the day before the date of 
     enactment of this Act.
       (ii) Amounts made available to the IT working capital fund 
     through discretionary appropriations made available after the 
     date of enactment of this Act.
       (C) Use of funds.--An IT working capital fund may only be 
     used, subject to the availability of appropriations--
       (i) to improve, retire, or replace existing information 
     technology systems in the covered agency to enhance 
     cybersecurity and to improve efficiency and effectiveness;
       (ii) to transition legacy information technology systems at 
     the covered agency to cloud computing and other innovative 
     platforms and technologies, including those serving more than 
     1 covered agency with common requirements;
       (iii) to assist and support covered agency efforts to 
     provide adequate, risk-based, and cost-effective information 
     technology capabilities that address evolving threats to 
     information security; and
       (iv) to reimburse funds transferred to the covered agency 
     from the Fund with the approval of the Chief Information 
     Officer, in consultation with the Chief Financial Officer, of 
     the covered agency.
       (D) Existing funds.--An IT working capital fund may not be 
     used to supplant funds provided for the operation and 
     maintenance of any system within an appropriation for the 
     covered agency at the time of establishment of the IT working 
     capital fund.
       (E) Prioritization of funds.--
       (i) In general.--The head of each covered agency--

       (I) shall prioritize funds within the IT working capital 
     fund of the covered agency to be used initially for cost 
     savings activities approved by the Chief Information Officer 
     of the covered agency, in consultation with the Administrator 
     of the Office of Electronic Government; and
       (II) may reprogram and transfer any amounts saved as a 
     direct result of the cost savings activities approved under 
     subclause (I) for deposit into the IT working capital fund of 
     the covered agency, consistent with subparagraph (B)(i).

       (ii) Report.--The Chief Information Officer of each covered 
     agency shall document and submit to the Administrator of the 
     Office of Electronic Government a report on any cost savings 
     activities approved under clause (i)(I).
       (F) Availability of funds.--
       (i) In general.--Any funds deposited into an IT working 
     capital fund shall be available for obligation for the 3-year 
     period beginning on the last day of the fiscal year in which 
     the funds were deposited.
       (ii) Transfer of unobligated amounts.--Any amounts in an IT 
     working capital fund that are unobligated at the end of the 
     3-year period described in clause (i) shall be transferred to 
     the general fund of the Treasury.
       (G) Agency cio responsibilities.--In evaluating projects to 
     be funded by the IT working capital fund of a covered agency, 
     the Chief Information Officer of the covered agency shall 
     consider, to the extent applicable, guidance issued under 
     subsection (c)(2)(A) to evaluate applications for funding 
     from the Fund that include factors including a strong 
     business case, technical design, consideration of commercial 
     off-the-shelf products and services, procurement strategy 
     (including adequate use of rapid, iterative software 
     development practices), and program management.
       (H) Reporting requirement.--
       (i) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every 6 months thereafter, the 
     head of each covered agency shall submit to the Director, 
     with respect to the IT working capital fund of the covered 
     agency--

       (I) a list of each information technology investment 
     funded, including the estimated cost and completion date for 
     each investment; and
       (II) a summary by fiscal year of obligations, expenditures, 
     and unused balances.

       (ii) Public availability.--The Director shall make the 
     information submitted under clause (i) publicly available on 
     a website.
       (c) Establishment of Technology Modernization Fund and 
     Board.--
       (1) Definition.--In this subsection, the term ``agency'' 
     has the meaning given the term in section 551 of title 5, 
     United States Code.
       (2) Technology modernization fund.--
       (A) Establishment.--There is established in the Treasury a 
     Technology Modernization Fund for technology-related 
     activities, to improve information technology, to enhance 
     cybersecurity across the Federal Government, and to be 
     administered in accordance with guidance issued by the 
     Director.
       (B) Administration of fund.--The Commissioner, in 
     consultation with the Chief Information Officers Council and 
     with the approval of the Director, shall administer the Fund 
     in accordance with this paragraph.
       (C) Use of funds.--The Commissioner shall, in accordance 
     with recommendations from the Board, use amounts in the 
     Fund--
       (i) to transfer such amounts, to remain available until 
     expended, to the head of an agency to improve, retire, or 
     replace existing Federal information technology systems to 
     enhance cybersecurity and privacy and improve efficiency and 
     effectiveness;
       (ii) for the development, operation, and procurement of 
     information technology products, services, and acquisition 
     vehicles for use by agencies to improve Governmentwide 
     efficiency and cybersecurity in accordance with the 
     requirements of the agencies; and
       (iii) to provide services or work performed in support of--

       (I) the activities described in clause (i) or (ii); and
       (II) the Board and the Director in carrying out the 
     responsibilities described in paragraph (3)(B).

       (D) Authorization of appropriations; credits; availability 
     of funds.--
       (i) Authorization of appropriations.--There is authorized 
     to be appropriated to the Fund $250,000,000 for each of 
     fiscal years 2018 and 2019.
       (ii) Credits.--In addition to any funds otherwise 
     appropriated, the Fund shall be credited with all 
     reimbursements, advances, or refunds or recoveries relating 
     to information technology or services provided through the 
     Fund.
       (iii) Availability of funds.--Amounts deposited, credited, 
     or otherwise made available to the Fund shall be available, 
     as provided in appropriations Acts, until expended for the 
     purposes described in subparagraph (C).
       (E) Reimbursement.--
       (i) Payment by agency.--For a product or service developed 
     under subparagraph (C)(ii), including any services or work 
     performed in support of that development under subparagraph 
     (C)(iii), the head of an agency that uses the product or 
     service shall pay an amount fixed by the Commissioner in 
     accordance with this subparagraph.
       (ii) Reimbursement by agency.--

       (I) In general.--The head of an agency shall reimburse the 
     Fund for any transfer made under subparagraph (C)(i), 
     including any services or work performed in support of the 
     transfer under subparagraph (C)(iii), in accordance with the 
     terms established in a written agreement described in 
     subparagraph (F).
       (II) Reimbursement from subsequent appropriations.--
     Notwithstanding any other provision of law, an agency may 
     make a reimbursement required under subclause (I) from any 
     appropriation made available after the date of enactment of 
     this Act for information technology activities, consistent 
     with any applicable reprogramming law or guidelines of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives as in effect on the day before the date of 
     enactment of this Act.
       (III) Recording of obligation.--Notwithstanding section 
     1501 of title 31, United States Code, an obligation to make a 
     payment under a written agreement described in subparagraph 
     (E) in a fiscal year after the

[[Page S4600]]

     date of enactment of this Act shall be recorded in the fiscal 
     year in which the payment is due.

       (iii) Prices fixed by commissioner.--

       (I) In general.--The Commissioner, in consultation with the 
     Director, shall establish amounts to be paid by an agency 
     under this paragraph and the terms of repayment for a product 
     or service developed under subparagraph (C)(ii), including 
     any services or work performed in support of that development 
     under subparagraph (C)(iii), at levels sufficient to ensure 
     the solvency of the Fund, including operating expenses.
       (II) Review and approval.--Before making any changes to the 
     established amounts and terms of repayment, the Commissioner 
     shall conduct a review and obtain approval from the Director.

       (iv) Failure to make timely reimbursement.--The 
     Commissioner may obtain reimbursement from an agency under 
     this subparagraph by the issuance of transfer and 
     counterwarrants, or other lawful transfer documents, 
     supported by itemized bills, if payment is not made by the 
     agency--

       (I) during the 90-day period beginning after the expiration 
     of a repayment period described in a written agreement 
     described in subparagraph (F); or
       (II) during the 45-day period beginning after the 
     expiration of the time period to make a payment under a 
     payment schedule for a product or service developed under 
     subparagraph (C)(ii).

       (F) Written agreement.--
       (i) In general.--Before the transfer of funds to an agency 
     under subparagraph (C)(i), the Commissioner, in consultation 
     with the Director, and the head of the agency shall enter 
     into a written agreement--

       (I) documenting the purpose for which the funds will be 
     used and the terms of repayment, which may not exceed 5 years 
     unless approved by the Director; and
       (II) which shall be recorded as an obligation as provided 
     in subparagraph (E)(ii).

       (ii) Requirement for use of commercial products and 
     services and rapid, iterative development practices.--

       (I) In general.--For any funds transferred to an agency 
     under subparagraph (C)(i), in the absence of compelling 
     circumstances of the need to develop a custom information 
     technology solution that are documented by the Commissioner 
     in a written agreement under this subparagraph, the funds 
     shall be used for commercial products and services.
       (II) Timeline.--If the Commissioner documents in a written 
     agreement under this subparagraph that there are compelling 
     circumstances of the need to develop a custom information 
     technology solution, the Commissioner shall include in the 
     written agreement a timeline for a rapid, iterative 
     development process.

       (G) Reporting requirements.--
       (i) List of projects.--

       (I) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Director shall maintain a list of 
     each project funded by the Fund, to be updated not less than 
     quarterly, that includes a description of the project, 
     project status (including any schedule delay and cost 
     overruns), and financial expenditure data related to the 
     project.
       (II) Public availability.--The list required under 
     subclause (I) shall be published on a public website in a 
     manner that is, to the greatest extent possible, consistent 
     with applicable law on the protection of classified 
     information, sources, and methods.

       (ii) Comptroller general reports.--Not later than 2 years 
     after the date of enactment of this Act, and every 2 years 
     thereafter, the Comptroller General of the United States 
     shall submit to Congress and make publically available a 
     report assessing--

       (I) the costs associated with establishing the Fund and 
     maintaining the oversight structure associated with the Fund 
     compared with the cost savings associated with the projects 
     funded by the Fund; and
       (II) the reliability of the cost savings estimated by 
     agencies associated with projects funded by the Fund.

       (3) Technology modernization board.--
       (A) Establishment.--There is established a Technology 
     Modernization Board to evaluate proposals submitted by 
     agencies for funding authorized under the Fund.
       (B) Responsibilities.--The responsibilities of the Board 
     are--
       (i) to provide input to the Director for the development of 
     processes for agencies to submit modernization proposals to 
     the Board and to establish the criteria by which those 
     proposals are evaluated, which shall include--

       (I) addressing the greatest security, privacy, and 
     operational risks;
       (II) having the greatest Governmentwide impact; and
       (III) having a high probability of success based on factors 
     including the use of commercial solutions when possible, a 
     strong business case, technical design, procurement strategy 
     (including adequate use of rapid, iterative software 
     development practices), and program management;

       (ii) to make recommendations to the Commissioner to assist 
     agencies in the further development and refinement of select 
     submitted modernization proposals, based on an initial 
     evaluation performed with the assistance of the Commissioner;
       (iii) to review and prioritize, with the assistance of the 
     Commissioner and the Director, modernization proposals based 
     on criteria established pursuant to clause (i);
       (iv) to identify, with the assistance of the Commissioner, 
     opportunities to improve or replace multiple information 
     technology systems with a smaller number of information 
     technology service common to multiple agencies;
       (v) to recommend the funding of modernization projects, in 
     accordance with the uses described in paragraph (2)(C), to 
     the Commissioner;
       (vi) to monitor, in consultation with the Commissioner, 
     progress and performance in executing approved projects and, 
     if necessary, recommend the suspension or termination of 
     funding for projects based on factors including the failure 
     to meet the terms of a written agreement described in 
     paragraph (2)(F); and
       (vii) to monitor the operating costs of the Fund.
       (C) Membership.--The Board shall consist of 7 voting 
     members.
       (D) Chair.--The Chair of the Board shall be the 
     Administrator of the Office of Electronic Government.
       (E) Permanent members.--The permanent members of the Board 
     shall be--
       (i) the Administrator of the Office of Electronic 
     Government; and
       (ii) a senior official from the General Services 
     Administration having technical expertise in information 
     technology development, appointed by the Administrator of 
     General Services, with the approval of the Director.
       (F) Additional members of the board.--
       (i) Appointment.--The other members of the Board shall be--

       (I) 1 employee of the National Protection and Programs 
     Directorate of the Department of Homeland Security, appointed 
     by the Secretary of Homeland Security; and
       (II) 4 employees of the Federal Government primarily having 
     technical expertise in information technology development, 
     financial management, cybersecurity and privacy, and 
     acquisition, appointed by the Director.

       (ii) Term.--Each member of the Board described in clause 
     (i) shall serve a term of 1 year, which shall be renewable 
     not more than 3 times at the discretion of the Secretary of 
     Homeland Security or the Director, as applicable.
       (G) Prohibition on compensation.--Members of the Board may 
     not receive additional pay, allowances, or benefits by reason 
     of their service on the Board.
       (H) Staff.--Upon request of the Chair of the Board, the 
     Director and the Administrator of General Services may 
     detail, on a reimbursable or nonreimbursable basis, any 
     employee of the Federal Government to the Board to assist the 
     Board in carrying out the functions of the Board.
       (4) Responsibilities of commissioner.--
       (A) In general.--In addition to the responsibilities 
     described in paragraph (2), the Commissioner shall support 
     the activities of the Board and provide technical support to, 
     and, with the concurrence of the Director, oversight of, 
     agencies that receive transfers from the Fund.
       (B) Responsibilities.--The responsibilities of the 
     Commissioner are--
       (i) to provide direct technical support in the form of 
     personnel services or otherwise to agencies transferred 
     amounts under paragraph (2)(C)(i) and for products, services, 
     and acquisition vehicles funded under paragraph (2)(C)(ii);
       (ii) to assist the Board with the evaluation, 
     prioritization, and development of agency modernization 
     proposals.
       (iii) to perform regular project oversight and monitoring 
     of approved agency modernization projects, in consultation 
     with the Board and the Director, to increase the likelihood 
     of successful implementation and reduce waste; and
       (iv) to provide the Director with information necessary to 
     meet the requirements of paragraph (2)(G).
       (5) Sunset.--This subsection shall cease to have force or 
     effect on the date that is 2 years after the date on which 
     the Comptroller General of the United States issues the third 
     report required under paragraph (2)(G)(ii).
                                 ______
                                 
  SA 716. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTING ACCESS TO PREVENTIVE SERVICES.

       Any provision of this bill that would eliminate or reduce 
     access to affordable preventive services that are currently 
     offered without copayment or cost-sharing under the Patient 
     Protection and Affordable Care Act, including blood pressure 
     screening, colorectal screening, breast cancer screening, 
     cervical cancer screening and domestic and interpersonal 
     violence screening and counseling, shall be null and void and 
     of no effect.
                                 ______
                                 
  SA 717. Mr. TOOMEY (for himself and Mr. Casey) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, 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; which was 
ordered to lie on the table; as follows:


[[Page S4601]]


  

       At the appropriate place, insert the following:

     SEC. __. ENERGY SECURITY FOR MILITARY INSTALLATIONS IN 
                   EUROPE.

       (a) Findings.--Congress makes the following findings:
       (1) United States military installations in Europe are 
     potentially vulnerable to supply disruptions from foreign 
     governments, especially the Government of the Russian 
     Federation, which could use control of energy supplies in a 
     hostile or weaponized manner.
       (2) The Government of the Russian Federation has previously 
     shown its willingness to aggressively use energy supplies as 
     a weapon to pressure foreign nations, including Ukraine.
       (b) Authority.--The Secretary of Defense shall take 
     appropriate measures, to the extent practicable, to--
       (1) reduce the dependency of all United States military 
     installations in Europe on energy sourced inside Russia; and
       (2) ensure that all United States military installations in 
     Europe are able to sustain operations in the event of a 
     supply disruption
       (c) Certification Requirement.--Not later than December 31, 
     2021, the Secretary of Defense shall certify to the 
     congressional defense committees whether or not every United 
     States military installation in Europe--
       (1) is dependent to the minimum extent practicable on 
     energy sourced inside the Russian Federation; and
       (2) has the ability to sustain operations during an energy 
     supply disruption.
       (d) Briefing Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of Defense shall brief the 
     congressional defense committees on progress in achieving the 
     goals described in subsection (b), including--
       (1) an assessment of the operational risks of energy supply 
     disruptions;
       (2) a description of mitigation measures identified to 
     address such operational risks;
       (3) an assessment of the feasibility, estimated costs, and 
     schedule of diversified energy solutions; and
       (4) an assessment of the minimum practicable usage of 
     energy sourced inside Russia on United States military 
     installations in Europe.
       (e) Interim Report.--Not later than 2 years after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees and make 
     publicly available an interim report on progress in achieving 
     the goals described in subsection (b), including the 
     assessments described in paragraphs (1) through (4) of 
     subsection (d).
       (f) Definition of Energy Sourced Inside Russia.--In this 
     section, the term ``energy sourced inside Russia'' means 
     energy that is produced, owned, or facilitated by companies 
     that are located in the Russian Federation or owned or 
     controlled by the Government of the Russian Federation.
                                 ______
                                 
  SA 718. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON MANAGEMENT OF MILITARY COMMISSARIES AND 
                   EXCHANGES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     regarding management practices of military commissaries and 
     exchanges.
       (b) Elements.--The report required under this section shall 
     include a cost-benefit analysis with the goals of--
       (1) reducing the costs of operating military commissaries 
     and exchanges by $2,000,000,000 during fiscal years 2018 
     through 2022; and
       (2) not raising costs for patrons of military commissaries 
     and exchanges.
                                 ______
                                 
  SA 719. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. ___. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR 
                   VIETNAM SERVICE MEDAL.

       The Secretary of the military department concerned shall, 
     upon the application of an individual who is a veteran who 
     participated in Operation End Sweep, award that individual 
     the Vietnam Service Medal, notwithstanding any otherwise 
     applicable requirements for the award of that medal.
                                 ______
                                 
  SA 720. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the end title XII, add the following:

     Subtitle H--Iraq and Syria Genocide Relief and Accountability

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Iraq and Syria Genocide 
     Emergency Relief and Accountability Act of 2017''.

     SEC. 1292. FINDINGS.

       Congress finds the following:
       (1) On March 17, 2016, Secretary of State John Kerry 
     stated, ``in my judgment, Daesh is responsible for genocide 
     against groups in areas under its control, including Yezidis, 
     Christians, and Shia Muslims . . . the United States will 
     strongly support efforts to collect, document, preserve, and 
     analyze the evidence of atrocities, and we will do all we can 
     to see that the perpetrators are held accountable''.
       (2) Secretary of State Kerry stated in the ``Atrocities 
     Prevention Report'', transmitted to Congress on March 17, 
     2016, ``The Department of State has a longstanding commitment 
     to providing support for the urgent humanitarian needs of 
     conflict-affected populations in Iraq, Syria, and across the 
     world, including but not limited to members of ethnic and 
     religious minorities.''.
       (3) The Independent International Commission of Inquiry on 
     the Syrian Arab Republic stated in its February 3, 2016, 
     report, ``The Government has committed the crimes against 
     humanity of extermination, murder, rape or other forms of 
     sexual violence, torture, imprisonment, enforced 
     disappearance and other inhuman acts. Based on the same 
     conduct, war crimes have also been committed. Both Jabhat Al-
     Nusra and some anti-Government armed groups have committed 
     the war crimes of murder, cruel treatment, and torture.''.
       (4) The International Criminal Investigative Training 
     Assistance Program and the Office of Overseas Prosecutorial 
     Development Assistance and Training of the Department of 
     Justice have provided technical assistance to governmental 
     judicial and law enforcement entities in Iraq, including with 
     funding support from the Department of State.
       (5) There were an estimated 800,000 to 1,400,000 Christians 
     in Iraq in 2002, 500,000 in 2013, and less than 250,000 in 
     2015, according to the annual International Religious Freedom 
     Reports of the Department of State.
       (6) Although Christians were an estimated 8 to 10 percent 
     of the 21,000,000 person population of Syria in 2010, ``media 
     and other reports of Christians fleeing the country as a 
     result of the civil war suggest the Christian population is 
     now considerably lower'' as of 2015, according to the annual 
     International Religious Freedom Reports of the Department of 
     State.
       (7) The Chaldean Catholic Archdiocese of Erbil (Iraq) is an 
     example of an entity that has not received funding from any 
     government and has been providing assistance to internally 
     displaced families of Yezidis, Muslims, and Christians, 
     including food, resettlement from tents to permanent housing, 
     and rent for Yezidis, medical care and education for Yezidis 
     and Muslims through clinics, schools, and a university that 
     are open to all, and some form of these types of assistance 
     to all of the estimated 10,500 internally displaced Christian 
     families, more than 70,000 people, in the greater Erbil 
     region.
       (8) In fiscal year 2015, the United States Government 
     admitted to the United States through the United States 
     Refugee Admissions Program persons from Priority 2 groups of 
     special humanitarian concern, as designated by Congress, 
     including--
       (A) Jews, Evangelical Christians, Ukrainian Catholics, and 
     Ukrainian Orthodox, from the former Soviet Union;
       (B) Iraqis at risk because they were, or are, employed in 
     Iraq by the United States Government, a media or 
     nongovernmental organization headquartered in the United 
     States, or an organization or entity that received funding 
     from the United States Government, or are related to someone 
     who is, or was, so employed;
       (C) religious minorities in Iran; and
       (D) members of other groups designated by the United States 
     Government, including--
       (i) former political prisoners, active members of 
     persecuted religious minorities, human rights activists, and 
     forced labor conscripts in Cuba;
       (ii) minors in Honduras, El Salvador, and Guatemala;
       (iii) ethnic minorities from Burma in Malaysia;
       (iv) Bhutanese in Nepal; and
       (v) Congolese in Rwanda.
       (9) Through the United States Refugee Admissions Program, 
     the United States Government--
       (A) admitted 12,676 Iraqi refugees in fiscal year 2015, 
     including at least 2,113 Christians and 213 Yezidis;
       (B) admitted 9,880 Iraqi refugees in fiscal year 2016, 
     including at least 1,524 Christians and 393 Yezidis;

[[Page S4602]]

       (C) admitted 1,682 Syrian refugees in fiscal year 2015, 
     including at least 30 Christians; and
       (D) admitted 12,587 Syrian refugees in fiscal year 2016, 
     including at least 64 Christians and 24 Yezidis.

     SEC. 1293. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on the Judiciary of the House of 
     Representatives; and
       (F) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Capacity-building.--The term ``capacity-building'', 
     with respect to cases of genocide, crimes against humanity, 
     war crimes, and terrorism in Iraq or Syria, means developing 
     domestic skills to efficiently adjudicate such cases, 
     consistent with due process and respect for the rule of law, 
     through the use of experts in international criminal 
     investigations and experts in international criminal law to 
     partner with, mentor, provide technical advice for, formally 
     train, and provide equipment and infrastructure where 
     necessary and appropriate to, investigators and judicial 
     personnel in Iraq, including the Kurdistan region of Iraq, 
     and domestic investigators and lawyers in Syria.
       (3) Foreign terrorist organization.--The term ``foreign 
     terrorist organization'' mean an organization designated by 
     the Secretary of State as a foreign terrorist organization 
     pursuant to section 219(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1189(a)).
       (4) Humanitarian, stabilization, and recovery needs.--The 
     term ``humanitarian, stabilization, and recovery needs'', 
     with respect to an individual, includes water, sanitation, 
     hygiene, food security, nutrition, shelter, housing, medical, 
     education, and psychosocial needs.
       (5) Hybrid court.--The term ``hybrid court'' means a court 
     with a combination of domestic and international lawyers, 
     judges, and personnel.
       (6) Internationalized domestic court.--The term 
     ``internationalized domestic court'' means a domestic court 
     with the support of international advisers.

     SEC. 1294. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ AND 
                   SYRIA.

       (a) Assistance To Support Certain Entities.--
       (1) In general.--The Secretary of State, acting through the 
     Assistant Secretary for Democracy, Human Rights, and Labor, 
     the Assistant Secretary for International Narcotics and Law 
     Enforcement Affairs, and Administrator of the United States 
     Agency for International Development, shall provide 
     assistance, including financial assistance, to support 
     entities that are taking the actions described in paragraph 
     (2) with respect to individuals who are suspected to have 
     committed genocide, crimes against humanity, or war crimes in 
     Iraq since January 2014 or in Syria since March 2011.
       (2) Actions described.--The actions described in this 
     paragraph are--
       (A) conducting criminal investigations;
       (B) developing investigative and judicial capacities;
       (C) collecting evidence;
       (D) preserving the chain of evidence for prosecution in 
     domestic courts, hybrid courts, and internationalized 
     domestic courts; and
       (E) capacity building.
       (3) Availability of amounts.--Amounts authorized to be 
     appropriated or otherwise made available for programs, 
     projects, and activities carried out by the Assistant 
     Secretary for Democracy, Human Rights, and Labor and the 
     Assistant Secretary for International Narcotics and Law 
     Enforcement Affairs are authorized to be made available to 
     carry out this subsection.
       (b) Actions by Foreign Governments.--The Secretary of 
     State, in consultation with the Attorney General, the 
     Secretary of Homeland Security, and the Director of the 
     Federal Bureau of Investigation, shall encourage governments 
     of foreign countries--
       (1) to include information in appropriate security 
     databases and security screening procedures of such countries 
     to identify individuals who are suspected to have committed 
     genocide, crimes against humanity, or war crimes in Iraq 
     since January 2014 or in Syria since March 2011, including 
     individuals who are suspected to be members of foreign 
     terrorist organizations operating within Iraq or Syria; and
       (2) to prosecute individuals described in paragraph (1) for 
     genocide, crimes against humanity, or war crimes, as 
     appropriate.
       (c) Review of Certain Criminal Statutes.--The Attorney 
     General, in consultation with the Secretary of State, shall 
     conduct a review of existing criminal statutes concerning 
     genocide, crimes against humanity, and war crimes to 
     determine--
       (1) the extent to which United States courts are currently 
     authorized by statute to exercise jurisdiction over such 
     crimes where the direct perpetrators, accomplices, or victims 
     are United States nationals, United States residents, or 
     persons physically present in the territory of the United 
     States either during the commission of the crime or 
     subsequent to the commission of the crime;
       (2) the statutes currently in effect that would apply to 
     conduct constituting war crimes or crimes against humanity, 
     including--
       (A) whether such statutes provide for extraterritorial 
     jurisdiction;
       (B) the statute of limitations for offenses under such 
     statutes;
       (C) the applicable penalties under such statutes; and
       (D) whether offenders would be subject to extradition or 
     mutual legal assistance treaties;
       (3) the extent to which the absence of criminal statutes 
     defining the crimes, or granting jurisdiction, would impede 
     the prosecution of genocide, crimes against humanity, and war 
     crimes in United States courts, including when United States 
     military forces capture persons outside the United States who 
     are known to have committed such crimes in a third country 
     that is either unable or unwilling to prosecute the crimes; 
     and
       (4) whether additional statutory authorities are necessary 
     to prosecute a United States person or a foreign person 
     within the territory of the United States for genocide, 
     crimes against humanity, or war crimes.
       (d) Consultation.--In carrying out subsection (a), the 
     Secretary of State shall consult with, and consider credible 
     information from, entities described in subsection (a)(1).
       (e) Sense of Congress.--It is the sense of Congress that an 
     appropriate amount of the additional amount made available 
     under the heading ``Economic Support Fund'' in title II of 
     division B of the Further Continuing and Security Assistance 
     Appropriations Act, 2017 (Public Law 114-254) should be made 
     available to carry out subsection (a).

     SEC. 1295. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS 
                   HUMANITARIAN, STABILIZATION, AND RECOVERY NEEDS 
                   OF CERTAIN PERSONS IN IRAQ AND SYRIA.

       (a) Identification.--The Secretary of State, in 
     consultation with the Secretary of Defense, the Ambassador at 
     Large for International Religious Freedom, the Special 
     Advisor for Religious Minorities in the Near East and South/
     Central Asia, the Assistant Secretary for Population, 
     Refugees, and Migration, the Administrator of the United 
     States Agency for International Development, and the Director 
     of National Intelligence, shall identify--
       (1) the threats of persecution and other warning signs of 
     genocide, crimes against humanity, and war crimes against 
     individuals--
       (A) who--
       (i) are or were nationals and residents of Iraq or of 
     Syria; and
       (ii) are members of a religious or ethnic group that is a 
     minority religious or ethnic group in Iraq or in Syria 
     against which the Secretary of State has determined the 
     Islamic State of Iraq and Syria (ISIS) has committed 
     genocide, crimes against humanity, or war crimes in Iraq or 
     in Syria since January 2014; or
       (B) who are members of another religious or ethnic group 
     that is a minority religious or ethnic group in Iraq or in 
     Syria that has been identified by the Secretary of State (or 
     the Secretary's designee) as a persecuted group;
       (2) the humanitarian, stabilization, and recovery needs of 
     individuals described in paragraph (1);
       (3) the minority religious and ethnic groups in Iraq and in 
     Syria--
       (A) against which the Secretary of State has determined 
     ISIS has committed genocide, crimes against humanity, or war 
     crimes in Iraq or in Syria since January 2014; or
       (B) that the Secretary of State (or the Secretary's 
     designee) has identified as a persecuted group at risk of 
     forced migration, within or across the borders of Iraq, 
     Syria, or a country of first asylum, and the primary reasons 
     for such risk;
       (4) the assistance provided by the United States to address 
     humanitarian, stabilization, and recovery needs of 
     individuals described in paragraph (1) and groups described 
     in paragraph (3), including assistance to mitigate the risks 
     of forced migration of such persons and groups from Iraq or 
     from Syria;
       (5) the mechanisms used by the United States Government to 
     identify, assess, and respond to humanitarian, stabilization, 
     and recovery needs, and risks of forced migration, of 
     individuals described in paragraph (1) and groups described 
     in paragraph (3);
       (6) the assistance provided by or through the United 
     Nations, including the Funding Facility for Immediate 
     Stabilization and the Funding Facility for Expanded 
     Stabilization, to address humanitarian, stabilization, and 
     recovery needs of individuals described in paragraph (1) and 
     groups described in paragraph (3), including assistance to 
     mitigate the risks of forced migration of such individuals 
     and groups within or across the borders of Iraq, Syria, or a 
     country of first asylum from Iraq or from Syria;
       (7) the entities, including faith-based entities, that are 
     providing assistance to address humanitarian, stabilization, 
     and recovery needs of individuals described in paragraph (1) 
     and groups described in paragraph (3); and
       (8) if the United States Government is funding entities 
     described in paragraph (7) for purposes of providing 
     assistance described in such paragraph, the sources of such 
     funding; and

[[Page S4603]]

       (9) if the United States Government is not funding entities 
     described in paragraph (7) for purposes of providing 
     assistance described in such paragraph, a justification for 
     not funding such entities, including whether funding such 
     entities is prohibited under United States law.
       (b) Additional Consultation.--In carrying out subsection 
     (a), the Secretary of State shall consult with, and consider 
     credible information from, individuals described in 
     subsection (a)(1) and entities described in subsection 
     (a)(7).
       (c) Assistance.--The Secretary of State and Administrator 
     of the United States Agency for International Development 
     shall provide assistance, including cash assistance, to 
     support entities described in subsection (a)(7) that the 
     Secretary and the Administrator determine are effectively 
     providing assistance described in subsection (a)(7), 
     including entities that received funding from the United 
     States Government for such purposes before the date of the 
     enactment of this Act.
       (d) Sense of Congress.--It is the sense of Congress that an 
     appropriate amount of the additional amount made available 
     under the heading ``Economic Support Fund'' in title II of 
     division B of the Further Continuing and Security Assistance 
     Appropriations Act, 2017 (Public Law 114-254) should be made 
     available to carry out subsection (c).

     SEC. 1296. REFUGEE ADMISSIONS OF NATIONALS AND RESIDENTS OF 
                   IRAQ OR OF SYRIA.

       (a) In General.--Aliens who are, or were, a national and a 
     resident of Iraq or of Syria, and who share common 
     characteristics that identify them as targets of persecution 
     on account of membership in a religious or ethnic minority in 
     that country, particularly survivors of genocide, crimes 
     against humanity, or war crimes, or the surviving spouse or 
     child of an individual who was killed by a perpetrator of 
     such a crime--
       (1) are deemed to be of special humanitarian concern to the 
     United States; and
       (2) shall be eligible for Priority 2 processing under the 
     refugee resettlement priority system.
       (b) In-country and Out-of-country Processing.--Aliens 
     described in subsection (a) shall be allowed to apply, and 
     interview, for admission to the United States through refugee 
     processing mechanisms in countries where aliens may apply, 
     and interview, for admission to the United States as 
     refugees.
       (c) Applicability of Other Requirements.--Aliens who 
     qualify under this section for Priority 2 processing under 
     the refugee resettlement priority system may only be admitted 
     to the United States after--
       (1) satisfying the requirements under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157); and
       (2) clearing a background check and appropriate screening, 
     as determined by the Secretary of Homeland Security.
       (d) Waiver of Certain Grounds of Inadmissibility.--The 
     Secretary of State, after consultation with the Attorney 
     General and the Secretary of Homeland Security, or the 
     Secretary of Homeland Security, after consultation with the 
     Secretary of State and the Attorney General, may waive, in 
     such Secretary's sole and unreviewable discretion, the 
     application of paragraph (3)(B) (other than clause (i)(II)) 
     of section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)) with respect to activities undertaken by an 
     alien described in subsection (a) in the course of avoiding 
     or evading persecution by a terrorist organization (as 
     defined in section 212(a)(3)(B)(vi) of such Act (8 U.S.C. 
     1182(a)(3)(B)(vi))).
       (e) Categorical Eligibility.--The Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     1990 (Public Law 101-167) is amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``for each of fiscal 
     years 1990'' and all that follows through ``2017'' and 
     inserting ``each of the fiscal years 1990 through 2018''; and
       (B) in subsection (e), by striking ``2017.'' each place it 
     appears and inserting ``2018.''; and
       (2) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking 
     ``2017,'' and inserting ``2018,''.
       (f) Rule of Construction.--Nothing in this section may be 
     construed to lessen the protections under United States law 
     for bona fide refugees who are not described in this section.

     SEC. 1297. REPORTS.

       (a) Support for the Investigation and Prosecution of War 
     Crimes.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees that 
     includes--
       (1) a detailed description of the efforts taken, and 
     efforts proposed to be taken, by the Secretary of State to 
     implement subsections (a) and (b) of section 1294; and
       (2) an assessment of--
       (A) the feasibility and advisability of prosecuting 
     individuals who are suspected to have committed genocide, 
     crimes against humanity, or war crimes in Iraq since January 
     2014, or in Syria since March 2011, in domestic courts in 
     Iraq, hybrid courts, and internationalized domestic courts; 
     and
       (B) the capacity building, and other measures, needed to 
     ensure effective criminal investigations of such individuals.
       (b) Criminal Statute Review.--Not later than 120 days after 
     the date of the enactment of this Act, the Attorney General 
     shall submit a report to the appropriate congressional 
     committees that includes--
       (1) the results of the review conducted under section 
     1294(c); and
       (2) such recommendations for legislative and administrative 
     actions to implement the results of such review as the 
     Attorney General determines appropriate.
       (c) Assistance for Persecuted Minorities in Iraq or in 
     Syria.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees that 
     includes a detailed description of--
       (1) the efforts taken, and proposed to be taken, by the 
     Secretary of State to implement section 1295;
       (2) the matters identified under section 1295(a); and
       (3) the efforts taken, and proposed to be taken, by the 
     Secretary of State and the Secretary of Homeland Security to 
     implement section 1296.
       (d) Form.--Each report required under this section shall be 
     submitted in unclassified form, but may contain a classified 
     annex, if necessary.
                                 ______
                                 
  SA 721. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 667 proposed by Mr. McConnell to the amendment SA 267 
proposed by Mr. McConnell to the bill H.R. 1628, to provide for 
reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. BASIC HEALTH PROGRAMS.

       Section 1331(e)(1)(B) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18051(e)(1)(B)) is amended by 
     striking ``200'' and inserting ``250''.
                                 ______
                                 
  SA 722. Mr. UDALL (for himself and Mr. Franken) submitted an 
amendment intended to be proposed to amendment SA 267 proposed by Mr. 
McConnell to the bill H.R. 1628, to provide for reconciliation pursuant 
to title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       Strike section 202 and insert the following:

     SEC. 202. SUPPORT FOR STATE AND INDIAN HEALTH PROGRAM 
                   RESPONSE TO SUBSTANCE USE DISORDER PUBLIC 
                   HEALTH CRISIS AND URGENT MENTAL HEALTH NEEDS.

       (a) In General.--There are authorized to be appropriated, 
     and are appropriated, out of monies in the Treasury not 
     otherwise obligated, $1,000,000,000 for each of fiscal years 
     2018 and 2019, to the Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') to award 
     grants to States and Indian health programs to address the 
     substance use disorder public health crisis or to respond to 
     urgent mental health needs within the State or community 
     served by the Indian health program. In awarding grants under 
     this section, the Secretary may give preference to States, 
     and Indian health programs that serve Indian tribes, with a 
     substantial incidence or prevalence of substance use 
     disorders. Funds appropriated under this subsection shall 
     remain available until expended.
       (b) Use of Funds.--Grants awarded to a State or Indian 
     health program under subsection (a) shall be used for one or 
     more of the following public health-related activities:
       (1) Improving State prescription drug monitoring programs.
       (2) Implementing prevention activities, and evaluating such 
     activities to identify effective strategies to prevent 
     substance use disorder.
       (3) Training for health care practitioners, such as best 
     practices for prescribing opioids, pain management, 
     recognizing potential cases of substance use disorder, 
     referral of patients to treatment programs, and overdose 
     prevention.
       (4) Supporting access to health care services provided by 
     Federally certified opioid treatment programs or other 
     appropriate health care providers to treat substance use 
     disorders or mental health needs.
       (5) Other public health-related activities, as the State or 
     Indian health program determines appropriate, related to 
     addressing the substance use disorder public health crisis or 
     responding to urgent mental health needs within the State or 
     community served by the Indian health program.
       (c) Indian Health Programs.--Not less than 10 percent of 
     the amounts appropriated under subsection (a) shall be 
     awarded to Indian health programs.
       (d) Definitions.--In this section, the terms ``Indian 
     health program'' and ``Indian tribe'' have the meanings given 
     the terms in section 4 of the Indian Health Care Improvement 
     Act (25 U.S.C. 1603).
                                 ______
                                 
  SA 723. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:


[[Page S4604]]


  

       On page 190 between lines 22 and 23, insert the following:
       (6) A mechanism (to be know as ``Clean Energy-Ready Vets'') 
     to provide workforce training, in coordination the Secretary 
     of Energy, junior or community colleges (as defined in 
     section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 
     1058(f))) in the vicinity of such location, private industry, 
     and nonprofit organizations, for members of the Armed Forces 
     participating in the pilot program to transition to jobs in 
     the clean energy industry, including in the cyber and grid 
     security, natural gas, solar, wind, geothermal fields. In 
     carrying out the mechanism, the Secretary of Defense shall--
       (A) coordinate with the Secretary of Veterans Affairs to 
     consider opportunities to--
       (i) streamline the approval of appropriate workforce 
     training programs for which members participating in the 
     pilot program and following their transition to civilian life 
     may use veterans educational assistance; and
       (ii) enhance distance learning in connection with such 
     workforce training using such assistance;
       (B) enhance the process, in coordination with power 
     companies, by which members of the Armed Forces participating 
     in the pilot program who serve or have served in system 
     administrator positions, information technology positions, 
     and other relevant cybersecurity duties and positions in the 
     Armed Forces may transition to civilian careers in electric 
     grid security;
       (C) consider opportunities for the use of veterans 
     educational assistance for on-the-job working training 
     activities under the pilot program that are conducted outside 
     the military installation concerned; and
       (D) ensure that members of the Armed Forces are provided 
     information at appropriate times and locations regarding 
     eligibility to participate in similar energy and grid 
     security workforce training programs, including through the 
     Transition Assistance Program (TAP) of the Department of 
     Defense.
                                 ______
                                 
  SA 724. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. CLEAN ENERGY-READY VETS PROGRAM.

       (a) Establishment.--The Secretary of Energy (referred to in 
     this section as the ``Secretary'') shall establish a program, 
     to be known as the ``Clean Energy-Ready Vets Program'', to 
     support and enhance training opportunities for members of the 
     Armed Forces who are transitioning out of service in the 
     Armed Forces for jobs in the energy industry, including jobs 
     relating to--
       (1) electric grid security;
       (2) energy transmission and distribution infrastructure; 
     and
       (3) solar, wind, geothermal, and natural gas energy.
       (b) Use of SkillBridge Program.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary, in partnership with the 
     Secretary of Defense, shall carry out the Clean Energy-Ready 
     Vets Program through the SkillBridge program of the 
     Department of Defense at not fewer than 20 facilities of the 
     Department of Defense, under which the Secretary shall--
       (A) in partnership with junior or community colleges (as 
     defined in section 312(f) of the Higher Education Act of 1965 
     (20 U.S.C. 1058(f))), nonprofit organizations, and the clean 
     energy industry, train members of the Armed Forces who are 
     transitioning out of service in the Armed Forces for jobs 
     described in subsection (a); and
       (B) facilitate partnerships between junior or community 
     colleges (as defined in section 312(f) of the Higher 
     Education Act of 1965 (20 U.S.C. 1058(f))) and potential 
     employers to place members of the Armed Forces described in 
     subparagraph (A) in jobs in the energy industry.
       (2) Modification.--Notwithstanding any other provision of 
     law, the Secretary of Defense shall modify the SkillBridge 
     program to provide that 20 percent of the amount of Federal 
     training assistance available under the SkillBridge program 
     for the Clean Energy-Ready Vets Program at each facility of 
     the Department of Defense may be used for on-the-job training 
     activities conducted outside of a facility of the Department 
     of Defense pursuant to the Clean Energy-Ready Vets Program.
       (c) Administration.--
       (1) Secretary.--In carrying out the Clean Energy-Ready Vets 
     Program, the Secretary shall collaborate with the Secretary 
     of Defense, the Secretary of Labor, and the Secretary of 
     Veterans Affairs to increase opportunities for spouses of 
     veterans to secure jobs in the energy industry.
       (2) Secretary of defense.--The Secretary of Defense shall 
     collaborate with electric utilities to enhance the process by 
     which members of the Armed Forces in system administrator 
     positions, information technology positions, and other 
     relevant cybersecurity duties and positions in the Armed 
     Forces may transition to careers in electric grid security.
       (3) Secretary of labor.--To ensure that unemployed veterans 
     and members of the Armed Forces who are transitioning out of 
     service in the Armed Forces are provided information at 
     appropriate times and locations regarding eligibility to 
     participate in the Clean Energy-Ready Vets Program and other 
     similar energy and grid security workforce training programs, 
     the Secretary of Labor shall collaborate with--
       (A) the Secretary of Defense;
       (B) State workforce agencies; and
       (C) American Job Centers.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the Clean 
     Energy-Ready Vets Program [$______] for [each of/the period 
     of] fiscal years [2018 through ____].
       (e) Exception for Independent Study Programs Relating to 
     Energy and Grid Security From Certain Limitations on Use of 
     Educational Assistance From Department of Veterans Affairs.--
     Section 3680A(a)(4) of title 38, United States Code, is 
     amended by striking ``except'' and all that follows through 
     the period and inserting the following: ``except--
       ``(A) an accredited independent study program (including 
     open circuit television) leading to--
       ``(i) a standard college degree; or
       ``(ii) a certificate that reflects education attainment 
     offered by an institution of higher learning; or
       ``(B) an independent study program in the field of energy 
     or grid security.''.
       (f) Approval for Purposes of Veterans Educational 
     Assistance of Programs of Education Relating to Electric Grid 
     Security, Energy Transmission, and Renewable Energy.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Veterans Affairs--
       (A) shall approve or disapprove under chapter 36 of title 
     38, United States Code, each program of education described 
     in paragraph (2) of an educational institution that seeks 
     approval of such program of education under such chapter; and
       (B) shall not require such educational institution to seek 
     approval of such program of education from a State approving 
     agency under such chapter in order for it to be approved 
     under such chapter.
       (2) Programs of education described.--A program of 
     education described in this paragraph is a program of 
     education relating to the following:
       (A) Electric grid security.
       (B) Energy transmission and distribution infrastructure.
       (C) Solar, wind, geothermal, and natural gas energy.
                                 ______
                                 
  SA 725. Mr. CASSIDY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORT ON CYBER CAPABILITY AND READINESS SHORTFALLS 
                   OF ARMY COMBAT TRAINING CENTERS .

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Army shall 
     submit to Congress a report on the Army Combat Training 
     Centers and the current resident cyber capabilities and 
     training at such centers to examine potential training 
     readiness shortfalls and ensure that pre-rotational cyber 
     training needs are met.
       (b) Consideration of Nearby Assets.--In preparing the 
     report under subsection (a), the Secretary shall take into 
     account nearby Army Combat Training Center cyber assets that 
     could contribute to addressing potential cyber capability and 
     readiness shortfalls.
                                 ______
                                 
  SA 726. Mr. CASSIDY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON MILITARY TEST AND TRAINING EVENTS 
                   CONDUCTED IN THE AREA EAST OF THE MILITARY 
                   MISSION LINE IN THE GULF OF MEXICO.

       (a) In General.--Not later than March 1, 2018, the 
     Secretary of Defense, after consultation with the Secretary 
     of Interior, shall submit to the congressional defense 
     committees and the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report on military test and 
     training events conducted in

[[Page S4605]]

     the area east of the Military Mission Line in the Gulf of 
     Mexico.
       (b) Elements.--The report required under subsection (a) 
     shall address the following matters:
       (1) The frequency and impact of test events, exercises, and 
     military operations conducted annually in the ranges and 
     operating areas east of the Military Mission Line in the Gulf 
     of Mexico from 2006 to the time of the report.
       (2) The frequency and impact of test events, exercises, and 
     military operations conducted annually from 2006 to the time 
     of the report in the ranges and operating in planning areas 
     where active Outer Continental oil and gas leases currently 
     exist.
       (3) Comparable testing and training areas within the United 
     States and its territories that can replicate the 
     capabilities of the ranges and operating areas east of the 
     Military Mission Line in the Gulf of Mexico.
       (4) Comparable testing and training areas outside the 
     United States which are available for United States military 
     testing and training activities that can replicate the 
     capabilities of the ranges and operating areas east of the 
     Military Mission Line in the Gulf of Mexico.
       (5) The extent to which the services will be able to meet 
     training and test requirements necessary to be prepared to 
     support Operational Plans should the moratorium on oil and 
     gas leasing, pre-leasing, or any related activity east of the 
     Military Mission Line in the Gulf of Mexico not be extended.
       (6) The extent to which the services will be able to meet 
     their training and test requirements, with specific 
     stipulations similar to those in the Gulf of Mexico Central 
     Planning Area, while incorporating potential Department of 
     the Interior priorities east of the Military Mission Line in 
     the Gulf of Mexico.
       (c) Measurement of Frequency and Impact.--For purposes of 
     paragraphs (1) and (2) of subsection (b)--
       (1) frequency shall be measured in duration as calendar 
     days when test events, exercises, and military operations 
     occur; and
       (2) impact shall be measured in areas (as defined by 
     longitude and latitude in degrees, minutes, and seconds) 
     where restrictions or stipulations are imposed for test 
     events, exercises, and military operations.
                                 ______
                                 
  SA 727. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SENSE OF THE SENATE REGARDING SUBSTANCE USE 
                   DISORDERS.

       It is the Sense of the Senate that:
       (1) The Committees of jurisdiction of the Senate should 
     review issues related to substance use disorders, 
     particularly related to opioids, including Federal efforts to 
     prevent the development of, improve access to treatment, and 
     promote recovery for people with opioid and other substance 
     use disorders.
       (2) Obamacare should be repealed because it increases 
     health care costs, limits patient choice of health plans and 
     doctors, forces Americans to buy insurance that they do not 
     want, cannot afford, or may not be able to access, increases 
     taxes on middle class families and fails to focus the 
     Medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.) on individuals most in need, such as 
     the elderly and the disabled, as evidenced by the following:
       (A) Premiums for plans offered on the Federal Exchange have 
     doubled on average over the last 4 years, and these increases 
     are projected to continue.
       (B) 70 percent of counties have only a few options for 
     Obamacare insurance in 2017, and at least 40 counties are 
     expected to have zero insurers planning on their Exchange in 
     2018.
       (C) 2,300,000 Americans purchasing plans on the Exchanges 
     are projected to have only one insurer to choose from in 
     2018.
       (D) The Joint Committee on Taxation has identified 
     significant and widespread tax increases on individuals 
     earning less than$200,000.
       (E) Medicaid costs have continued to spiral year after year 
     leading to a detrimental impact on State budgets, which 
     constrains State choices with respect to health care.
       (3) Obamacare should be replaced with patient-centered 
     legislation that--
       (A) provides access to quality, affordable private health 
     care coverage for Americans and their families by increasing 
     competition, State flexibility, and individual choice; and
       (B) strengthens the Medicaid program by focusing on the 
     most needy individuals and empowering States through 
     increased flexibility to best meet the needs of their 
     population.
                                 ______
                                 
  SA 728. Mrs. GILLIBRAND (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. LIMITATION ON MODIFICATION OF STATUS OF TRANSGENDER 
                   MEMBERS OF THE ARMED FORCES.

       (a) Limitation.--No action described in subsection (b) may 
     be taken with respect to transgender members of the Armed 
     Forces until 60 days after the date of the submittal to 
     Congress of a report on the six-month review being conducted 
     by the Secretary of Defense in order to evaluate the impact 
     of accessions of transgender individuals into the Armed 
     Forces on readiness and lethality that will include all 
     relevant considerations.
       (b) Actions.--An action described in this subsection with 
     respect to transgender members of the Armed Forces is any of 
     the following in connection with the nature of such members 
     as transgender individuals:
       (1) A modification of service status in the Armed Forces 
     (other than through the normal expiration of service 
     commitment or pursuant to a sentence of court-martial or 
     administrative board action).
       (2) A modification of current entitlement or eligibility 
     for health care benefits as a member of the Armed Forces, or 
     of the scope or nature of benefits to which entitled or 
     eligible.
       (3) Any change of responsibility or position (other than 
     through promotion or routine reassignment or deployment).
                                 ______
                                 
  SA 729. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXCEPTION FOR CERTAIN SMALL GROUP HEALTH PLANS.

       (a) Internal Revenue Code.--Section 9831(a) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following flush sentence:
     ``A governmental plan shall be deemed to satisfy paragraph 
     (2) if such plan has 2 or more participants who are current 
     employees, and (A) such current employees retired from an 
     employer and were subsequently hired by a different employer, 
     and (B) such plan requires that participants be enrolled in 
     the Medicare program under part A of title XVIII of the 
     Social Security Act.''.
       (b) ERISA.--Section 732(a) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended 
     by adding at the end the following: ``A governmental plan 
     shall be deemed to satisfy this subsection if such plan has 2 
     or more participants who are current employees and (1) such 
     current employees retired from an employer and were 
     subsequently hired by a different employer, and (2) such plan 
     requires that participants be enrolled in the Medicare 
     program under part A of title XVIII of the Social Security 
     Act.''.
       (c) Public Health Service Act.--Section 2722 of the Public 
     Health Service Act (42 U.S.C. 300gg-21) is amended by adding 
     at the end the following:
       ``(e) Exception for Certain Small Group Health Plans.--The 
     requirements of subparts 1 and 2 shall not apply with respect 
     to a group health plan for any plan year if, on the first day 
     of such plan year, such plan has less than 2 participants who 
     are current employees. A non-Federal governmental plan shall 
     be deemed to satisfy this subsection if such plan has 2 or 
     more participants who are current employees and--
       ``(1) such current employees retired from an employer and 
     were subsequently hired by a different employer; and
       ``(2) such plan requires that participants be enrolled in 
     the Medicare program under part A of title XVIII of the 
     Social Security Act.''.
                                 ______
                                 
  SA 730. Mr. NELSON (for himself and Mr. Cotton) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, 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; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON ESTABLISHMENT OF MILITARY DEPARTMENT 
                   OR CORPS SEPARATE FROM OR SUBORDINATE TO THE 
                   CURRENT MILITARY DEPARTMENTS.

       No funds authorized to be appropriated by this Act or 
     otherwise available for fiscal year 2018 for the Department 
     of Defense may be used to establish a military department or 
     corps separate from or subordinate to the current military 
     departments, including a Space Corps in the Department of the 
     Air Force, or a similar such corps in any other military 
     department.
                                 ______
                                 
  SA 731. Mr. NELSON (for himself, Mr. Cornyn, Mr. Warner, Mr. Tillis, 
and Mr. Markey) submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and

[[Page S4606]]

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

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

     SEC. __. APOLLO I LAUNCH TEST ACCIDENT MEMORIAL AT ARLINGTON 
                   NATIONAL CEMETERY, VIRGINIA.

       (a) Findings.--Congress finds the following:
       (1) On January 27, 1967, National Aeronautics and Space 
     Administration (NASA) Astronauts Command Pilot Virgil I. 
     ``Gus'' Grissom, Senior Pilot Edward H. White II, and Pilot 
     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 I. ``Gus'' 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 at the United States 
     Military Academy and was a Lieutenant Colonel in the United 
     States Air Force at the time of the accident, and he is 
     buried at West Point Cemetery.
       (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 Naval Reserve Officer Training Corps midshipman 
     at Illinois Institute of Technology and Purdue University 
     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 the United 
     States recognize heroes who have passed in the service of our 
     Nation, it is fitting on the 50th anniversary of the Apollo I 
     launch test accident that the United States 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.--Subject 
     to applicable requirements of section 2409(b)(2)(E) of title 
     38, United States Code, the Secretary of the Army shall, in 
     consultation with the Administrator of the National 
     Aeronautics and Space Administration, the Commission of Fine 
     Arts, and the Advisory Committee on Arlington National 
     Cemetery, authorize the construction at an appropriate place 
     in Arlington National Cemetery, Virginia, of 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.
                                 ______
                                 
  SA 732. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

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

     SEC. 338. PREVENTING ENCROACHMENT BY ACTIVITIES NOT 
                   COMPATIBLE WITH MILITARY OPERATIONS ON 
                   DEPARTMENT OF DEFENSE TEST AND TRAINING RANGES.

       Section 104(a) of the Gulf of Mexico Energy Security Act of 
     2006 (title I of division C of Public Law 109-432; 43 U.S.C. 
     1331 note) is amended by striking ``June 30, 2022'' and 
     inserting ``June 30, 2027''.
                                 ______
                                 
  SA 733. Mr. STRANGE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, 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; which was ordered to lie on the table; as follows:

       In the funding table in section 4101, in the item relating 
     to Littoral Combat Ship, increase the amount in the Senate 
     Authorized column by $1,200,000,000.

                          ____________________