[Congressional Record Volume 163, Number 149 (Thursday, September 14, 2017)]
[Senate]
[Pages S5749-S5770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1057. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 in section 854, strike paragraph (3) and all that 
     follows through the end of section 855 and insert the 
     following:
       (3) by adding at the end the following new paragraph:
       ``(2) When applying the preference for the acquisition of 
     commercial items and nondevelopmental items under this 
     section, priority shall be provided to small businesses for 
     the acquisition of commercial items or nondevelopmental 
     items.''.

     SEC. 855. INAPPLICABLE LAWS AND REGULATIONS.

       (a) Review of Determinations Not to Exempt Department of 
     Defense Contracts for Commercial Items and Commercially 
     Available Off-the-shelf Items From Certain Laws and 
     Regulations.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall--
       (1) review each determination of the Federal Acquisition 
     Regulatory Council pursuant to section 1906(b)(2), section 
     1906(c)(3), or section 1907(a)(2) of title 41, United States 
     Code, not to exempt contracts and subcontracts described in 
     subsection (a) of section 2375 of title 10, United States 
     Code, from laws such contracts and subcontracts would

[[Page S5750]]

     otherwise be exempt from under section 1906(d) of title 41, 
     United States Code; and
       (2) revise the Department of Defense Supplement to the 
     Federal Acquisition Regulation to provide an exemption from 
     each law subject to such determination unless the Secretary 
     determines there is a specific reason not to provide the 
     exemption.
       (b) Elimination of Certain Contract Clause Requirements 
     Applicable to Commercial Item Contracts.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall revise the Department of Defense 
     Supplement to the Federal Acquisition Regulation to eliminate 
     all regulations promulgated after the date of the enactment 
     of the Federal Acquisition Streamlining Act of 1994 (Public 
     Law 103-355) that require a specific contract clause for a 
     contract using commercial item acquisition procedures under 
     part 12 of the Federal Acquisition Regulation, except for 
     regulations required by law, unless the Secretary determines 
     on a case-by-case basis that there is a specific reason not 
     to eliminate the requirement.
       (c) Elimination of Certain Contract Clause Requirements 
     Applicable to Commercially Available Off-the-shelf Item 
     Subcontracts.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall revise 
     the Department of Defense Supplement to the Federal 
     Acquisition Regulation to eliminate all requirements for a 
     prime contractor to include a specific contract clause in a 
     subcontract for commercially available off-the-shelf items 
     unless the inclusion of such clause is required by law or is 
     necessary for the contractor to meet the requirements of the 
     prime contract, unless the Secretary determines on a case-by-
     case basis that there is a specific reason not to eliminate 
     the requirement.
                                 ______
                                 
  SA 1058. Mr. CORKER submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 342, line 16, insert after ``may'' the following: 
     ``, with the concurrence of the Secretary of State,''.
       On page 342, beginning on line 18, strike ``, with the 
     concurrence of the Secretary of State,''.
       On page 343, line 20, strike ``in consultation with'' and 
     insert ``with the concurrence of''.
       On page 343, line 25, strike ``in consultation with'' and 
     insert ``with the concurrence of''.
       On page 344, beginning on line 1, strike ``the 
     congressional defense committees'' and insert ``the Committee 
     on Armed Services and the Committee on Foreign Relations of 
     the Senate and the Committee on Armed Services and the 
     Committee on Foreign Affairs of the House of 
     Representatives''.
       On page 603, line 21, insert after ``may'' the following: 
     ``, with the concurrence of the Secretary of State,''.
       On page 606, line 21, strike ``the congressional defense 
     committees'' and insert ``the Committee on Armed Services, 
     the Committee on Foreign Relations, and the Committee on 
     Appropriations of the Senate and the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Committee 
     on Appropriations of the House of Representatives''.
       On page 632, line 14, strike ``the congressional defense 
     committees'' and insert ``the Committee on Armed Services, 
     the Committee on Foreign Relations, and the Committee on 
     Appropriations of the Senate and the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Committee 
     on Appropriations of the House of Representatives''.
       On page 643, beginning on line 6, strike ``the Committees 
     on Armed Services of the Senate and the House of 
     Representatives'' and insert ``the Committee on Armed 
     Services and the Committee on Foreign Relations of the Senate 
     and the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives''.
       On page 698, line 20, insert after ``malicious cyber 
     activities'' the following: ``, including those''.
       On page 729, beginning on line 7, strike ``the 
     congressional defense committees'' and insert ``the Committee 
     on Armed Services, the Committee on Foreign Relations, and 
     the Committee on Appropriations of the Senate and the 
     Committee on Armed Services, the Committee on Foreign 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives''.
                                 ______
                                 
  SA 1059. Mr. GRAHAM (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 1003 proposed by Mr. 
McCain (for himself and Mr. Reed) 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. _____. CARRIAGE OF CERTAIN PROGRAMMING.

       (a) Definitions.--In this section--
       (1) the term ``local commercial television station'' has 
     the meaning given the term in section 614(h) of the 
     Communications Act of 1934 (47 U.S.C. 534(h));
       (2) the term ``multichannel video programming distributor'' 
     has the meaning given the term in section 602 of the 
     Communications Act of 1934 (47 U.S.C. 522);
       (3) the term ``qualified noncommercial educational 
     television station'' has the meaning given the term in 
     section 615(l) of the Communications Act of 1934 (47 U.S.C. 
     535(l));
       (4) the term ``retransmission consent'' means the authority 
     granted to a multichannel video programming distributor under 
     section 325(b) of the Communications Act of 1934 (47 U.S.C. 
     325(b)) to retransmit the signal of a television broadcast 
     station; and
       (5) the term ``television broadcast station'' has the 
     meaning given the term in section 76.66(a) of title 47, Code 
     of Federal Regulations.
       (b) Carriage of Certain Content.--Notwithstanding any other 
     provision of law, a multichannel video programming 
     distributor may not be directly or indirectly required, 
     including as a condition of obtaining retransmission consent, 
     to--
       (1) carry the primary or secondary video stream of any 
     local commercial television station, qualified noncommercial 
     educational television station, or television broadcast 
     station if that stream broadcasts video programming that is 
     owned, controlled, or financed (in whole or in part) by the 
     Government of the Russian Federation; or
       (2) lease, or otherwise make available, channel capacity to 
     any person for the provision of video programming that is 
     owned, controlled, or financed (in whole or in part) by the 
     Government of the Russian Federation.
                                 ______
                                 
  SA 1060. Mr. GRAHAM (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 1003 proposed by Mr. 
McCain (for himself and Mr. Reed) 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--Bilateral Access to Foreign Data

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Bilateral Access to 
     Foreign Data Act of 2017''.

     SEC. 1092. CONGRESSIONAL FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Timely access to electronic data held by 
     communications-service providers is an essential component of 
     government efforts to protect public safety and combat 
     serious crime, including terrorism.
       (2) Such efforts by the United States Government are being 
     impeded by the inability to access the content of data stored 
     outside the United States that is in the custody, control, or 
     possession of communications-service providers that are 
     subject to jurisdiction of the United States.
       (3) Foreign governments also increasingly seek access to 
     electronic data held by communications service providers in 
     the United States for the purpose of combating serious crime.
       (4) Communications-service providers face potential 
     conflicting legal obligations when a foreign government 
     orders production of electronic data that United States law 
     may prohibit providers from disclosing.
       (5) Foreign law may create similarly conflicting legal 
     obligations when the United States Government orders 
     production of electronic data that foreign law prohibits 
     communications-service providers from disclosing.
       (6) International agreements provide a mechanism for 
     resolving these potential conflicting legal obligations where 
     the United States and the relevant foreign government share a 
     common commitment to the rule of law and the protection of 
     privacy and civil liberties.
       (b) Purposes.--The purposes of this subtitle are to--
       (1) provide authority to implement international agreements 
     to resolve potential conflicting legal obligations arising 
     from cross-border requests for the production of electronic 
     data where the foreign government targets non-United States 
     persons outside the United States in connection with the 
     prevention, detection, investigation, or prosecution of 
     serious crime; and
       (2) ensure reciprocal benefits to the United States of such 
     international agreements.

     SEC. 1093. AMENDMENTS TO CURRENT COMMUNICATIONS LAWS.

       Title 18, United States Code, is amended--
       (1) in chapter 119--
       (A) in section 2511(2) by adding at the end the following:

[[Page S5751]]

       ``(j) It shall not be unlawful under this chapter for a 
     provider of electronic communication service to the public or 
     remote computing service to intercept or disclose the 
     contents of a wire or electronic communication in response to 
     an order from a foreign government that is subject to an 
     executive agreement that the Attorney General has determined 
     and certified to Congress satisfies section 2523.''; and
       (B) in section 2520(d), by amending paragraph (3) to read 
     as follows:
       ``(3) a good faith determination that section 2511(3), 
     2511(2)(i), or 2511(2)(j) of this title permitted the conduct 
     complained of;'';
       (2) in chapter 121--
       (A) in section 2702--
       (i) in subsection (b)--

       (I) in paragraph (8), by striking the period at the end and 
     inserting ``; or''; and
       (II) by adding at the end the following:

       ``(9) to a foreign government pursuant to an order from a 
     foreign government that is subject to an executive agreement 
     that the Attorney General has determined and certified to 
     Congress satisfies section 2523.''; and
       (ii) in subsection (c)--

       (I) in paragraph (5), by striking ``or'' at the end;
       (II) in paragraph (6), by striking the period at the end 
     and inserting ``; or''; and
       (III) by adding at the end the following:

       ``(7) a foreign government pursuant to an order from a 
     foreign government that is subject to an executive agreement 
     that the Attorney General has determined and certified to 
     Congress satisfies section 2523.''; and
       (B) in section 2707(e), by amending paragraph (3) to read 
     as follows:
       ``(3) a good faith determination that section 2511(3), 
     section 2702(b)(9), or section 2702(c)(7) of this title 
     permitted the conduct complained of;''; and
       (3) in chapter 206--
       (A) in section 3121(a), by inserting before the period at 
     the end the following: ``or an order from a foreign 
     government that is subject to an executive agreement that the 
     Attorney General has determined and certified to Congress 
     satisfies section 2523''; and
       (B) in section 3124--
       (i) by amending subsection (d) to read as follows:
       ``(d) No Cause of Action Against a Provider Disclosing 
     Information Under This Chapter.--No cause of action shall lie 
     in any court against any provider of a wire or electronic 
     communication service, its officers, employees, agents, or 
     other specified persons for providing information, 
     facilities, or assistance in accordance with a court order 
     under this chapter, request pursuant to section 3125 of this 
     title, or an order from a foreign government that is subject 
     to an executive agreement that the Attorney General has 
     determined and certified to Congress satisfies section 
     2523.''; and
       (ii) by amending subsection (e) to read as follows:
       ``(e) Defense.--A good faith reliance on a court order 
     under this chapter, a request pursuant to section 3125 of 
     this title, a legislative authorization, a statutory 
     authorization, or a good faith determination that the conduct 
     complained of was permitted by an order from a foreign 
     government that is subject to executive agreement that the 
     Attorney General has determined and certified to Congress 
     satisfies section 2523, is a complete defense against any 
     civil or criminal action brought under this chapter or any 
     other law.''.

     SEC. 1094. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY FOREIGN 
                   GOVERNMENTS.

       (a) In General.--Chapter 119 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2523. Executive agreements on access to data by 
       foreign governments

       ``(a) Definitions.--In this section--
       ``(1) the term `lawfully admitted for permanent residence' 
     has the meaning given the term in section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)); and
       ``(2) the term `United States person' means a citizen or 
     national of the United States, an alien lawfully admitted for 
     permanent residence, an unincorporated association a 
     substantial number of members of which are citizens of the 
     United States or aliens lawfully admitted for permanent 
     residence, or a corporation that is incorporated in the 
     United States.
       ``(b) Executive Agreement Requirements.--For purposes of 
     this chapter, chapter 121, and chapter 206, an executive 
     agreement governing access by a foreign government to data 
     subject to this chapter, chapter 121, or chapter 206 shall be 
     considered to satisfy the requirements of this section if the 
     Attorney General, with the concurrence of the Secretary of 
     State, determines, and submits a written certification of 
     such determination to Congress, that--
       ``(1) the domestic law of the foreign government, including 
     the implementation of that law, affords robust substantive 
     and procedural protections for privacy and civil liberties in 
     light of the data collection and activities of the foreign 
     government that will be subject to the agreement, if--
       ``(A) such a determination under this section takes into 
     account, as appropriate, credible information and expert 
     input; and
       ``(B) the factors to be considered in making such a 
     determination include whether the foreign government--
       ``(i) has adequate substantive and procedural laws on 
     cybercrime and electronic evidence, as demonstrated by being 
     a party to the Convention on Cybercrime, done at Budapest 
     November 23, 2001, and entered into force January 7, 2004, or 
     through domestic laws that are consistent with definitions 
     and the requirements set forth in chapters I and II of that 
     Convention;
       ``(ii) demonstrates respect for the rule of law and 
     principles of non-discrimination;
       ``(iii) adheres to applicable international human rights 
     obligations and commitments or demonstrates respect for 
     international universal human rights, including--

       ``(I) protection from arbitrary and unlawful interference 
     with privacy;
       ``(II) fair trial rights;
       ``(III) freedom of expression, association, and peaceful 
     assembly;
       ``(IV) prohibitions on arbitrary arrest and detention; and
       ``(V) prohibitions against torture and cruel, inhuman, or 
     degrading treatment or punishment;

       ``(iv) has clear legal mandates and procedures governing 
     those entities of the foreign government that are authorized 
     to seek data under the executive agreement, including 
     procedures through which those authorities collect, retain, 
     use, and share data, and effective oversight of these 
     activities;
       ``(v) has sufficient mechanisms to provide accountability 
     and appropriate transparency regarding the collection and use 
     of electronic data by the foreign government; and
       ``(vi) demonstrates a commitment to promote and protect the 
     global free flow of information and the open, distributed, 
     and interconnected nature of the Internet;
       ``(2) the foreign government has adopted appropriate 
     procedures to minimize the acquisition, retention, and 
     dissemination of information concerning United States persons 
     subject to the agreement; and
       ``(3) the agreement requires that, with respect to any 
     order that is subject to the agreement--
       ``(A) the foreign government may not intentionally target a 
     United States person or a person located in the United 
     States, and shall adopt targeting procedures designed to meet 
     this requirement;
       ``(B) the foreign government may not target a non-United 
     States person located outside the United States if the 
     purpose is to obtain information concerning a United States 
     person or a person located in the United States;
       ``(C) the foreign government may not issue an order at the 
     request of or to obtain information to provide to the United 
     States Government or a third-party government, nor shall the 
     foreign government be required to share any information 
     produced with the United States Government or a third-party 
     government;
       ``(D) an order issued by the foreign government--
       ``(i) shall be for the purpose of obtaining information 
     relating to the prevention, detection, investigation, or 
     prosecution of serious crime, including terrorism;
       ``(ii) shall identify a specific person, account, address, 
     or personal device, or any other specific identifier as the 
     object of the order;
       ``(iii) shall be in compliance with the domestic law of 
     that country, and any obligation for a provider of an 
     electronic communications service or a remote computing 
     service to produce data shall derive solely from that law;
       ``(iv) shall be based on requirements for a reasonable 
     justification based on articulable and credible facts, 
     particularity, legality, and severity regarding the conduct 
     under investigation;
       ``(v) shall be subject to review or oversight by a court, 
     judge, magistrate, or other independent authority; and
       ``(vi) in the case of an order for the interception of wire 
     or electronic communications, and any extensions thereof, 
     shall require that the interception order--

       ``(I) be for a fixed, limited duration; and
       ``(II) may not last longer than is reasonably necessary to 
     accomplish the approved purposes of the order; and
       ``(III) be issued only if the same information could not 
     reasonably be obtained by another less intrusive method;

       ``(E) an order issued by the foreign government may not be 
     used to infringe freedom of speech;
       ``(F) the foreign government shall promptly review material 
     collected pursuant to the agreement and store any unreviewed 
     communications on a secure system accessible only to those 
     persons trained in applicable procedures;
       ``(G) the foreign government shall, using procedures that, 
     to the maximum extent possible, meet the definition of 
     minimization procedures in section 101 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), 
     segregate, seal, or delete, and not disseminate material 
     found not to be information that is, or is necessary to 
     understand or assess the importance of information that is, 
     relevant to the prevention, detection, investigation, or 
     prosecution of serious crime, including terrorism, or 
     necessary to protect against a threat of death or seriously 
     bodily harm to any person;
       ``(H) the foreign government may not disseminate the 
     content of a communication of a United States person to 
     United States authorities unless the communication may be 
     disseminated pursuant to subparagraph (G) and relates to 
     significant harm, or the threat thereof, to the United States 
     or United States persons, including crimes involving national 
     security such as terrorism, significant violent crime, child 
     exploitation,

[[Page S5752]]

     transnational organized crime, or significant financial 
     fraud;
       ``(I) the foreign government shall afford reciprocal rights 
     of data access, to include, where applicable, removing 
     restrictions on communications service providers and thereby 
     allow them to respond when the United States Government 
     orders production of electronic data that foreign law would 
     otherwise prohibit communications-service providers from 
     disclosing;
       ``(J) the foreign government shall agree to periodic review 
     of compliance by the foreign government with the terms of the 
     agreement to be conducted by the United States Government; 
     and
       ``(K) the United States Government shall reserve the right 
     to render the agreement inapplicable as to any order for 
     which the United States Government concludes the agreement 
     may not properly be invoked.
       ``(c) Limitation on Judicial Review.--A determination or 
     certification made by the Attorney General under subsection 
     (b) shall not be subject to judicial or administrative 
     review.
       ``(d) Effective Date of Certification.--
       ``(1) Notice.--Not later than 7 days after the date on 
     which the Attorney General certifies an executive agreement 
     under subsection (b), the Attorney General shall provide 
     notice of the determination under subsection (b) and a copy 
     of the executive agreement to Congress, including--
       ``(A) the Committee on the Judiciary and the Committee on 
     Foreign Relations of the Senate; and
       ``(B) the Committee on the Judiciary and the Committee on 
     Foreign Affairs of the House of Representatives.
       ``(2) Entry into force.--An executive agreement that is 
     determined and certified by the Attorney General to satisfy 
     the requirements of this section shall enter into force not 
     earlier than the date that is 90 days after the date on which 
     notice is provided under paragraph (1), unless Congress 
     enacts a joint resolution of disapproval in accordance with 
     paragraph (4).
       ``(3) Consideration by committees.--
       ``(A) In general.--During the 60-day period beginning on 
     the date on which notice is provided under paragraph (1), 
     each congressional committee described in paragraph (1) may--
       ``(i) hold one or more hearings on the executive agreement; 
     and
       ``(ii) submit to their respective House of Congress a 
     report recommending whether the executive agreement should be 
     approved or disapproved.
       ``(B) Requests for information.--Upon request by the 
     Chairman or Ranking Member of a congressional committee 
     described in paragraph (1), the head of an agency shall 
     promptly furnish a summary of factors considered in 
     determining that the foreign government satisfies the 
     requirements of section 2523.
       ``(4) Congressional review.--
       ``(A) Joint resolution defined.--In this paragraph, the 
     term `joint resolution' means only a joint resolution--
       ``(i) introduced during the 90-day period described in 
     paragraph (2);
       ``(ii) which does not have a preamble;
       ``(iii) the title of which is as follows: `Joint resolution 
     disapproving the executive agreement signed by the United 
     States and __.', the blank space being appropriately filled 
     in; and
       ``(iv) the matter after the resolving clause of which is as 
     follows: `That Congress disapproves the executive agreement 
     governing access by ___ to certain electronic data as 
     submitted by the Attorney General on ___', the blank spaces 
     being appropriately filled in.
       ``(B) Joint resolution enacted.--Notwithstanding any other 
     provision of this section, if not later than 90 days after 
     the date on which notice is provided to Congress under 
     paragraph (1), there is enacted into law a joint resolution 
     disapproving of an executive agreement under this section, 
     the executive agreement shall not enter into force.
       ``(C) Introduction.--During the 90-day period described in 
     subparagraph (B), a joint resolution of disapproval may be 
     introduced--
       ``(i) in the House of Representatives, by the majority 
     leader or the minority leader; and
       ``(ii) in the Senate, by the majority leader (or the 
     majority leader's designee) or the minority leader (or the 
     minority leader's designee).
       ``(5) Floor consideration in house of representatives.--If 
     a committee of the House of Representatives to which a joint 
     resolution of disapproval has been referred has not reported 
     the joint resolution within 60 days after the date of 
     referral, that committee shall be discharged from further 
     consideration of the joint resolution.
       ``(6) Consideration in the senate.--
       ``(A) Committee referral.--A joint resolution of 
     disapproval introduced in the Senate shall be--
       ``(i) referred to the Committee on the Judiciary; and
       ``(ii) referred to the Committee on Foreign Relations.
       ``(B) Reporting and discharge.--If a committee to which a 
     joint resolution of disapproval was referred has not reported 
     the joint resolution within 60 days after the date of 
     referral of the joint resolution, that committee shall be 
     discharged from further consideration of the joint resolution 
     and the joint resolution shall be placed on the appropriate 
     calendar.
       ``(C) Proceeding to consideration.--Notwithstanding rule 
     XXII of the Standing Rules of the Senate, it is in order at 
     any time after either the Committee on the Judiciary or the 
     Committee on Foreign Relations, as the case may be, reports a 
     joint resolution of disapproval to the Senate or has been 
     discharged from consideration of such a joint resolution 
     (even though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     joint resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to a motion 
     to postpone. A motion to reconsider the vote by which the 
     motion is agreed to or disagreed to shall not be in order.
       ``(D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution of disapproval shall be 
     decided without debate.
       ``(E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a joint resolution of 
     disapproval, including all debatable motions and appeals in 
     connection with the joint resolution, shall be limited to 10 
     hours, to be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       ``(7) Rules relating to senate and house of 
     representatives.--
       ``(A) Treatment of senate joint resolution in house.--In 
     the House of Representatives, the following procedures shall 
     apply to a joint resolution of disapproval received from the 
     Senate (unless the House has already passed a joint 
     resolution relating to the same proposed action):
       ``(i) The joint resolution shall be referred to the 
     appropriate committees.
       ``(ii) If a committee to which a joint resolution has been 
     referred has not reported the joint resolution within 7 days 
     after the date of referral, that committee shall be 
     discharged from further consideration of the joint 
     resolution.
       ``(iii) Beginning on the third legislative day after each 
     committee to which a joint resolution has been referred 
     reports the joint resolution to the House or has been 
     discharged from further consideration thereof, it shall be in 
     order to move to proceed to consider the joint resolution in 
     the House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. The motion 
     shall not be debatable. A motion to reconsider the vote by 
     which the motion is disposed of shall not be in order.
       ``(iv) The joint resolution shall be considered as read. 
     All points of order against the joint resolution and against 
     its consideration are waived. The previous question shall be 
     considered as ordered on the joint resolution to final 
     passage without intervening motion except 2 hours of debate 
     equally divided and controlled by the sponsor of the joint 
     resolution (or a designee) and an opponent. A motion to 
     reconsider the vote on passage of the joint resolution shall 
     not be in order.
       ``(B) Treatment of house joint resolution in senate.--
       ``(i) If, before the passage by the Senate of a joint 
     resolution of disapproval, the Senate receives an identical 
     joint resolution from the House of Representatives, the 
     following procedures shall apply:

       ``(I) That joint resolution shall not be referred to a 
     committee.
       ``(II) With respect to that joint resolution--

       ``(aa) the procedure in the Senate shall be the same as if 
     no joint resolution had been received from the House of 
     Representatives; but
       ``(bb) the vote on passage shall be on the joint resolution 
     from the House of Representatives.
       ``(ii) If, following passage of a joint resolution of 
     disapproval in the Senate, the Senate receives an identical 
     joint resolution from the House of Representatives, that 
     joint resolution shall be placed on the appropriate Senate 
     calendar.
       ``(iii) If a joint resolution of disapproval is received 
     from the House, and no companion joint resolution has been 
     introduced in the Senate, the Senate procedures under this 
     subsection shall apply to the House joint resolution.
       ``(C) Application to revenue measures.--The provisions of 
     this paragraph shall not apply in the House of 
     Representatives to a joint resolution of disapproval that is 
     a revenue measure.
       ``(8) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       ``(A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       ``(B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       ``(e) Renewal of Determination.--

[[Page S5753]]

       ``(1) In general.--The Attorney General, with the 
     concurrence of the Secretary of State, shall renew a 
     determination under subsection (b) every 5 years.
       ``(2) Report.--Upon renewing a determination under 
     subsection (b), the Attorney General shall file a report with 
     the Committee on the Judiciary and the Committee on Foreign 
     Relations of the Senate and the Committee on the Judiciary 
     and the Committee on Foreign Affairs of the House of 
     Representatives describing--
       ``(A) the reasons for the renewal;
       ``(B) any substantive changes to the agreement or to the 
     relevant laws or procedures of the foreign government since 
     the original determination or, in the case of a second or 
     subsequent renewal, since the last renewal; and
       ``(C) how the agreement has been implemented and what 
     problems or controversies, if any, have arisen as a result of 
     the agreement or its implementation.
       ``(3) Non-renewal.--If a determination is not renewed under 
     paragraph (1), the agreement shall no longer be considered to 
     satisfy the requirements of this section.
       ``(f) Publication.--Any determination or certification 
     under subsection (b) regarding an executive agreement under 
     this section, including any termination or renewal of such an 
     agreement, shall be published in the Federal Register as soon 
     as is reasonably practicable.
       ``(g) Minimization Procedures.--A United States authority 
     that receives the content of a communication described in 
     subsection (b)(3)(H) from a foreign government in accordance 
     with an executive agreement under this section shall use 
     procedures that, to the maximum extent possible, meet the 
     definition of minimization procedures in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801) to appropriately protect nonpublicly available 
     information concerning United States persons.''.
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 119 of title 18, United States Code, is amended by 
     inserting after the item relating to section 2522 the 
     following:

``2523. Executive agreements on access to data by foreign 
              governments.''.

     SEC. 1095. RULE OF CONSTRUCTION.

       Nothing in this subtitle, or the amendments made by this 
     subtitle, shall be construed to preclude any foreign 
     authority from obtaining assistance in a criminal 
     investigation or prosecution pursuant to section 3512 of 
     title 18, United States Code, section 1782 of title 28, 
     United States Code, or as otherwise provided by law.
                                 ______
                                 
  SA 1061. 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 G of title X, add the following:

     SEC. 1088. SENSE OF CONGRESS REGARDING UNCONDITIONAL REPEAL 
                   OF THE BUDGET CONTROL ACT OF 2011.

       It is the sense of Congress that--
       (1) since the enactment of the Budget Control Act of 2011 
     (Public Law 112-25; 125 Stat. 240) budget requests have been 
     guided by artificial constraints rather than the realities of 
     the global strategic environment;
       (2) sequestration and artificial budget caps on national 
     defense, including nondefense agencies that contribute to the 
     national security, are harmful to the security of the Nation;
       (3) for the Armed Forces specifically, such constraints on 
     the budget, along with a sustained high operational tempo, 
     have led to a significant degradation in military readiness 
     in the near term, and the threat that the United States will 
     fall behind its adversaries in the long-term;
       (4) in order to address the degraded state of the Armed 
     Forces and to stop the erosion of the military advantage of 
     the United States, Congress believes that the budget should 
     be based on requirements, rather than arbitrary budget caps;
       (5) this Act authorizes $659,000,000,000 in discretionary 
     spending for defense within the jurisdiction of the Committee 
     on Armed Services of the Senate, which is spending well above 
     the current caps under the Budget Control Act of 2011; and
       (6) Congress agrees with the statement that included in the 
     report to accompany S. 1519 (115th Congress), dated July 10, 
     2017 (Report 115-125) that ``The committee has ongoing 
     concerns about the negative impact of the Budget Control Act 
     of 2011 (P.L. 112-25) on the Department of Defense and other 
     agencies that contribute to our national security and 
     supports its unconditional repeal.''.
                                 ______
                                 
  SA 1062. Mr. VAN HOLLEN (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 appropriate place, insert the following:

           Subtitle __--Sanctions With Respect to North Korea

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Banking Restrictions 
     Involving North Korea (BRINK) Act of 2017''.

     SEC. __02. FINDINGS.

       Congress finds the following:
       (1) Since 2006, the United Nations Security Council has 
     approved 5 resolutions imposing sanctions against North Korea 
     under chapter VII of the United Nations Charter, which--
       (A) prohibit the use, development, and proliferation of 
     weapons of mass destruction by the Government of North Korea;
       (B) prohibit the transfer of arms and related materiel to 
     or by the Government of North Korea;
       (C) prohibit the transfer of luxury goods to North Korea;
       (D) restrict access by the Government of North Korea to the 
     financial system and require due diligence on the part of 
     financial institutions to prevent the financing of 
     proliferation involving the Government of North Korea;
       (E) restrict North Korean shipping, including the 
     reflagging of ships owned or controlled by the Government of 
     North Korea;
       (F) limit the sale by the Government of North Korea of 
     precious metals, iron, coal, vanadium, and rare earth 
     minerals; and
       (G) prohibit the transfer to North Korea of rocket, 
     aviation, or jet fuel.
       (2) The Government of North Korea has threatened to carry 
     out nuclear attacks against the United States and South Korea 
     and has sent clandestine agents to kidnap or murder the 
     citizens of foreign countries and murder dissidents in exile.
       (3) The Federal Bureau of Investigation has determined that 
     the Government of North Korea was responsible for 
     cyberattacks against the United States and South Korea.
       (4) In February 2016, the Director of National Intelligence 
     reported that the Government of North Korea is ``committed to 
     developing a long-range, nuclear-armed missile that is 
     capable of posing a direct threat to the United States'' and 
     some arms control experts have estimated that the Government 
     of North Korea may acquire this capability by 2020.
       (5) The Government of North Korea tested its 5th and 
     largest nuclear device on September 9, 2016.
       (6) The Government of North Korea has increased the pace of 
     its missile testing, including the test of a submarine-
     launched ballistic missile, potentially furthering the 
     development of capability to attack the United States with a 
     nuclear weapon.
       (7) Financial transactions and investments that provide 
     financial resources to the Government of North Korea, and 
     that fail to incorporate adequate safeguards against the 
     misuse of those financial resources, pose an undue risk of 
     contributing to--
       (A) weapons of mass destruction programs of that 
     Government; and
       (B) prohibited imports or exports of arms and related 
     materiel, services, or technology by that Government.
       (8) The strict enforcement of sanctions is essential to the 
     efforts by the international community to achieve the 
     peaceful, complete, verifiable, and irreversible 
     dismantlement of weapons of mass destruction programs of the 
     Government of North Korea.

     SEC. __03. DEFINITIONS.

       In this subtitle:
       (1) Applicable executive order; applicable united nations 
     security council resolution; government of north korea; north 
     korea.--The terms ``applicable Executive order'', 
     ``applicable United Nations Security Council resolution'', 
     ``Government of North Korea'', and ``North Korea'' have the 
     meanings given those terms in section 3 of the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 
     9202).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (3) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (4) North korean covered property.--
       (A) In general.--The term ``North Korean covered property'' 
     includes any goods, services, or technology--
       (i) that are in North Korea;
       (ii) that are made with significant amounts of North Korean 
     labor, materials, goods, or technology;
       (iii) in which the Government of North Korea or a North 
     Korean financial institution has a significant interest or 
     exercises significant control; or
       (iv) in which a designated person has a significant 
     interest or exercises significant control.
       (B) Designated person.--In this paragraph, the term 
     designated person means a person who is designated under--
       (i) an applicable executive order;
       (ii) an applicable United Nations Security Council 
     resolution; or

[[Page S5754]]

       (iii) section 104 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9204).
       (5) North korean financial institution.--The term ``North 
     Korean financial institution'' includes--
       (A) any North Korean financial institution, as defined in 
     section 3 of the North Korea Sanctions and Policy Enhancement 
     Act of 2016 (22 U.S.C. 9202);
       (B) any financial agency, as defined in section 5312 of 
     title 31, United States Code, that is owned or controlled by 
     the Government of North Korea;
       (C) any money transmitting business, as defined in section 
     5330(d) of title 31, United States Code, that is owned or 
     controlled by the Government of North Korea; and
       (D) any financial institution that is a joint venture 
     between any person and the Government of North Korea.
       (6) Secretary.--Unless otherwise specified, the term 
     ``Secretary'' means the Secretary of the Treasury.
       (7) United states financial institution.--The term ``United 
     States financial institution'' means a financial institution 
     that--
       (A) is a United States person, regardless of where the 
     person operates; or
       (B) operates or does business in the United States, 
     including by conducting wire transfers through correspondent 
     banks in the United States.
       (8) United states person.--The term ``United States 
     person'' means--
       (A) a citizen or resident of the United States or a 
     national of the United States (as defined in section 101(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)); 
     and
       (B) an entity that is organized under the laws of the 
     United States or any jurisdiction within the United States, 
     including a foreign subsidiary of such an entity.

 PART I--FINANCIAL REQUIREMENTS AND SANCTIONS RELATING TO TRANSACTIONS 
                         INVOLVING NORTH KOREA

     SEC. __11. SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS 
                   PROVIDING SUPPORT TO THE GOVERNMENT OF NORTH 
                   KOREA.

       (a) In General.--Section 201A of the North Korea Sanctions 
     and Policy Enhancement Act of 2016 (22 U.S.C. 9221a) is 
     amended to read as follows:

     ``SEC. 201A. SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS 
                   PROVIDING SUPPORT TO THE GOVERNMENT OF NORTH 
                   KOREA.

       ``(a) Report on Noncompliant Financial Institutions.--
       ``(1) In general.--Not later than 60 days after the date of 
     the enactment of the Banking Restrictions Involving North 
     Korea (BRINK) Act of 2017, and every 180 days thereafter, the 
     President shall submit to the appropriate congressional 
     committees and publish in the Federal Register a report that 
     contains a list of any financial institutions that the 
     President has identified as having engaged in, during the 
     one-year period preceding the submission of the report, the 
     following conduct:
       ``(A) Dealing in North Korean covered property.
       ``(B) Providing correspondent or interbank services to one 
     or more North Korean financial institutions.
       ``(C) Failing to apply enhanced due diligence to prevent 
     North Korean financial institutions from gaining access to 
     correspondent or interbank services in the United States or 
     provided by United States persons.
       ``(D) Knowingly operating or participating with or on 
     behalf of an offshore United States dollar clearing system 
     that conducts transactions involving the Government of North 
     Korea or North Korean covered property.
       ``(E) Conducting or facilitating one or more significant 
     transactions in North Korean covered property involving 
     covered goods (as that term is defined in section 1027.100 of 
     title 31, Code of Federal Regulations, or any successor 
     regulation) or the currency of a country other than the 
     country in which the person is operating at the time of the 
     transaction.
       ``(2) Form of report.--Each report required under paragraph 
     (1) shall be submitted in unclassified form but may contain a 
     classified annex.
       ``(b) Imposition of Sanctions and Penalties.--If the 
     President determines that a financial institution identified 
     under subsection (a) has knowingly engaged in conduct 
     described in that subsection, the President shall apply one 
     or more of the following with respect to that financial 
     institution:
       ``(1) Prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of any 
     correspondent account or payable-through account by the 
     financial institution if the financial institution is a 
     foreign financial institution.
       ``(2) In accordance with the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.), block and 
     prohibit all transactions in all property and interests in 
     property of the financial institution 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.
       ``(3) In the case of a United States financial 
     institution--
       ``(A) if the financial institution has taken reasonable 
     steps to prevent a recurrence of conduct described in that 
     subsection and is cooperating fully with the efforts of the 
     President to enforce the provisions of this Act and the 
     Banking Restrictions Involving North Korea (BRINK) Act of 
     2017--
       ``(i) unless the financial institution is described in 
     clause (ii), the imposition of a civil penalty not to exceed 
     $100,000 for each reportable act described in subparagraphs 
     (A) through (E) of subsection (a)(1) that is knowingly 
     conducted; or
       ``(ii) if the financial institution has not previously been 
     reported for similar conduct under subsection (a), the 
     issuance of a cautionary letter to that financial 
     institution; or
       ``(B) if the financial institution is not a financial 
     institution described in subparagraph (A), for each 
     reportable act described in subparagraphs (A) through (E) of 
     subsection (a)(1) that is knowingly conducted, the imposition 
     of a civil penalty not to exceed the greater of--
       ``(i) $250,000; or
       ``(ii) an amount that is twice the amount of the 
     transaction that is the basis of the reportable act with 
     respect to which the penalty is imposed.
       ``(c) Suspension for Law Enforcement Purposes.--The 
     President may suspend the submission of the reports described 
     in subsection (a) and the application of sanctions and 
     penalties described in subsection (b) for a one-year period 
     if--
       ``(1) such reporting and application of sanctions and 
     penalties could compromise an ongoing law enforcement 
     investigation or prosecution; or
       ``(2) a criminal prosecution is pending, or a criminal or 
     civil fine or penalty has been imposed or conditionally 
     deferred, for the conduct reported pursuant to subsection 
     (a).
       ``(d) Suspension and Termination of Sanctions and 
     Penalties.--
       ``(1) Suspension.--The President may suspend the 
     application of any sanctions or penalties under subsection 
     (b) for a period of not more than one year if the President 
     certifies to the appropriate congressional committees that 
     the Government of North Korea is taking steps toward--
       ``(A) the verification of its compliance with applicable 
     United Nations Security Council Resolutions; and
       ``(B) fully accounting for and repatriating United States 
     citizens and permanent residents (including deceased United 
     States citizens and permanent residents)--
       ``(i) abducted or unlawfully held captive by the Government 
     of North Korea; or
       ``(ii) detained in violation of the Agreement Concerning a 
     Military Armistice in Korea, signed at Panmunjom July 27, 
     1953 (commonly referred to as the `Korean War Armistice 
     Agreement').
       ``(2) Renewal of suspension.--The President may renew a 
     suspension described in paragraph (1) for additional periods 
     of not more than 180 days if the President certifies to the 
     appropriate congressional committees that the Government of 
     North Korea continues to take steps as described in paragraph 
     (1).
       ``(3) Termination of sanctions.--Subject to subsection (f), 
     the President may terminate the application of any sanctions 
     or penalties under subsection (b) if the President certifies 
     that the Government of North Korea has made significant 
     progress towards--
       ``(A) completely, verifiably, and irreversibly dismantling 
     all of its nuclear, chemical, biological, and radiological 
     weapons programs, including all programs for the development 
     of systems designed in whole or in part for the delivery of 
     such weapons; and
       ``(B) fully accounting for and repatriating United States 
     citizens and permanent residents (including deceased United 
     States citizens and permanent residents)--
       ``(i) abducted or unlawfully held captive by the Government 
     of North Korea; or
       ``(ii) detained in violation of the Agreement Concerning a 
     Military Armistice in Korea, signed at Panmunjom July 27, 
     1953 (commonly referred to as the `Korean War Armistice 
     Agreement').
       ``(e) Waiver.--Subject to subsection (f), the President may 
     waive the application of sanctions or penalties under 
     subsection (b) with respect to a financial institution if the 
     President determines that the waiver is in the national 
     security interest of the United States.
       ``(f) Congressional Review of Proposed Actions to Waive or 
     Terminate Sanctions.--
       ``(1) Submission to congress of proposed action.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, before taking any action described in subparagraph (B), 
     the President shall submit to the appropriate congressional 
     committees and leadership a report that describes the 
     proposed action and the reasons for that action.
       ``(B) Actions described.--An action described in this 
     subparagraph is--
       ``(i) an action to suspend, renew a suspension, or 
     terminate under subsection (d) the application of sanctions 
     or penalties under subsection (b); or
       ``(ii) with respect to sanctions or penalties under 
     subsection (b) imposed by the President with respect to a 
     person, an action to waive under subsection (e) the 
     application of those sanctions or penalties with respect to 
     that person.
       ``(C) Description of type of action.--Each report submitted 
     under subparagraph (A) with respect to an action described in 
     subparagraph (B) shall include a description of whether the 
     action--
       ``(i) is not intended to significantly alter United States 
     foreign policy with regard to North Korea; or

[[Page S5755]]

       ``(ii) is intended to significantly alter United States 
     foreign policy with regard to North Korea.
       ``(D) Inclusion of additional matter.--
       ``(i) In general.--Each report submitted under subparagraph 
     (A) that relates to an action that is intended to 
     significantly alter United States foreign policy with regard 
     to North Korea shall include a description of--

       ``(I) the significant alteration to United States foreign 
     policy with regard to North Korea;
       ``(II) the anticipated effect of the action on the national 
     security interests of the United States; and
       ``(III) the policy objectives for which the sanctions 
     affected by the action were initially imposed.

       ``(ii) Requests from banking and financial services 
     committees.--The Committee on Banking, Housing, and Urban 
     Affairs of the Senate or the Committee on Financial Services 
     of the House of Representatives may request the submission to 
     the Committee of the matter described in subclauses (II) and 
     (III) of clause (i) with respect to a report submitted under 
     subparagraph (A) that relates to an action that is not 
     intended to significantly alter United States foreign policy 
     with regard to North Korea.
       ``(2) Period for review by congress.--
       ``(A) In general.--During the period of 30 calendar days 
     beginning on the date on which the President submits a report 
     under paragraph (1)(A)--
       ``(i) in the case of a report that relates to an action 
     that is not intended to significantly alter United States 
     foreign policy with regard to North Korea, the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives should, as appropriate, hold hearings and 
     briefings and otherwise obtain information in order to fully 
     review the report; and
       ``(ii) in the case of a report that relates to an action 
     that is intended to significantly alter United States foreign 
     policy with regard to North Korea, the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives should, as appropriate, hold 
     hearings and briefings and otherwise obtain information in 
     order to fully review the report.
       ``(B) Exception.--The period for congressional review under 
     subparagraph (A) of a report required to be submitted under 
     paragraph (1)(A) shall be 60 calendar days if the report is 
     submitted on or after July 10 and on or before September 7 in 
     any calendar year.
       ``(C) Limitation on actions during initial congressional 
     review period.--Notwithstanding any other provision of law, 
     during the period for congressional review provided for under 
     subparagraph (A) of a report submitted under paragraph (1)(A) 
     proposing an action described in paragraph (1)(B), including 
     any additional period for such review as applicable under the 
     exception provided in subparagraph (B), the President may not 
     take that action unless a joint resolution of approval with 
     respect to that action is enacted in accordance with 
     paragraph (3).
       ``(D) Limitation on actions during presidential 
     consideration of a joint resolution of disapproval.--
     Notwithstanding any other provision of law, if a joint 
     resolution of disapproval relating to a report submitted 
     under paragraph (1)(A) proposing an action described in 
     paragraph (1)(B) passes both Houses of Congress in accordance 
     with paragraph (3), the President may not take that action 
     for a period of 12 calendar days after the date of passage of 
     the joint resolution of disapproval.
       ``(E) Limitation on actions during congressional 
     reconsideration of a joint resolution of disapproval.--
     Notwithstanding any other provision of law, if a joint 
     resolution of disapproval relating to a report submitted 
     under paragraph (1)(A) proposing an action described in 
     paragraph (1)(B) passes both Houses of Congress in accordance 
     with paragraph (3), and the President vetoes the joint 
     resolution, the President may not take that action for a 
     period of 10 calendar days after the date of the President's 
     veto.
       ``(F) Effect of enactment of a joint resolution of 
     disapproval.--Notwithstanding any other provision of law, if 
     a joint resolution of disapproval relating to a report 
     submitted under paragraph (1)(A) proposing an action 
     described in paragraph (1)(B) is enacted in accordance with 
     paragraph (3), the President may not take that action.
       ``(3) Joint resolutions of disapproval or approval.--
       ``(A) Joint resolutions of disapproval or approval 
     defined.--In this paragraph:
       ``(i) Joint resolution of approval.--The term `joint 
     resolution of approval' means only a joint resolution of 
     either House of Congress--

       ``(I) the title of which is as follows: `A joint resolution 
     approving the President's proposal to take an action relating 
     to the application of certain sanctions with respect to North 
     Korea.'; and
       ``(II) the sole matter after the resolving clause of which 
     is the following: `Congress approves of the action relating 
     to the application of sanctions imposed with respect to North 
     Korea proposed by the President in the report submitted to 
     Congress under section 201A(f)(1)(A) of the North Korea 
     Sanctions and Policy Enhancement Act of 2016 on _______ 
     relating to ________.', with the first blank space being 
     filled with the appropriate date and the second blank space 
     being filled with a short description of the proposed action.

       ``(ii) Joint resolution of disapproval.--The term `joint 
     resolution of disapproval' means only a joint resolution of 
     either House of Congress--

       ``(I) the title of which is as follows: `A joint resolution 
     disapproving the President's proposal to take an action 
     relating to the application of certain sanctions with respect 
     to North Korea.'; and
       ``(II) the sole matter after the resolving clause of which 
     is the following: `Congress disapproves of the action 
     relating to the application of sanctions imposed with respect 
     to North Korea proposed by the President in the report 
     submitted to Congress under section 201A(f)(1)(A) of the 
     North Korea Sanctions and Policy Enhancement Act of 2016 on 
     _______ relating to ________.', with the first blank space 
     being filled with the appropriate date and the second blank 
     space being filled with a short description of the proposed 
     action.

       ``(B) Introduction.--During the period of 30 calendar days 
     provided for under paragraph (2)(A), including any additional 
     period as applicable under the exception provided in 
     paragraph (2)(B), a joint resolution of approval or joint 
     resolution of disapproval may be introduced--
       ``(i) in the House of Representatives, by the majority 
     leader or the minority leader; and
       ``(ii) in the Senate, by the majority leader (or the 
     majority leader's designee) or the minority leader (or the 
     minority leader's designee).
       ``(C) Floor consideration in house of representatives.--
       ``(i) Reporting and discharge.--If a committee of the House 
     of Representatives to which a joint resolution of approval or 
     joint resolution of disapproval has been referred has not 
     reported the joint resolution within 10 calendar days after 
     the date of referral, that committee shall be discharged from 
     further consideration of the joint resolution.
       ``(ii) Proceeding to consideration.--Beginning on the third 
     legislative day after each committee to which a joint 
     resolution of approval or joint resolution of disapproval has 
     been referred reports the joint resolution to the House or 
     has been discharged from further consideration of the joint 
     resolution, it shall be in order to move to proceed to 
     consider the joint resolution in the House. All points of 
     order against the motion are waived. Such a motion shall not 
     be in order after the House has disposed of a motion to 
     proceed on the joint resolution. The previous question shall 
     be considered as ordered on the motion to its adoption 
     without intervening motion. The motion shall not be 
     debatable. A motion to reconsider the vote by which the 
     motion is disposed of shall not be in order.
       ``(iii) Consideration.--The joint resolution of approval or 
     joint resolution of disapproval shall be considered as read. 
     All points of order against the joint resolution and against 
     its consideration are waived. The previous question shall be 
     considered as ordered on the joint resolution to final 
     passage without intervening motion except 2 hours of debate 
     equally divided and controlled by the sponsor of the joint 
     resolution (or a designee) and an opponent. A motion to 
     reconsider the vote on passage of the joint resolution shall 
     not be in order.
       ``(D) Consideration in the senate.--
       ``(i) Committee referral.--A joint resolution of approval 
     or joint resolution of disapproval introduced in the Senate 
     shall be--

       ``(I) referred to the Committee on Banking, Housing, and 
     Urban Affairs if the joint resolution relates to a report 
     submitted under paragraph (1)(A) with respect to an action 
     that is not intended to significantly alter United States 
     foreign policy with regard to North Korea; and
       ``(II) referred to the Committee on Foreign Relations if 
     the joint resolution relates to a report submitted under 
     paragraph (1)(A) with respect to an action that is intended 
     to significantly alter United States foreign policy with 
     respect to North Korea.

       ``(ii) Reporting and discharge.--If the committee to which 
     a joint resolution of approval or joint resolution of 
     disapproval was referred has not reported the joint 
     resolution within 10 calendar days after the date of referral 
     of the joint resolution, that committee shall be discharged 
     from further consideration of the joint resolution and the 
     joint resolution shall be placed on the appropriate calendar.
       ``(iii) Proceeding to consideration.--Notwithstanding Rule 
     XXII of the Standing Rules of the Senate, it is in order at 
     any time after the Committee on Banking, Housing, and Urban 
     Affairs or the Committee on Foreign Relations, as the case 
     may be, reports a joint resolution of approval or joint 
     resolution of disapproval to the Senate or has been 
     discharged from consideration of such a joint resolution 
     (even though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     joint resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) are waived. The motion to proceed is not 
     debatable. The motion is not subject to a motion to postpone. 
     A motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order.
       ``(iv) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules

[[Page S5756]]

     of the Senate, as the case may be, to the procedure relating 
     to a joint resolution of approval or joint resolution of 
     disapproval shall be decided without debate.
       ``(v) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a joint resolution of 
     approval or joint resolution of disapproval, including all 
     debatable motions and appeals in connection with the joint 
     resolution, shall be limited to 10 hours, to be equally 
     divided between, and controlled by, the majority leader and 
     the minority leader or their designees.
       ``(E) Rules relating to senate and house of 
     representatives.--
       ``(i) Coordination with action by other house.--If, before 
     the passage by one House of a joint resolution of approval or 
     joint resolution of disapproval of that House, that House 
     receives an identical joint resolution from the other House, 
     the following procedures shall apply:

       ``(I) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(II) With respect to the joint resolution of the House 
     receiving the joint resolution from the other House--

       ``(aa) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(bb) the vote on passage shall be on the joint resolution 
     of the other House.
       ``(ii) Treatment of a joint resolution of other house.--If 
     one House fails to introduce a joint resolution of approval 
     or joint resolution of disapproval, a joint resolution of 
     approval or joint resolution of disapproval of the other 
     House shall be entitled to expedited procedures in that House 
     under this subsection.
       ``(iii) Treatment of house joint resolution in senate.--If, 
     following passage of a joint resolution of approval or joint 
     resolution of disapproval in the Senate, the Senate receives 
     an identical joint resolution from the House of 
     Representatives, that joint resolution shall be placed on the 
     appropriate Senate calendar.
       ``(iv) Application to revenue measures.--The provisions of 
     this subparagraph shall not apply in the House of 
     Representatives to a joint resolution of approval or joint 
     resolution of disapproval that is a revenue measure.
       ``(F) Rules of house of representatives and senate.--This 
     paragraph is enacted by Congress--
       ``(i) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution of 
     approval or joint resolution of disapproval, and supersedes 
     other rules only to the extent that it is inconsistent with 
     such rules; and
       ``(ii) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       ``(g) Briefing Required.--Not later than 180 days after the 
     date of the enactment of the Banking Restrictions Involving 
     North Korea (BRINK) Act of 2017, and every 180 days 
     thereafter, the President shall brief the appropriate 
     congressional committees on the status of efforts by the 
     President to prevent conduct described in subparagraphs (A) 
     through (E) of subsection (a)(1).
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit any person from, or authorize or 
     require the imposition of sanctions with respect to any 
     person for, conducting or facilitating any transaction for 
     the sale or donation of agricultural commodities, food, 
     medicine, or medical devices.
       ``(i) Definitions.--In this section:
       ``(1) Appropriate congressional committees and 
     leadership.--The term `appropriate congressional committees 
     and leadership' means--
       ``(A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the majority and 
     minority leaders of the Senate; and
       ``(B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Speaker, the majority leader, and 
     the minority leader of the House of Representatives.
       ``(2) Correspondent account; payable-through account.--The 
     terms `correspondent account' and `payable-through account' 
     have the meanings given those terms in section 5318A of title 
     31, United States Code.
       ``(3) Knowingly.--The term `knowingly', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       ``(4) North korean covered property; north korean financial 
     institution; united states financial institution.--The terms 
     `North Korean covered property', `North Korean financial 
     institution', and `United States financial institution' have 
     the meanings given those terms in section __03 of the Banking 
     Restrictions Involving North Korea (BRINK) Act of 2017.''.
       (b) Clerical Amendment.--The table of contents for the 
     North Korea Sanctions and Policy Enhancement Act of 2016 is 
     amended by striking the item relating to section 201A and 
     inserting the following:

``201A. Sanctions with respect to financial institutions providing 
              support to the Government of North Korea.''.

     SEC. __12. EXPANSION OF LICENSING REQUIREMENTS FOR 
                   TRANSACTIONS IN NORTH KOREAN COVERED PROPERTY.

       (a) License Required.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 180 days after the date of the enactment of this 
     Act, the President shall prescribe regulations prohibiting 
     any transaction involving the manufacture, sale, purchase, 
     transfer, import, or export of North Korean covered property 
     by a United States person or conducted in the United States.
       (2) Exception.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary may grant licenses and permits for the 
     following purposes:
       (i) For any purpose covered by an exemption or waiver under 
     section 208 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9228), including 
     humanitarian, diplomatic, consular, law enforcement, and 
     other purposes.
       (ii) To import food products into North Korea if such food 
     products are not defined as luxury goods.
       (iii) To meet an urgent and compelling humanitarian need.
       (iv) For activities to promote human rights in North Korea, 
     the development of private agriculture and markets in North 
     Korea, and the free flow of information to, from, and within 
     North Korea.
       (v) To import agricultural products, medicine, or medical 
     devices into North Korea if such products, medicine, or 
     devices are classified as designated ``EAR 99'' under 
     subchapter C of chapter VII of title 15, Code of Federal 
     Regulations, or any successor regulations (commonly known as 
     the ``Export Administration Regulations''), and not 
     controlled under--

       (I) the Export Administration Act of 1979 (50 U.S.C. App. 
     2401 et seq.), as continued in effect under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
       (II) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
       (III) part B of title VIII of the Nuclear Proliferation 
     Prevention Act of 1994 (22 U.S.C. 6301 et seq.); or
       (IV) the Chemical and Biological Weapons Control and 
     Warfare Elimination Act of 1991 (22 U.S.C. 5601 et seq.).

       (B) Exception.--The Secretary may not grant a license or 
     permit under subparagraph (A) for an activity described in 
     section 104(a) of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9214(a)).
       (b) Penalties.--
       (1) In general.--A person shall be fined not more than 
     $5,000,000, imprisoned for not more than 20 years, or both, 
     if the person knowingly--
       (A) engages in a transaction described in subsection 
     (a)(1), except pursuant to a license or permit granted under 
     this section or regulations prescribed pursuant to this 
     section; or
       (B) evades a requirement to obtain a license or permit 
     under this section or a regulations prescribed pursuant to 
     this section.
       (2) Forfeiture of property.--Any property, real or 
     personal, that is involved in a transaction that is a 
     violation of subsection (a)(1), is involved in an attempt to 
     conduct such a transaction, or constitutes or is derived from 
     proceeds traceable to such a transaction, is subject to 
     forfeiture to the United States.
       (c) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report listing any licenses or permits granted 
     under subsection (a).
       (2) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form but may include a 
     classified annex.
       (3) Public availability.--Not later than 30 days after the 
     submission of a report under paragraph (1), the Secretary of 
     the Treasury and the Secretary of State shall each publish 
     the unclassified part of the report on a publicly available 
     Internet website of the Department of the Treasury and the 
     Department of State, as the case may be.
       (d) Termination of Requirements.--The President may 
     terminate the prohibition on transactions described in 
     subsection (a) and the imposition of penalties under 
     subsection (b) if the President submits to the appropriate 
     congressional committees the certification described in 
     section 402 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9252).
       (e) Modification of Definition of Specified Unlawful 
     Activity for Money Laundering Purposes.--Section 
     1956(c)(7)(D) of title 18, United States Code, is amended--
       (1) by striking ``or section 104(a) of the North Korea 
     Sanctions Enforcement Act of 2016'' and inserting ``section 
     104(a) of the North Korea Sanctions and Policy Enhancement 
     Act of 2016''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, or section __02(b) of the Banking Restrictions 
     Involving North Korea (BRINK) Act of 2017 (relating to 
     transactions in certain North Korean property)''.

[[Page S5757]]

  


     SEC. __13. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH 
                   RESPECT TO THE PROVISION OF SPECIALIZED 
                   FINANCIAL MESSAGING SERVICES TO NORTH KOREAN 
                   FINANCIAL INSTITUTIONS AND SANCTIONED PERSONS.

       (a) In General.--Section 318 of the Korean Interdiction and 
     Modernization of Sanctions Act (Public Law 115-44) is amended 
     to read as follows:

     ``SEC. 318. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH 
                   RESPECT TO THE PROVISION OF SPECIALIZED 
                   FINANCIAL MESSAGING SERVICES TO NORTH KOREAN 
                   FINANCIAL INSTITUTIONS AND SANCTIONED PERSONS.

       ``(a) Sense of Congress.--It is the sense of Congress 
     that--
       ``(1) providers of specialized financial messaging services 
     have been used as a critical link between the Government of 
     North Korea and the international financial system;
       ``(2) the Financial Action Task Force has repeatedly called 
     for jurisdictions to apply countermeasures to protect the 
     financial system from the risks of money laundering and 
     proliferation financing emanating from North Korea;
       ``(3) credible published reports have implicated the 
     Government of North Korea in stealing approximately 
     $81,000,000 from the Bangladesh Bank and attempting to steal 
     another $951,000,000 from other banks using a financial 
     messaging service; and
       ``(4) directly providing specialized financial messaging 
     services to, or enabling or facilitating direct or indirect 
     access to such messaging services for, any financial 
     institution designated by the United Nations Security Council 
     is inconsistent with applicable United Nations Security 
     Council resolutions.
       ``(b) Briefing on Measures to Deny Specialized Financial 
     Messaging Services to Designated North Korean Financial 
     Institutions.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this Act, and every 180 days thereafter 
     for 5 years, the President shall provide to the appropriate 
     congressional committees a briefing that includes the 
     following information:
       ``(A) A list of each person or foreign government the 
     President has identified that knowingly and directly provides 
     specialized financial messaging services to, or knowingly 
     enables or facilitates direct or indirect access to such 
     messaging services for--
       ``(i) a North Korean financial institution;
       ``(ii) a person, including a financial institution, that is 
     designated pursuant to--

       ``(I) an applicable Executive order;
       ``(II) an applicable United Nations Security Council 
     resolution; or
       ``(III) section 104 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9214); or

       ``(iii) a person subject to sanctions under the Banking 
     Restrictions Involving North Korea (BRINK) Act of 2017.
       ``(B) A detailed assessment of the status of efforts by the 
     Secretary of the Treasury to work with the relevant 
     authorities in the home jurisdictions of such specialized 
     financial messaging providers to end such provision or 
     access.
       ``(2) Form.--The briefing required under paragraph (1) may 
     be classified.
       ``(c) Authorization of Imposition of Sanctions.--The 
     President may impose sanctions pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with 
     respect to a person if, on or after the date that is 90 days 
     after the date of the enactment of the Banking Restrictions 
     Involving North Korea (BRINK) Act of 2017, the person 
     knowingly and directly provides specialized financial 
     messaging services to, or knowingly enables or facilitates 
     direct or indirect access to such messaging services for--
       ``(1) a North Korean financial institution;
       ``(2) a person, including a financial institution, that is 
     designated pursuant to--
       ``(A) an applicable Executive order;
       ``(B) an applicable United Nations Security Council 
     resolution; or
       ``(C) section 104 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9214); or
       ``(3) a person subject to sanctions under the Banking 
     Restrictions Involving North Korea (BRINK) Act of 2017.
       ``(d) Enabling or Facilitating Access to Specialized 
     Financial Messaging Services.--For purposes of this section, 
     enabling or facilitating direct or indirect access to 
     specialized financial messaging services to a person 
     described in paragraph (1) or (2) of subsection (c) includes 
     doing so by serving as an intermediary financial institution 
     with access to such messaging services.
       ``(e) Suspension and Termination of Sanctions.--
       ``(1) Suspension.--The President may suspend the 
     application of any sanctions under subsection (c) for a 
     period of not more than one year if the President certifies 
     to the appropriate congressional committees that the 
     Government of North Korea is taking steps toward--
       ``(A) the verification of its compliance with applicable 
     United Nations Security Council Resolutions; and
       ``(B) fully accounting for and repatriating United States 
     citizens and permanent residents (including deceased United 
     States citizens and permanent residents)--
       ``(i) abducted or unlawfully held captive by the Government 
     of North Korea; or
       ``(ii) detained in violation of the Agreement Concerning a 
     Military Armistice in Korea, signed at Panmunjom July 27, 
     1953 (commonly referred to as the `Korean War Armistice 
     Agreement').
       ``(2) Renewal of suspension.--The President may renew a 
     suspension described in paragraph (1) for additional periods 
     of not more than 180 days if the President certifies to the 
     appropriate congressional committees that the Government of 
     North Korea continues to take steps as described in paragraph 
     (1).
       ``(3) Termination of sanctions.--The President may 
     terminate the application of any sanctions under subsection 
     (c) if the President certifies that the Government of North 
     Korea has made significant progress towards--
       ``(A) completely, verifiably, and irreversibly dismantling 
     all of its nuclear, chemical, biological, and radiological 
     weapons programs, including all programs for the development 
     of systems designed in whole or in part for the delivery of 
     such weapons; and
       ``(B) fully accounting for and repatriating United States 
     citizens and permanent residents (including deceased United 
     States citizens and permanent residents)--
       ``(i) abducted or unlawfully held captive by the Government 
     of North Korea; or
       ``(ii) detained in violation of the Agreement Concerning a 
     Military Armistice in Korea, signed at Panmunjom July 27, 
     1953 (commonly referred to as the `Korean War Armistice 
     Agreement').
       ``(f) Definitions.--In this section:
       ``(1) Applicable executive order; applicable united nations 
     security council resolution; government of north korea; north 
     korea.--The terms `applicable Executive order', `applicable 
     United Nations Security Council resolution', `Government of 
     North Korea', and `North Korea' have the meanings given those 
     terms in section 3 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9202).
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       ``(B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       ``(3) Knowingly.--The term `knowingly', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       ``(4) North korean financial institution.--The term `North 
     Korean financial institution' has the meaning given that term 
     in section __03 of the Banking Restrictions Involving North 
     Korea (BRINK) Act of 2017.''.
       (b) Clerical Amendment.--The table of contents for the 
     Countering America's Adversaries Through Sanctions Act 
     (Public Law 115-44) is amended by striking the item relating 
     to section 318 and inserting the following:

``318. Authorization of imposition of sanctions with respect to the 
              provision of specialized financial messaging services to 
              North Korean financial institutions and sanctioned 
              persons.''.

     SEC. __14. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH 
                   RESPECT TO GOVERNMENTS THAT FAIL TO COMPLY WITH 
                   UNITED NATIONS SECURITY COUNCIL SANCTIONS 
                   AGAINST NORTH KOREA.

       (a) In General.--Section 317 of the Korean Interdiction and 
     Modernization of Sanctions Act (Public Law 115-44) is 
     amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following:
       ``(c) Imposition of Sanctions.--
       ``(1) In general.--The President may impose one or more of 
     the sanctions described in paragraph (2) with respect to a 
     government that the President has determined has knowingly 
     failed to carry out the activities set forth in paragraphs 
     (1) through (4) of subsection (a) until such time as the 
     President determines that the government has taken 
     substantial steps to carry out such activities.
       ``(2) Sanctions described.--The sanctions described in this 
     paragraph to be imposed with respect to the government of a 
     country are the following:
       ``(A) Prohibit or curtail the export of any goods or 
     technology to that country pursuant to the authorities 
     provided in section 6 of the Export Administration Act of 
     1979 (50 U.S.C. 4605) (as continued in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)).
       ``(B) Withhold assistance under the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2151 et seq.) to that government.
       ``(C) Instruct the United States executive director at each 
     international financial institution (as defined in section 
     1701(c) of the International Financial Institutions Act (22 
     U.S.C. 262r(c))) to use the voice and vote of the United 
     States to oppose the provision of loans, benefits, or other 
     use of the funds of the institution to that government.
       ``(d) Rule of Construction.--This section shall not be 
     construed to limit the use of other sanctions authorities 
     available to the President in response to governments of 
     countries failing to carry out the activities set forth in 
     paragraphs (1) through (4) of subsection (a).''.
       (b) Clerical Amendment.--The table of contents for the 
     Countering America's Adversaries Through Sanctions Act 
     (Public

[[Page S5758]]

     Law 115-44) is amended by striking the item relating to 
     section 317 and inserting the following:

``317. Authorization of imposition of sanctions with respect to 
              governments that fail to comply with United Nations 
              Security Council sanctions against North Korea.''.

     SEC. __15. GRANTS TO CONDUCT RESEARCH ON FINANCIAL NETWORKS 
                   AND FINANCIAL METHODS OF THE GOVERNMENT OF 
                   NORTH KOREA.

       (a) Grants Authorized.--
       (1) In general.--The President, acting through the Attorney 
     General, the Secretary of State, the Secretary of the 
     Treasury, or the Director of National Intelligence, may award 
     grants to, and enter into cooperative agreements with, 
     States, units of local government, nongovernmental 
     organizations, and relevant international organizations to 
     further the purposes of this title and provide data to 
     address the issues identified in section __02.
       (2) Research initiatives.--Grants awarded and cooperative 
     agreements entered into under paragraph (1) shall include 
     grants and agreements for the purpose of conducting research 
     initiatives on the following:
       (A) The methods used by the Government of North Korea to 
     deal in, transact in, or conceal the ownership, control, or 
     origin of North Korean covered property.
       (B) The relationship between proliferation by the 
     Government of North Korea and the financial industry or 
     financial institutions.
       (C) The export by any person to the United States of North 
     Korean covered property.
       (D) The involvement of any person in human trafficking 
     involving citizens or nationals of North Korea.
       (E) Information relating to transactions described in 
     section __12(a).
       (F) Information relating to activities by governments as 
     described in section 317(a) of the Korean Interdiction and 
     Modernization of Sanctions Act (Public Law 115-44).
       (G) Information relating to the identification, blocking, 
     and release of property or proceeds described in section 
     __17(a).
       (H) The effectiveness of law enforcement and diplomatic 
     initiatives of Federal, State, and foreign governments to 
     comply with the provisions of applicable United Nations 
     Security Council resolutions.
       (I) The effectiveness of compliance programs within the 
     financial industry to ensure compliance with applicable 
     United Nations Security Council resolutions.
       (b) Interagency Coordination.--The President shall ensure 
     that any information collected pursuant to subsection (a) is 
     shared among the agencies involved in investigations 
     described in section 102(b) of the North Korea Sanctions and 
     Policy Enhancement Act of 2016 (22 U.S.C. 9212(b)).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2018 through 2021 
     such sums as may be necessary to carry out this section.

     SEC. __16. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF 
                   BENEFICIAL OWNERSHIP RULES TO ACCESS THE 
                   INTERNATIONAL FINANCIAL SYSTEM.

       (a) In General.--Not later than November 11, 2018, the 
     Director of the Financial Crimes Enforcement Network of the 
     Department of the Treasury shall submit to the appropriate 
     congressional committees and publish in the Federal Register 
     a report setting forth the findings of the Director regarding 
     how the Government of North Korea is using laws regarding 
     beneficial ownership of property to access the international 
     financial system.
       (b) Elements.--The Director shall include in the report 
     required under subsection (a) proposals for such legislative 
     and administrative action as the Director considers 
     appropriate.

     SEC. __17. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING 
                   OF PROPERTY OF NORTH KOREAN OFFICIALS.

       (a) In General.--It is the sense of Congress that the 
     President should collaborate with the Stolen Asset Recovery 
     Initiative of the World Bank Group and the United Nations 
     Office on Drugs and Crime to prioritize the identification, 
     blocking, and release for humanitarian purposes of--
       (1) any property owned or controlled by a North Korean 
     official; or
       (2) any significant proceeds of kleptocracy by the 
     Government of North Korea or a North Korean official.
       (b) North Korean Official Defined.--In this section, the 
     term ``North Korean official'' includes--
       (1) the individuals described in section 304(a)(2)(B) of 
     the North Korea Sanctions and Policy Enhancement Act of 2016 
     (22 U.S.C. 9243(a)(2)(B)); and
       (2) such additional officials as the President may 
     determine to be officials of the Government of North Korea.

     SEC. __18. SENSE OF CONGRESS REGARDING THE KAESONG INDUSTRIAL 
                   COMPLEX.

       (a) Findings.--Congress finds the following:
       (1) On October 14, 2006, the United Nations Security 
     Council adopted Resolution 1718, paragraph 8(d) of which 
     requires member states of the United Nations to ensure that 
     persons under their jurisdiction prevent any funds, financial 
     assets, and economic resources from being used by persons or 
     entities engaged in or proving support for the nuclear, 
     chemical, or biological weapons programs of North Korea or 
     the ballistic missile programs of North Korea.
       (2) On April 11, 2011, the President signed Executive Order 
     13570 (50 U.S.C. 1701 note; relating to prohibiting certain 
     transactions with respect to North Korea), which prohibits 
     the importation into the United States, directly or 
     indirectly, of any goods, services, or technology from North 
     Korea, except as provided in statute or in licenses, 
     regulations, orders, or directives that may be issued 
     pursuant to that Executive Order.
       (3) In April 2013, the Under Secretary of the Treasury for 
     Terrorism and Financial Intelligence said, in reference to 
     the Kaesong Industrial Complex, ``Precisely what North 
     Koreans do with earnings from Kaesong, I think, is something 
     that we are concerned about.''.
       (4) In February 2016, on announcing the suspension of 
     operations at the Kaesong Industrial Complex, the Unification 
     Ministry of the Republic of Korea stated that the Government 
     of North Korea may have used the proceeds from the Kaesong 
     Industrial Complex to finance its nuclear weapons program.
       (5) On November 30, 2016, the United States Security 
     Council approved Resolution 2321, paragraph 32 of which 
     requires member states of the United Nations to prohibit 
     public and private financial support for trade with North 
     Korea from within their territories or by persons subject to 
     their jurisdiction, including the granting of export credits, 
     guarantees, or insurance to persons involved in such trade, 
     except as approved in advance by a committee appointed by the 
     Security Council on a case-by-case basis.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States stands in solidarity with its ally in 
     the Republic of Korea, and has expressed that solidarity with 
     the sacrifice of 36,914 people of the United States and with 
     the continued presence of 29,500 members of the Armed Forces 
     of the United States in the Republic of Korea;
       (2) the nuclear weapons program of North Korea poses a 
     grave and imminent threat to the freedom and security of both 
     the United States and the Republic of Korea;
       (3) the Kaesong Industrial Complex yielded few, if any, 
     apparent benefits with regard to the reform, liberalization, 
     or disarmament of North Korea;
       (4) the unconditional provision of revenue from the Kaesong 
     Industrial Complex to the Government of North Korea 
     undermines the financial pressure necessary to strict and 
     effective enforcement of United Nations Security Council 
     sanctions;
       (5) the strict and effective enforcement of United Nations 
     Security Council sanctions is the last plausible option to 
     achieve the complete, verifiable, irreversible, and peaceful 
     nuclear disarmament of North Korea; and
       (6) the Kaesong Industrial Complex should not be reopened 
     until the Government of North Korea has completely, 
     verifiably, and irreversibly dismantled all of its nuclear, 
     chemical, biological, and radiological weapons programs, 
     including all programs for the development of systems 
     designed in whole or in part for the delivery of such 
     weapons.

                  PART II--DIVESTMENT FROM NORTH KOREA

     SEC. __21. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST 
                   FROM COMPANIES THAT INVEST IN NORTH KOREA.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should support the decision of any State or 
     local government, for moral, prudential, or reputational 
     reasons, to divest from, or prohibit the investment of assets 
     of the State or local government in, a person that engages in 
     investment activities involving North Korean covered property 
     if North Korea is subject to economic sanctions imposed by 
     the United States or the United Nations Security Council.
       (b) Authority To Divest.--Notwithstanding any other 
     provision of law, a State or local government may adopt and 
     enforce measures that meet the requirements of subsection (c) 
     to divest the assets of the State or local government from, 
     or prohibit investment of the assets of the State or local 
     government in, any person that the State or local government 
     determines, using credible information available to the 
     public, engages in investment activities involving North 
     Korean covered property of a value of more than $10,000.
       (c) Requirements.--Any measure taken by a State or local 
     government under subsection (b) shall meet the following 
     requirements:
       (1) Notice.--The State or local government shall provide 
     written notice to each person with respect to which a measure 
     under this section is to be applied.
       (2) Timing.--The measure applied under this section shall 
     apply to a person not earlier than the date that is 90 days 
     after the date on which written notice under paragraph (1) is 
     provided to the person.
       (3) Opportunity to demonstrate compliance.--
       (A) In general.--The State or local government shall 
     provide to each person with respect to which a measure is to 
     be applied under this section an opportunity to demonstrate 
     to the State or local government that the person does not 
     engage in investment activities in North Korean covered 
     property.
       (B) Nonapplication.--If a person with respect to which a 
     measure is to be applied under this section demonstrates to 
     the State or local government under subparagraph (A)

[[Page S5759]]

     that the person does not engage in investment activities in 
     North Korean covered property, the measure shall not apply to 
     that person.
       (4) Sense of congress on avoiding erroneous targeting.--It 
     is the sense of Congress that a State or local government 
     should not adopt a measure under subsection (b) with respect 
     to a person unless the State or local government has--
       (A) made every effort to avoid erroneously targeting the 
     person; and
       (B) verified that the person engages in investment 
     activities in North Korean covered property.
       (d) Notice to Department of Justice.--Not later than 30 
     days after a State or local government applies a measure 
     under this section, the State or local government shall 
     notify the Attorney General of that measure.
       (e) Authorization for Prior Applied Measures.--
       (1) In general.--Notwithstanding any other provision of 
     this section or any other provision of law, a State or local 
     government may enforce a measure (without regard to the 
     requirements of subsection (c), except as provided in 
     paragraph (2)) applied by the State or local government 
     before the date of the enactment of this Act that provides 
     for the divestment of assets of the State or local government 
     from, or prohibits the investment of the assets of the State 
     or local government in, any person that the State or local 
     government determines, using credible information available 
     to the public, engages in investment activities in North 
     Korean covered property that are identified in that measure.
       (2) Application of notice requirements.--A measure 
     described in paragraph (1) shall be subject to the 
     requirements of paragraphs (1), (2), and (3)(A) of subsection 
     (c) on and after the date that is two years after the date of 
     the enactment of this Act.
       (f) No Preemption.--A measure applied by a State or local 
     government authorized under subsection (b) or (e) is not 
     preempted by any Federal law.
       (g) Definitions.--In this section:
       (1) Asset.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``asset'' means public monies, and includes any 
     pension, retirement, annuity, endowment fund, or similar 
     instrument, that is controlled by a State or local 
     government.
       (B) Exception.--The term ``asset'' does not include 
     employee benefit plans covered by title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.).
       (2) Investment.--The term ``investment'' includes--
       (A) a commitment or contribution of funds or property;
       (B) a loan or other extension of credit; and
       (C) the entry into or renewal of a contract for goods or 
     services.
       (h) Effective Date.--
       (1) In general.--Except as provided in paragraph (2) and 
     subsection (e), this section applies to measures applied by a 
     State or local government before, on, or after the date of 
     the enactment of this Act.
       (2) Notice requirements.--Except as provided in subsection 
     (h), subsections (c) and (d) apply to measures applied by a 
     State or local government on or after the date of the 
     enactment of this Act.

     SEC. __22. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY 
                   ASSET MANAGERS.

       (a) In General.--Section 13(c)(1) of the Investment Company 
     Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended--
       (1) in subparagraph (A) by striking ``or'' at the end;
       (2) in subparagraph (B) by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) engage in investment activities involving North 
     Korean covered property, as defined in section __03 of the 
     Banking Restrictions Involving North Korea (BRINK) Act of 
     2017.''.
       (b) Securities and Exchange Commission Regulations.--Not 
     later than 120 days after the date of the enactment of this 
     Act, the Securities and Exchange Commission shall issue any 
     revisions the Securities and Exchange Commission determines 
     to be necessary to the regulations requiring disclosure by 
     each registered investment company that divests itself of 
     securities in accordance with section 13(c) of the Investment 
     Company Act of 1940 (15 U.S.C. 80a-13(c)), including in 
     accordance with paragraph (1)(C) of that section, as added by 
     subsection (a)(3).

     SEC. __23. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN 
                   INVESTMENTS.

       It is the sense of Congress that--
       (1) a fiduciary of an employee benefit plan, as defined in 
     section 3(3) of the Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or 
     avoid investing plan assets in, any person the fiduciary 
     determines engages in investment activities involving North 
     Korean covered property, if--
       (A) the fiduciary makes that determination using credible 
     information that is available to the public; and
       (B) the fiduciary prudently determines that the result of 
     that divestment or avoidance of investment would not be 
     expected to provide the employee benefit plan with--
       (i) a lower rate of return than alternative investments 
     with commensurate degrees of risk; or
       (ii) a higher degree of risk than alternative investments 
     with commensurate rates of return; and
       (2) by divesting assets or avoiding the investment of 
     assets as described in paragraph (1), the fiduciary is not 
     breaching the responsibilities, obligations, or duties 
     imposed upon the fiduciary by subparagraph (A) or (B) of 
     section 404(a)(1) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1104(a)(1)).

     SEC. __24. RULE OF CONSTRUCTION.

       Nothing in this subtitle, an amendment made by this 
     subtitle, or any other provision of law authorizing sanctions 
     with respect to North Korea shall be construed to affect or 
     displace--
       (1) the authority of a State or local government to issue 
     and enforce rules governing the safety, soundness, and 
     solvency of a financial institution subject to its 
     jurisdiction; or
       (2) the regulation and taxation by the several States of 
     the business of insurance, pursuant to the Act of March 9, 
     1945 (59 Stat. 34, chapter 20; 15 U.S.C. 1011 et seq.) 
     (commonly known as the ``McCarran-Ferguson Act'').

                     PART III--GENERAL AUTHORITIES

     SEC. __31. RULEMAKING.

       The President may prescribe such rules and regulations as 
     may be necessary to carry out this subtitle and amendments 
     made by this subtitle.

     SEC. __32. AUTHORITY TO CONSOLIDATE REPORTS.

       (a) In General.--Any and all reports required to be 
     submitted to the appropriate congressional committees under 
     this subtitle or an amendment made by this subtitle that are 
     subject to a deadline for submission consisting of the same 
     unit of time may be consolidated into a single report that is 
     submitted pursuant to that deadline.
       (b) Contents.--Any reports consolidated under subsection 
     (a) shall contain all information required under this 
     subtitle or the amendment made by this subtitle and any other 
     elements that may be required by existing law.

     SEC. __33. RULE OF CONSTRUCTION.

       Nothing in this subtitle or an amendment made by this 
     subtitle shall be construed to limit the authority or 
     obligation of the President--
       (1) to apply the sanctions described in--
       (A) section 104 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (22 U.S.C. 9214) with regard to 
     persons that meet the criteria for designation under such 
     section; or
       (B) the Korean Interdiction and Modernization of Sanctions 
     Act (title III of Public Law 115-44); or
       (2) to exercise any other law enforcement authorities 
     available to the President.
                                 ______
                                 
  SA 1063. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 886, beginning in the new section 2320a of title 
     10, United States Code, as added by subsection (a)(1) of such 
     section 886, strike subsection (c) of such section 2320a and 
     all that follows through the end of subsection (d)(1) of such 
     section 886 and insert the following:
       ``(c) Applicability to Existing Software.--The Secretary of 
     Defense shall, where appropriate--
       ``(1) seek to negotiate open source licenses to existing 
     custom-developed computer software with contractors that 
     developed it; and
       ``(2) release related source code and technical data in a 
     public repository location approved by the Department of 
     Defense.
       ``(d) Definitions.--In this section:
       ``(1) Custom-developed computer software.--The term 
     `custom-developed computer software'--
       ``(A) means human-readable source code, including 
     segregable portions thereof, that is--
       ``(i) first produced in the performance of a Department of 
     Defense contract, grant, cooperative agreement, or other 
     transaction; or
       ``(ii) developed by a contractor or subcontractor 
     exclusively with Federal funds (other than an item or process 
     developed under a contract or subcontract to which 
     regulations under section 9(j)(2) of the Small Business Act 
     (15 U.S.C. 638(j)(2)) apply); and
       ``(B) does not include Commercial Off-The-Shelf software, 
     or packaged software developed exclusively at private 
     expense, whether delivered as a Cloud Service, in binary 
     form, or by any other means of software delivery.
       ``(2) Technical data.--The term `technical data' has the 
     meaning given the term in section 2302 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 2320 the following new item:

``2320a. Use of open source software.''.

       (b) Prize Competition.--The Secretary of Defense shall 
     create a prize for a research and develop program or other 
     activity for identifying, capturing, and storing existing 
     Department of Defense custom-developed computer software and 
     related technical data. The Secretary of Defense shall create

[[Page S5760]]

     an additional prize for improving, repurposing, or reusing 
     software to better support the Department of Defense mission. 
     The prize programs shall be conducted in accordance with 
     section 2374a of title 10, United States Code.
       (c) Reverse Engineering.--The Secretary of Defense shall 
     task the Defense Advanced Research Program Agency with a 
     project to identify methods to locate and reverse engineer 
     Department of Defense custom-developed computer software and 
     related technical data for which source code is unavailable.
       (d) Definitions.--In this section:
       (1) Custom-developed computer software.--The term ``custom-
     developed computer software''--
       (A) means human-readable source code, including segregable 
     portions thereof, that is--
       (i) first produced in the performance of a Department of 
     Defense contract, grant, cooperative agreement, or other 
     transaction; or
       (ii) developed by a contractor or subcontractor exclusively 
     with Federal funds (other than an item or process developed 
     under a contract or subcontract to which regulations under 
     section 9(j)(2) of the Small Business Act (15 U.S.C. 
     638(j)(2)) apply); and
       (B) does not include Commercial Off-The-Shelf software, or 
     packaged software developed exclusively at private expense, 
     whether delivered as a Cloud Service, in binary form, or by 
     any other means of software delivery.
                                 ______
                                 
  SA 1064. 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 V, add the following:

     SEC. ___. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE 
                   RESPONSE.

       (a) In General.--The Secretary of the Army and the 
     Secretary of the Air Force shall, in consultation with the 
     Chief of the National Guard Bureau, provide for training of 
     appropriate personnel of the National Guard on wildfire 
     response, with preference given to States with the most acres 
     of Federal forestlands administered by the U.S. Forest 
     Service or the Department of the Interior.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Department of Defense a total of 
     $10,000,000, in addition to amounts authorized to be 
     appropriated by sections 421 and 301, in order to carry out 
     the training required by subsection (a) and provide related 
     equipment.
                                 ______
                                 
  SA 1065. Ms. CANTWELL (for herself, Mr. Casey, and Mr. Bennet) 
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 the funding table in section 4301, in the item relating 
     to Environmental Restoration, Air Force, increase the amount 
     in the Senate Authorized column by $20,000,000.
       In the funding table in section 4301, in the item relating 
     to Subtotal Environmental Restoration, Air Force, increase 
     the amount in the Senate Authorized column by $20,000,000.
       In the funding table in section 4301, in the item relating 
     to Total Miscellaneous Appropriations, increase the amount in 
     the Senate Authorized column by $20,000,000.
       In the funding table in section 4301, in the item relating 
     to Undistributed, Line number 999, reduce the amount in the 
     Senate Authorized column by $20,000,000.
       In the funding table in section 4301, in the item relating 
     to Fuel Savings, increase the amount of the reduction 
     indicated in the Senate Authorized column by $20,000,000.
       In the funding table in section 4301, in the item relating 
     to Subtotal Undistributed, reduce the amount in the Senate 
     Authorized column by $20,000,000.
       In the funding table in section 4301, in the item relating 
     to Total Undistributed, reduce the amount in the Senate 
     Authorized column by $20,000,000.
                                 ______
                                 
  SA 1066. Mr. CRUZ (for himself, Mr. Leahy, Mr. Tillis, and Mr. 
Merkley) submitted an amendment intended to be proposed to amendment SA 
1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 1067. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 1068. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 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

[[Page S5761]]

     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 1069. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 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 1070. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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. __. COMBAT CAPABILITY AND MODERNIZATION OF B-2 FLEET.

       The Secretary of the Air Force shall ensure that the B-2 
     fleet remains fully combat capable, that necessary 
     modernization of the fleet continues, and that the aircraft 
     remains in the primary mission aircraft inventory of the Air 
     Force.
                                 ______
                                 
  SA 1071. Mr. STRANGE submitted an amendment intended to be proposed 
to amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 
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 XVI, add the following:

     SEC. 1656. REVIEW OF PROPOSED GROUND-BASED MIDCOURSE DEFENSE 
                   SYSTEM CONTRACT.

       (a) Limitation on Changes to Contracting Strategy.--The 
     Director of the Missile Defense Agency may not change the 
     contracting strategy for the systems integration, operations, 
     and test of the ground-based midcourse defense system until 
     the date on which--
       (1) the report under subsection (b)(4) is submitted to the 
     congressional defense committees; and
       (2) a period of 30 days has elapsed following the date of 
     such submittal.
       (b) Review.--
       (1) In general.--The Director of Cost Assessment and 
     Program Evaluation shall conduct a review of the contract for 
     the systems integration, operations, and test of the ground-
     based midcourse defense system.
       (2) Elements.--The review required by paragraph (1) shall 
     include the following:
       (A) Contract performance of current industry-led prime 
     contract approach, including with respect to--
       (i) system readiness performance and reliability growth;
       (ii) development, integration, and fielding of new homeland 
     defense capabilities; and
       (iii) cost performance against baseline contract.
       (B) With respect to alternate contracting approaches--
       (i) an enumeration and detailing of any specific benefits 
     for each such alternate approach;
       (ii) an identification of specific costs to switching to 
     each such alternate approach; and
       (iii) detailing of the specific risks of each such 
     alternate approach to homeland defense, including regarding 
     schedule, costs, and the sustainment, maintenance, 
     development, and fielding, of integrated capabilities.
       (C) With respect to contracting approaches that transition 
     to Federal Government-led systems engineering integration and 
     test--
       (i) an enumeration of the processes, procedures, and 
     command media that have been established by the Missile 
     Defense Agency and proven to be effective for the execution 
     of programs that are of the scale of the ground-based 
     midcourse defense system; and
       (ii) the manner in which a new contract will control for 
     growth in the personnel and support contracts of the Federal 
     Government to support cost growth and minimize the risk of 
     schedule delay.

[[Page S5762]]

       (D) A baseline for historical and current staffing of the 
     ground-based midcourse defense system program, specifically 
     with respect to personnel of the Federal Government, 
     personnel of federally funded research and development 
     centers, personnel of departments and agencies of the Federal 
     Government, and support contractors.
       (E) Projections of the staffing categories specified in 
     subparagraph (D) under a new contracting strategy and how 
     such staffing categories will be limited to prevent 
     significant cost growth and to minimize the risk of schedule 
     delays.
       (F) The views and recommendations of the Director for any 
     changes the current ground-based midcourse defense system 
     contract or a new contract, including the proposed 
     contracting strategy of the Missile Defense Agency.
       (G) Such other matters as the Director determines 
     appropriate.
       (3) Transmission.--The Director of Cost Assessment and 
     Program Evaluation shall transmit to the Under Secretary of 
     Defense for Research and Engineering and the Missile Defense 
     Executive Board the findings of the Director with respect to 
     the review conducted under paragraph (1).
       (4) Report.--Not later than 30 days after the date on which 
     the Under Secretary and the Missile Defense Executive Board 
     receive the findings of the Director under paragraph (3), the 
     Under Secretary and Board shall jointly submit to the 
     congressional defense committees a report containing--
       (A) the findings of the Director transmitted under 
     paragraph (3), without change; and
       (B) such views and recommendations of the Under Secretary 
     and the Board may have with respect to such findings or the 
     review conducted under paragraph (1).
                                 ______
                                 
  SA 1072. Mr. BURR submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 XVI, add the following:

     SEC. 1612. 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 1073. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 
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 1653 and insert the following:

     SEC. 1653. GROUND-BASED INTERCEPTOR CAPABILITY, CAPACITY, AND 
                   RELIABILITY.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that it is the policy of the United States to maintain and 
     improve, with the allies of the United States, an effective, 
     robust layered missile defense system capable of defending 
     the citizens of the United States residing in territories and 
     States of the United States, allies of the United States, and 
     deployed Armed Forces of the United States.
       (b) Increase in Capacity and Continued Advancement.--The 
     Secretary of Defense shall--
       (1) subject to the annual authorization of appropriations 
     and the annual appropriation of funds for National Missile 
     Defense, increase the number of United States ground-based 
     interceptors, unless otherwise directed by the Ballistic 
     Missile Defense Review, by up to 28;
       (2) develop a plan to further increase such number to the 
     currently available missile field capacity of 104 and to plan 
     for any future capacity at any site that may be identified by 
     the Ballistic Missile Defense Review; and
       (3) continue to rapidly advance missile defense 
     technologies to improve the capability and reliability of the 
     ground-based midcourse defense element of the ballistic 
     missile defense system.
       (c) Deployment.--Not later than December 31, 2021, the 
     Secretary of Defense shall--
       (1) execute any requisite construction to ensure that 
     Missile Field 1 or Missile Field 2 at Fort Greely or 
     alternative missile fields at Fort Greely which may be 
     identified pursuant to subsection (b), are capable of 
     supporting and sustaining additional ground-based 
     interceptors;
       (2) deploy up to 14 additional ground-based interceptors to 
     Missile Field 1 or up to 20 additional ground-based 
     interceptors to an alternative missile field at Fort Greely 
     as soon as technically feasible; and
       (3) identify a ground-based interceptor stockpile storage 
     site for the remaining ground-based interceptors required by 
     subsection (b).
       (d) Report.--
       (1) In general.--Unless otherwise directed or recommended 
     by the Ballistic Missile Defense Review (BMDR), the Director 
     of the Missile Defense Agency shall submit to the 
     congressional defense committees, not later than 90 days 
     after the completion of the Ballistic Missile Defense Review, 
     a report on options to increase the capability, capacity, and 
     reliability of the ground-based midcourse defense element of 
     the ballistic missile defense system and the infrastructure 
     requirements for increasing the number of ground-based 
     interceptors in currently feasible locations across the 
     United States.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) An identification of potential sites in the United 
     States, whether existing or new on the East Coast or in the 
     Midwest, for the deployment of 104 ground-based interceptors.
       (B) A cost-benefit analysis of each such site, including 
     tactical, operational, and cost-to-construct considerations.
       (C) A description of any completed and outstanding 
     environmental assessments or impact statements for each such 
     site.
       (D) A description of the existing capacity of the missile 
     fields at Fort Greely and the infrastructure requirements 
     needed to increase the number of ground-based interceptors to 
     20 ground-based interceptors each.
       (E) A description of the additional infrastructure and 
     components needed to further outfit missile fields at Fort 
     Greely before emplacing additional ground-based interceptors 
     configured with the redesigned kill vehicle, including with 
     respect to ground excavation, silos, utilities, and support 
     equipment.
       (F) A cost estimate of such infrastructure and components.
       (G) An estimated schedule for completing such construction 
     as may be required for such infrastructure and components.
       (H) An identification of any environmental assessments or 
     impact studies that would need to be conducted to expand such 
     missile fields at Fort Greely beyond current capacity.
       (I) An operational evaluation and cost analysis of the 
     deployment of transportable ground-based interceptors, 
     including an identification of potential sites, including in 
     the eastern United States and at Vandenberg Air Force Base, 
     and an examination of any environmental, legal, or tactical 
     challenges associated with such deployments, including to any 
     sites identified in subparagraph (A).
       (J) A determination of the appropriate fleet mix of ground-
     based interceptor kill vehicles and boosters to maximize 
     overall system effectiveness and increase its capacity and 
     capability, including the costs and benefits of continued 
     inclusion of capability enhancement II (CE-II) Block 1 
     interceptors after the fielding of the redesigned kill 
     vehicle.
       (K) A description of the planned improvements to homeland 
     ballistic missile defense sensor and discrimination 
     capabilities and an assessment of the expected operational 
     benefits of such improvements to homeland ballistic missile 
     defense.
       (L) The benefit of supplementing ground-based midcourse 
     defense elements with other, more distributed, elements, 
     including both Aegis ships and Aegis Ashore installations 
     with Standard Missile-3 Block IIA and other interceptors in 
     Hawaii and at other locations for homeland missile defense.
       (3) Form.--The report submitted under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 1074. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 
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 812, beginning in the new section 2339a of title 
     10, United States Code, as added by subsection (a)(1) of such 
     section 812, strike ``$250,000''and all that follows through 
     the end of subsection (b) of such section 812 and insert the 
     following: ``$250,000. This section shall not apply for 
     purposes of determining the value of the simplified 
     acquisition threshold referred to in subsection 2533a(h) or 
     subsection 2533b(f) of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2339a. Simplified acquisition threshold.''.
       (b) Technical and Conforming Amendments.--(1) Section 134 
     of title 41, United States Code, is amended by striking ``In 
     division B'' and inserting ``Except as provided in section 
     2339a of title 10, in division B''.
       (2) Section 2533a(h) of title 10, United States Code, is 
     amended by striking ``referred to in section 2304(g) of this 
     title'' and

[[Page S5763]]

     inserting ``specified in section 134 of title 41, United 
     States Code''.
       (3) Section 2533b(f) of title 10, United States Code, is 
     amended by striking ``referred to in section 2304(g) of this 
     title'' and inserting ``specified in section 134 of title 41, 
     United States Code''.
                                 ______
                                 
  SA 1075. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 
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 VIII, add the following:

                Subtitle K--Fair Pay and Safe Workplaces

     SEC. 899G. SHORT TITLE.

       This subtitle may be cited as the ``Fair Pay and Safe 
     Workplaces Act of 2017''.

     SEC. 899H. DEFINITIONS.

       In this subtitle:
       (1) Covered contract.--The term ``covered contract'' means 
     a Federal contract for the procurement of property or 
     services, including construction, valued in excess of 
     $500,000.
       (2) Covered subcontract.--The term ``covered 
     subcontract''--
       (A) means a subcontract for property or services under a 
     Federal contract that is valued in excess of $500,000; and
       (B) does not include a subcontract for the procurement of 
     commercially available off-the-shelf items.
       (3) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.

     SEC. 899I. FINDINGS.

       Congress makes the following findings:
       (1) Over the last two decades, the role of private 
     contractors in public projects has significantly increased. 
     Having doubled the amount of taxpayer dollars spent on 
     contract labor since the year 2000, the Federal Government, 
     according to recent estimates, now purchases more than 
     $500,000,000,000 worth of goods and services from private 
     firms, which employ 26,000,000 workers.
       (2) According to a majority staff report released in 2013 
     by the Committee on Health, Education, Labor, and Pensions of 
     the Senate (the ``HELP Committee''), in recent years, dozens 
     of major Federal contractors have repeatedly violated basic 
     Federal labor laws with impunity. From 2007 through 2012, 49 
     individual Federal contractors triggered 1,776 enforcement 
     actions for violating basic health and safety standards, 
     discriminating against workers, or failing to pay workers 
     what they earned. Despite these repeated infractions, those 
     49 companies received $81,000,000,000 in Federal contracts in 
     fiscal year 2012 alone.
       (3) The HELP Committee staff report also showed that, from 
     2007 through 2012, companies holding large Federal contracts 
     accounted for 48 percent of the penalties assessed by the 
     Occupational Safety and Health Administration's list of top 
     100 violators, and incurred more than $87,000,000 in 
     penalties. In fact, 8 of these companies were found to be 
     directly responsible for the deaths of 42 United States 
     workers. Nevertheless, in fiscal year 2012, United States 
     taxpayers provided these companies with $3,400,000,000 in 
     Federal contracts.
       (4) In addition to these health and safety violations, the 
     HELP Committee report showed that Federal contractors have 
     been repeatedly cited for violations of wage laws. 
     Investigations of infractions by the Department of Labor 
     often produce either a settlement or litigation, both of 
     which can result in a back pay award for victimized workers. 
     Between 2007 and 2012, Federal contractors accounted for 35 
     of the 100 largest back pay awards, and 32 Federal 
     contractors were responsible for more than 40 percent of the 
     total amount of unpaid back wages awarded during this period. 
     Despite being compelled to pay more than $82,000,000 in back 
     wages, these 32 violators received $73,100,000,000 of Federal 
     contracts in fiscal year 2012.
       (5) The fact that repeat offenders continue to receive 
     lucrative Federal contracts indicates the profound lack of 
     accountability in the present system of Federal contracting. 
     Such a gap necessitates reforms to the relationship between 
     contracting officers and the Department of Labor as well 
     expanding the number of supervision and enforcement tools 
     available to both, which will ensure contractor compliance 
     with Federal labor laws.
       (6) In 2014, President Barack Obama issued Executive Order 
     13673 on Fair Pay and Safe Workplaces. In the executive 
     order, the President determined that ``contractors that 
     consistently adhere to labor laws are more likely to have 
     workplace practices that enhance productivity and increase 
     the likelihood of timely, predictable, and satisfactory 
     delivery of goods and services to the Federal Government. 
     Helping executive departments and agencies to identify and 
     work with contractors with track records of compliance will 
     reduce execution delays and avoid distractions and 
     complications that arise from contracting with contractors 
     with track records of noncompliance.''
       (7) In furtherance of economy and efficiency in 
     contracting, the Fair Pay and Safe Workplaces Executive Order 
     took a three-pronged approach to these problems:
       (A) Companies were required to disclose any violations of 
     Federal labor law when applying for a contract. Those with 
     poor track records of compliance were compelled to prove they 
     had taken action to remedy these infractions.
       (B) Federal contractors were required to give their 
     employees pay stubs each pay period documenting hours, 
     overtime, and wages to prevent wage theft.
       (C) To protect workers from discrimination or harassment, 
     the executive order prohibited the use of forced arbitration 
     agreements in employment contracts by companies with large 
     Federal contracts of $1,000,000 or more.
       (8) Parties who contract with the Federal Government should 
     ensure that they understand and comply with labor laws, which 
     are designed to promote safe, healthy, fair, and effective 
     workplaces.
       (9) Contractors and subcontractors that consistently adhere 
     to labor laws are more likely to have workplace practices 
     that enhance productivity and increase the likelihood of 
     timely, predictable, and satisfactory delivery of goods and 
     services to the Federal Government.

     SEC. 899J. STATEMENT OF POLICY.

       It is the policy of the United States that the Federal 
     Government shall promote economy and efficiency in 
     procurement by awarding contracts to contractors that promote 
     safe, healthy, fair, and effective workplaces through 
     compliance with labor laws, and by promoting opportunities 
     for contractors to do the same when awarding subcontracts.

     SEC. 899K. REQUIRED PRE-CONTRACT AWARD ACTIONS.

       (a) Disclosures.--The head of an executive agency shall 
     ensure that the solicitation for a covered contract requires 
     the offeror--
       (1) to represent, to the best of the offeror's knowledge 
     and belief, whether there has been any administrative merits 
     determination, arbitral award or decision, or civil judgment, 
     as defined in guidance issued by the Secretary of Labor, 
     rendered against the offeror in the preceding 3 years for 
     violations of--
       (A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
     seq.);
       (B) the Occupational Safety and Health Act of 1970 (29 
     U.S.C. 651 et seq.);
       (C) the Migrant and Seasonal Agricultural Worker Protection 
     Act (29 U.S.C. 1801 et seq.);
       (D) the National Labor Relations Act (29 U.S.C. 151 et 
     seq.);
       (E) subchapter IV of chapter 31 of title 40, United States 
     Code (commonly known as the ``Davis-Bacon Act'');
       (F) chapter 67 of title 41, United States Code (commonly 
     known as the ``Service Contract Act'');
       (G) Executive Order 11246 (42 U.S.C. 2000e note; relating 
     to equal employment opportunity);
       (H) section 503 of the Rehabilitation Act of 1973 (29 
     U.S.C. 793);
       (I) section 4212 of title 38, United States Code;
       (J) the Family and Medical Leave Act of 1993 (29 U.S.C. 
     2601 et seq.);
       (K) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.);
       (L) the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.);
       (M) the Age Discrimination in Employment Act of 1967 (29 
     U.S.C. 621 et seq.);
       (N) Executive Order 13658 (79 Fed. Reg. 9851; relating to 
     establishing a minimum wage for contractors); or
       (O) equivalent State laws, as defined in guidance issued by 
     the Secretary of Labor;
       (2) to require each subcontractor for a covered 
     subcontract--
       (A) to represent, to the best of the subcontractor's 
     knowledge and belief, whether there has been any 
     administrative merits determination, arbitral award or 
     decision, or civil judgment, as defined in guidance issued by 
     the Department of Labor, rendered against the subcontract in 
     the preceding three years for violations of any of the labor 
     laws and executive orders listed under paragraph (1); and
       (B) to update such information every 6 months for the 
     duration of the subcontract; and
       (3) to consider the information submitted by a 
     subcontractor pursuant to paragraph (2) in determining 
     whether the subcontractor is a responsible source with a 
     satisfactory record of integrity and business ethics--
       (A) prior to awarding the subcontract; or
       (B) in the case of a subcontract that is awarded or will 
     become effective within 5 days of the prime contract being 
     awarded, not later than 30 days after awarding the 
     subcontract.
       (b) Pre-award Corrective Measures.--
       (1) In general.--A contracting officer, prior to awarding a 
     covered contract, shall, as part of the responsibility 
     determination, provide an offeror who makes a disclosure 
     pursuant to subsection (a) an opportunity to report any steps 
     taken to correct the violations of or improve compliance with 
     the labor laws listed in paragraph (1) of such subsection, 
     including any agreements entered into with an enforcement 
     agency.
       (2) Consultation.--The executive agency's Labor Compliance 
     Advisor designated pursuant to section 899M, in consultation 
     with relevant enforcement agencies, shall advise the 
     contracting officer whether agreements are in place or are 
     otherwise needed to address appropriate remedial measures, 
     compliance assistance, steps to resolve issues to avoid

[[Page S5764]]

     further violations, or other related matters concerning the 
     offeror.
       (3) Responsibility determination.--The contracting officer, 
     in consultation with the executive agency's Labor Compliance 
     Advisor, shall consider information provided by the offeror 
     under this subsection in determining whether the offeror is a 
     responsible source with a satisfactory record of integrity 
     and business ethics. The determination shall be based on the 
     guidelines established by the Department of Labor under 
     subsection (b)(1) of section 899N and the Federal Acquisition 
     Regulatory Council under subsection (a) of such section.
       (c) Referral of Information to Suspension and Debarment 
     Officials.--As appropriate, contracting officers, in 
     consultation with their executive agency's Labor Compliance 
     Advisor, shall refer matters related to information provided 
     pursuant to paragraphs (1) and (2) of subsection (a) to the 
     executive agency's suspension and debarment official in 
     accordance with agency procedures.

     SEC. 899L. POST-AWARD CONTRACT ACTIONS.

       (a) Information Updates.--The contracting officer for a 
     covered contract shall require that the contractor update the 
     information provided under paragraphs (1) and (2) of section 
     899K(a) every 6 months.
       (b) Corrective Actions.--
       (1) Prime contract.--The contracting officer, in 
     consultation with the Labor Compliance Advisor designated 
     pursuant to section 899M, shall determine whether any 
     information provided under subsection (a) warrants corrective 
     action. Such action may include--
       (A) an agreement requiring appropriate remedial measures;
       (B) compliance assistance;
       (C) resolving issues to avoid further violations;
       (D) the decision not to exercise an option on a contract or 
     to terminate the contract;
       (E) referral to the agency suspending and debarring 
     official; or
       (F) such other action as the contracting officer deems 
     appropriate.
       (2) Subcontracts.--The prime contractor for a covered 
     contract, in consultation with the Labor Compliance Advisor, 
     shall determine whether any information provided under 
     section 899K(a)(2) warrants corrective action, including 
     remedial measures, compliance assistance, and resolving 
     issues to avoid further violations.
       (3) Department of labor.--The Department of Labor shall, as 
     appropriate, inform executive agencies of its investigations 
     of contractors and subcontractors on current Federal 
     contracts for purposes of determining the appropriateness of 
     actions described under paragraphs (1) and (2).

     SEC. 899M. LABOR COMPLIANCE ADVISORS.

       (a) In General.--Each executive agency shall designate a 
     senior official to act as the agency's Labor Compliance 
     Advisor.
       (b) Duties.--The Labor Compliance Advisor shall--
       (1) meet quarterly with the Deputy Secretary, Deputy 
     Administrator, or equivalent executive agency official with 
     regard to matters covered under this subtitle;
       (2) work with the acquisition workforce, agency officials, 
     and agency contractors to promote greater awareness and 
     understanding of labor law requirements, including record 
     keeping, reporting, and notice requirements, as well as best 
     practices for obtaining compliance with these requirements;
       (3) coordinate assistance for executive agency contractors 
     seeking help in addressing and preventing labor violations;
       (4) in consultation with the Department of Labor or other 
     relevant enforcement agencies, and pursuant to section 
     899K(b) as necessary, provide assistance to contracting 
     officers regarding appropriate actions to be taken in 
     response to violations identified prior to or after contracts 
     are awarded, and address complaints in a timely manner, by--
       (A) providing assistance to contracting officers and other 
     executive agency officials in reviewing the information 
     provided pursuant to subsections (a) and (b) of section 899K 
     and section 899L(a), or other information indicating a 
     violation of a labor law in order to assess the serious, 
     repeated, willful, or pervasive nature of any violation and 
     evaluate steps contractors have taken to correct violations 
     or improve compliance with relevant requirements;
       (B) helping agency officials determine the appropriate 
     response to address violations of the requirements of the 
     labor laws listed in section 899K(a)(1) or other information 
     indicating such a labor violation (particularly serious, 
     repeated, willful, or pervasive violations), including 
     agreements requiring appropriate remedial measures, decisions 
     not to award a contract or exercise an option on a contract, 
     contract termination, or referral to the executive agency 
     suspension and debarment official;
       (C) providing assistance to appropriate executive agency 
     officials in receiving and responding to, or making referrals 
     of, complaints alleging violations by agency contractors and 
     subcontractors of the requirements of the labor laws listed 
     in section 899K(a)(1); and
       (D) supporting contracting officers, suspension and 
     debarment officials, and other agency officials in the 
     coordination of actions taken pursuant to this subsection to 
     ensure agency-wide consistency, to the extent practicable;
       (5) as appropriate, send information to agency suspension 
     and debarment officials in accordance with agency procedures;
       (6) consult with the agency's Chief Acquisition Officer and 
     Senior Procurement Executive, and the Department of Labor as 
     necessary, in the development of regulations, policies, and 
     guidance addressing labor law compliance by contractors and 
     subcontractors;
       (7) make recommendations to the agency to strengthen agency 
     management of contractor compliance with labor laws;
       (8) publicly report, on an annual basis, a summary of 
     agency actions taken to promote greater labor compliance, 
     including the agency's response pursuant to this order to 
     serious, repeated, willful, or pervasive violations of the 
     requirements of the labor laws listed in section 899K(a)(1); 
     and
       (9) participate in the interagency meetings regularly 
     convened by the Secretary of Labor pursuant to section 
     899N(b)(2)(C).

     SEC. 899N. MEASURES TO ENSURE GOVERNMENT-WIDE CONSISTENCY.

       (a) Federal Acquisition Regulation.--The Federal 
     Acquisition Regulatory Council, in consultation with the 
     Director of the Office of Management and Budget and the 
     Secretary of Labor, shall amend the Federal Acquisition 
     Regulation--
       (1) to identify, for the purpose of integrity and business 
     ethics determinations made by contracting officers and 
     contractors (with respect to subcontractors), considerations 
     for determining the significance of serious, repeated, 
     willful, or pervasive violations of the labor laws listed in 
     section 899K(a)(1);
       (2) to provide that, subject to the determination of the 
     executive agency, in most cases a single violation of law may 
     not necessarily give rise to a determination of lack of 
     responsibility, depending on the nature of the violation;
       (3) ensure appropriate consideration is given to any 
     remedial measures or mitigating factors, including any 
     agreements by contractors or other corrective action taken to 
     address violations; and
       (4) ensure that contracting officers and Labor Compliance 
     Advisors send information, as appropriate, to suspension and 
     debarment officials.
       (b) Department of Labor.--
       (1) Guidance.--
       (A) In general.--The Secretary of Labor (in this subsection 
     referred to as the ``Secretary'') shall develop guidance, in 
     consultation with the executive agencies responsible for 
     enforcing the requirements of the labor laws listed in 
     section 899K(a)(1), to assist such agencies in determining 
     whether administrative merits determinations, arbitral awards 
     or decisions, or civil judgments were issued for serious, 
     repeated, willful, or pervasive violations of such 
     requirements for purposes of implementation of any final rule 
     issued by the Federal Acquisition Regulatory Council pursuant 
     to this subtitle.
       (B) Standards.--Such guidance shall--
       (i) where available, incorporate existing statutory 
     standards for assessing whether a violation is serious, 
     repeated, willful, or pervasive; and
       (ii) where no such statutory standards exist, develop 
     standards that take into account--

       (I) for determining whether a violation is ``serious'' in 
     nature, the number of employees affected, the degree of risk 
     posed or actual harm caused by the violation to health, 
     safety, or well-being of a worker, the amount of damages 
     incurred or fines or penalties assessed with regard to the 
     violation, and other considerations as the Secretary 
     determines appropriate;
       (II) for determining whether a violation is ``repeated'' in 
     nature, whether the entity has had one or more additional 
     violations of the same or a substantially similar requirement 
     during the previous 3 years;
       (III) for determining whether a violation is ``willful'' in 
     nature, whether the entity knew of, showed reckless disregard 
     for, or acted with plain indifference to the matter of 
     whether its conduct was prohibited by the requirements of the 
     labor laws listed in section 899K(a)(1); and
       (IV) for determining whether a violation is ``pervasive'' 
     in nature, the number of violations of such a requirement, or 
     the aggregate number of violations of such requirements, in 
     relation to the size of the entity.

       (2) Additional activities and labor compliance 
     agreements.--The Secretary shall--
       (A) develop a process--
       (i) for the Labor Compliance Advisors designated pursuant 
     to section 899M to consult with the Secretary in carrying out 
     their responsibilities under section 899M(b)(4);
       (ii) by which contracting officers and Labor Compliance 
     Advisors may give appropriate consideration to determinations 
     and agreements made by the Secretary and the heads of other 
     executive agencies; and
       (iii) by which contractors may enter into agreements 
     regarding steps a prospective contractor will take to ensure 
     compliance with applicable labor laws (as described in 
     section 899K of this Act) with the Secretary, or the head of 
     another executive agency, prior to being considered for a 
     contract;
       (B) review data collection requirements and processes, and 
     work with the Director of the Office of Management and 
     Budget, the Administrator for General Services, and other 
     agency heads to improve such requirements and processes, as 
     necessary, to reduce the burden on contractors and increase 
     the amount of information available to executive agencies;
       (C) regularly convene interagency meetings of Labor 
     Compliance Advisors to share and promote best practices for 
     improving labor law compliance; and

[[Page S5765]]

       (D) designate an appropriate contact for executive agencies 
     seeking to consult with the Secretary with respect to the 
     requirements and activities under this subtitle.
       (c) Office of Management and Budget.--The Director of the 
     Office of Management and Budget shall--
       (1) work with the Administrator of General Services to 
     include in the Federal Awardee Performance and Integrity 
     Information System the information provided by contractors 
     pursuant to sections 899K(a)(1) and 899L(a) and data on the 
     resolution of any issues related to such information; and
       (2) designate an appropriate contact for agencies seeking 
     to consult with the Office of Management and Budget on 
     matters arising under this subtitle.
       (d) General Services Administration.--
       (1) In general.--The Administrator of General Services, in 
     consultation with other relevant executive agencies, shall 
     establish a single Internet website for Federal contractors 
     to use for all Federal contract reporting requirements under 
     this subtitle, as well as any other Federal contract 
     reporting requirements to the extent practicable.
       (2) Agency cooperation.--The heads of executive agencies 
     with covered contracts shall provide the Administrator of 
     General Services with the data necessary to maintain the 
     Internet website established under paragraph (1).
       (e) Minimizing Compliance Burden.--In amending the Federal 
     Acquisition Regulation pursuant to subsection (a) and 
     developing guidance pursuant to subsection (b), the Federal 
     Acquisition Regulatory Council and the Secretary of Labor, 
     respectively, shall minimize, to the extent practicable, the 
     burden on contractors and subcontractors of complying with 
     this subtitle, particularly small business concerns (as that 
     term is defined in section 3 of the Small Business Act (15 
     U.S.C. 632)) and small non-profit organizations.

     SEC. 899O. PAYCHECK TRANSPARENCY.

       (a) In General.--Each executive agency entering into a 
     covered contract, or covered subcontract, shall ensure that 
     provisions in solicitations for such contracts, or 
     subcontracts, and clauses in such contracts, or subcontracts, 
     shall provide that, for each pay period, contractors or 
     subcontractors provide each individual described in 
     subsection (b) with a document containing information with 
     respect to such individual for the pay period concerning 
     hours worked, overtime hours worked, pay, and any additions 
     made to or deductions made from pay.
       (b) Individuals Described.--An individual described in this 
     subsection is any individual performing work under a contract 
     or subcontract for which the executive agency is required to 
     maintain wage records under--
       (1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
     seq.);
       (2) subchapter IV of chapter 31 of title 40, United States 
     Code (commonly referred to as the ``Davis-Bacon Act'');
       (3) chapter 67 of title 41, United States Code (commonly 
     known as the ``Service Contract Act''); or
       (4) an applicable State law.
       (c) Exceptions.--
       (1) Employees exempt from overtime requirements.--The 
     document provided under subsection (a) to individuals who are 
     exempt under section 13 of the Fair Labor Standards Act of 
     1938 (29 U.S.C. 213) from the overtime compensation 
     requirements under section 7 of such Act (29 U.S.C. 207) 
     shall not be required to include a record of the hours worked 
     if the contractor or subcontractor informs the individual of 
     the status of such individual as exempt from such 
     requirements.
       (2) Substantially similar state laws.--The requirements 
     under this section shall be deemed to be satisfied if the 
     contractor or subcontractor complies with State or local 
     requirements that the Secretary of Labor has determined are 
     substantially similar to the requirements under this section.
       (d) Independent Contractors.--If the contractor or 
     subcontractor is treating an individual performing work under 
     a covered contract or subcontract as an independent 
     contractor, and not as an employee, the contractor or 
     subcontractor shall provide the individual a document 
     informing the individual of their status as an independent 
     contractor.

     SEC. 899P. COMPLAINT AND DISPUTE TRANSPARENCY.

       (a) In General.--
       (1) Contracts.--The head of an executive agency may not 
     enter into a contract for the procurement of property or 
     services valued in excess of $1,000,000 unless the contractor 
     agrees that any decision to arbitrate the claim of an 
     employee or independent contractor performing work under the 
     contract that arises under title VII of the Civil Rights Act 
     of 1964 (42 U.S.C. 2000e et seq.) or any tort related to or 
     arising out of sexual assault or sexual harassment may only 
     be made with the voluntary consent of the employee or 
     independent contractor after the dispute arises.
       (2) Subcontracts.--The Secretary shall require that a 
     contractor covered under paragraph (1) incorporate the 
     requirement under such subsection into each subcontract for 
     the procurement of property or services valued in excess of 
     $1,000,000 at any tier under the contract.
       (b) Exceptions.--
       (1) Contracts for commercial items and commercially 
     available off-the-shelf items.--The requirements under 
     subsection (a) do not apply to contracts or subcontracts for 
     the acquisition of commercial items or commercially available 
     off-the-shelf items (as those terms are defined in sections 
     103(1) and 104, respectively, of title 41, United States 
     Code).
       (2) Employees and independent contractors not covered.--The 
     requirements under subsection (a) do not apply with respect 
     to an employee or independent contractor who--
       (A) is covered by a collective bargaining agreement 
     negotiated between the contractor or subcontractor and a 
     labor organization representing the employee or independent 
     contractor; or
       (B) entered into a valid agreement to arbitrate claims 
     covered under such subsection before the contractor or 
     subcontractor bid on the contract covered under such 
     subsection, except that such requirements do apply--
       (i) if the contractor or subcontractor is permitted to 
     change the terms of the arbitration agreement with the 
     employee or independent contractor; or
       (ii) in the event the arbitration agreement is renegotiated 
     or replaced after the contractor or subcontractor bids on the 
     contract.

     SEC. 899Q. IMPLEMENTING REGULATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Federal Acquisition Regulatory Council shall, 
     in addition to carrying out section 899N(a), amend the 
     Federal Acquisition Regulation to carry out the other 
     provisions of this subtitle, including sections 899O and 
     899P.

     SEC. 899R. ANNUAL REPORT.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Labor shall submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives a report on actions taken pursuant to this 
     subtitle.
       (b) Information Included.--The report required under this 
     section shall include the following information:
       (1) The number of instances that each executive agency, in 
     accordance with sections 899K and 899L, required remedial 
     measures, decided not to award a contract or exercise an 
     option on a contract, terminated a contract, or referred an 
     entity to an agency suspension and disbarment official.
       (2) The number of unique contractors that were subject to 
     actions described in paragraph (1).

     SEC. 899S. SEVERABILITY.

       If any provision of this subtitle or the application of any 
     such provision to any person or circumstance is held to be 
     unconstitutional, the remaining provisions of this subtitle 
     and the application of such provisions to any person or 
     circumstance shall not be affected by such holding.

     SEC. 899T. RULES OF CONSTRUCTION.

       Nothing in this subtitle shall be construed as--
       (1) impairing or otherwise affecting the authority granted 
     by law to an executive agency or the head thereof;
       (2) impairing or otherwise affecting the functions of the 
     Director of the Office of Management and Budget relating to 
     budgetary, administrative, or legislative proposals; or
       (3) creating any right or benefit, substantive or 
     procedural, enforceable at law or in equity by any party 
     against the United States, its departments, agencies, or 
     entities, its officers, employees, or agents, or any other 
     person.
                                 ______
                                 
  SA 1076. Mr. INHOFE (for himself and Mr. King) submitted an amendment 
intended to be proposed to amendment SA 1003 proposed by Mr. McCain 
(for himself and Mr. Reed) 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 I, add the following:

     SEC. __. LIMITATION ON AVAILABILITY OF FUNDS FOR AERONAUTICAL 
                   MOBILE APPLICATION ARCHITECTURE.

       No funds authorized to be appropriated by this Act or 
     otherwise made available for fiscal year 2018 or any other 
     fiscal year may be used by the Department of Defense to 
     conduct an acquisition for electronic flight bag aviation 
     applications for Aeronautical Mobile Application Architecture 
     if commercial off-the-shelf aviation applications are 
     currently available.
                                 ______
                                 
  SA 1077. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 S5766]]


  

       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 1078. Mr. PORTMAN (for himself, Mr. Bennet, and Mrs. Shaheen) 
submitted an amendment intended to be proposed to amendment SA 1003 
proposed by Mr. McCain (for himself and Mr. Reed) 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 4601, in the item relating 
     to Washington Navy Yard AT/FP Land Acquisition, increase the 
     amount in the Senate Authorized column by $60,000,000.
       In the funding table in section 4601, in the item relating 
     to Subtotal Mil Con, Navy, increase the amount in the Senate 
     Authorized column by $60,000,000.
       In the funding table in section 4601, in the item relating 
     to Total Military Construction, increase the amount in the 
     Senate Authorized column by $60,000,000.
       In the funding table in section 4601, in the item relating 
     to Total Military Construction, Family Housing, and BRAC, 
     increase the amount in the Senate Authorized column by 
     $60,000,000.
                                 ______
                                 
  SA 1079. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 
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 (but not more than 10 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 1080. Mr. PERDUE (for himself, Mr. Wyden, and Mr. Sanders) 
submitted an amendment intended to be proposed to amendment SA 1003 
proposed by Mr. McCain (for himself and Mr. Reed) 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. ___. 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. 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.
       (e) Reports on Transfers.--Not later than 15 days before 
     the transfer of any amount pursuant subsection (c)(2) or 
     (d)(1)(B), 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, as applicable.
       (f) 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.
       (g) 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 1081. Mr. YOUNG (for himself, Mr. Murphy, and Mr. Heller) 
submitted an amendment intended to be proposed to amendment SA 1003 
proposed by Mr. McCain (for himself and Mr. Reed) 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 S5767]]


  

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

     SEC. ___. LIMITATION ON REFUELING OF AIRCRAFT OF SAUDI ARABIA 
                   FOR OPERATIONS IN YEMEN.

       (a) In General.--None of the funds authorized to be 
     appropriated by this Act may be obligated or expended for the 
     refueling of aircraft of Saudi Arabia for operations in Yemen 
     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) 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 1082. Mr. STRANGE (for himself, Mr. Peters, Ms. Baldwin, and Ms. 
Stabenow) submitted an amendment intended to be proposed to amendment 
SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 $600,000,000.
                                 ______
                                 
  SA 1083. Ms. DUCKWORTH submitted an amendment intended to be proposed 
to amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 
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 821, add the following:
       (c) Government Accountability Office Report on Frivolous 
     Bid Protest Standard.--Not later than 180 days after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report explaining 
     how the Government Accountability Office interprets and 
     implements subparagraph (A) of section 2340(a)(2) of title 
     10, United States Code, as added by subsection (a), and, if 
     warranted, providing recommendations on how to amend the 
     frivolous protest standard defined pursuant to such 
     subparagraph to make sure all relevant qualitative and 
     quantitative factors are taken into account.
                                 ______
                                 
  SA 1084. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 DEFENSE SEQUESTRATION.

       Section 251 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``Within'' and inserting 
     ``Subject to subsection (d), within'';
       (B) in paragraph (2), by striking ``Each'' and inserting 
     ``Subject to subsection (d), each'';
       (C) in paragraph (4), in the matter preceding subparagraph 
     (A), by striking ``If'' inserting ``Subject to subsection 
     (d), if'';
       (D) in paragraph (5), by striking ``If'' and inserting 
     ``Subject to subsection (d), if''; and
       (E) in paragraph (6), by striking ``If'' and inserting 
     ``Subject to subsection (d), if''; and
       (2) by adding at the end the following:
       ``(d) Exemption of Revised Security Category From 
     Sequestration.--
       ``(1) In general.--For fiscal year 2018, and each fiscal 
     year thereafter, if there is a breach within the revised 
     security category--
       ``(A) there shall not be a sequestration within the revised 
     security category; and
       ``(B) there shall be a sequestration within the revised 
     nonsecurity category in the amount necessary to eliminate the 
     breach within the revised security category.
       ``(2) Elimination of breach.--Any sequestration of the 
     revised nonsecurity category under this subsection shall be 
     implemented in accordance with subsection (a), as if the 
     amount of the breach were a breach within the revised 
     nonsecurity category.''.
                                 ______
                                 
  SA 1085. Mr. CORKER submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 342, line 16, insert after ``may'' the following: 
     ``, with the concurrence of the Secretary of State,''.
       On page 342, beginning on line 18, strike ``, with the 
     concurrence of the Secretary of State,''.
       On page 343, line 20, strike ``in consultation with'' and 
     insert ``with the concurrence of''.
       On page 343, line 25, strike ``in consultation with'' and 
     insert ``with the concurrence of''.
       On page 344, beginning on line 1, strike ``the 
     congressional defense committees'' and insert ``the Committee 
     on Armed Services and the Committee on Foreign Relations of 
     the Senate and the Committee on Armed Services and the 
     Committee on Foreign Affairs of the House of 
     Representatives''.
       On page 603, line 21, insert after ``may'' the following: 
     ``, with the concurrence of the Secretary of State,''.
       On page 606, line 21, strike ``the congressional defense 
     committees'' and insert ``the Committee on Armed Services, 
     the Committee on Foreign Relations, and the Committee on 
     Appropriations of the Senate and the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Committee 
     on Appropriations of the House of Representatives''.
       On page 632, line 14, strike ``the congressional defense 
     committees'' and insert ``the Committee on Armed Services, 
     the Committee on Foreign Relations, and the Committee on 
     Appropriations of the Senate and the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Committee 
     on Appropriations of the House of Representatives''.

       On page 643, beginning on line 6, strike ``the Committees 
     on Armed Services of the Senate and the House of 
     Representatives'' and insert ``the Committee on Armed 
     Services and the Committee on Foreign Relations of the Senate 
     and the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives''.
       On page 729, beginning on line 7, strike ``the 
     congressional defense committees'' and insert ``the Committee 
     on Armed Services, the Committee on Foreign Relations, and 
     the Committee on Appropriations of the Senate and the 
     Committee on Armed Services, the Committee on Foreign 
     Affairs, and the Committee on Appropriations of the House of 
     Representatives''.
                                 ______
                                 
  SA 1086. Mr. STRANGE (for himself, Mr. Peters, Ms. Stabenow, and Ms. 
Baldwin) submitted an amendment intended to be proposed to amendment SA 
1003 proposed by Mr. McCain (for himself and Mr. Reed) 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 $600,000,000.
       In line 999 of the funding table in section 4301, in the 
     item relating to Fuel Savings, increase the reduction $600 
     million.

[[Page S5768]]

  

                                 ______
                                 
  SA 1087. 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) Recognition.--The National Museum of World War II 
     Aviation in Colorado Springs, Colorado, is recognized as 
     America's National World War II Aviation Museum.
       (b) 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 1088. Mr. WYDEN (for himself, Mr. Merkley, and Mrs. Feinstein) 
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. ___. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE 
                   RESPONSE.

       (a) In General.--The Secretary of the Army and the 
     Secretary of the Air Force shall, in consultation with the 
     Chief of the National Guard Bureau, provide for training of 
     appropriate personnel of the National Guard on wildfire 
     response, with preference given to States with the most acres 
     of Federal forestlands administered by the U.S. Forest 
     Service or the Department of the Interior.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Department of Defense a total of 
     $10,000,000, in addition to amounts authorized to be 
     appropriated by sections 421 and 301, in order to carry out 
     the training required by subsection (a) and provide related 
     equipment.
       (c) Offset.--In the funding table in section 4101, in the 
     item relating to Fuzes, Procurement of Ammunition, Air Force, 
     decrease the amount in the Senate Authorized column by 
     $10,000,000.
                                 ______
                                 
  SA 1089. Mr. KAINE (for himself, Mr. Wicker, Mr. Thune, Mr. Nelson, 
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 title XVI, add the following:

              Subtitle F--Cyber Scholarship Opportunities

     SEC. 1661. SHORT TITLE.

       This subtitle may be cited as the ``Cyber Scholarship 
     Opportunities Act of 2017''.

     SEC. 1662. COMMUNITY COLLEGE CYBER PILOT PROGRAM AND 
                   ASSESSMENT.

       (a) Pilot Program.--Not later than 1 year after the date of 
     enactment of this subtitle, as part of the Federal Cyber 
     Scholarship-for-Service program established under section 302 
     of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 
     7442), the Director of the National Science Foundation, in 
     coordination with the Director of the Office of Personnel 
     Management, shall develop and implement a pilot program at 
     not more than 10, but at least 5, community colleges to 
     provide scholarships to eligible students who--
       (1) are pursuing associate degrees or specialized program 
     certifications in the field of cybersecurity; and
       (2)(A) have bachelor's degrees; or
       (B) are veterans of the armed forces.
       (b) Assessment.--Not later than 1 year after the date of 
     enactment of this subtitle, as part of the Federal Cyber 
     Scholarship-for-Service program established under section 302 
     of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 
     7442), the Director of the National Science Foundation, in 
     coordination with the Director of the Office of Personnel 
     Management, shall assess the potential benefits and 
     feasibility of providing scholarships through community 
     colleges to eligible students who are pursuing associate 
     degrees, but do not have bachelor's degrees.

     SEC. 1663. FEDERAL CYBER SCHOLARSHIP-FOR SERVICE PROGRAM 
                   UPDATES.

       (a) In General.--Section 302 of the Cybersecurity 
     Enhancement Act of 2014 (15 U.S.C. 7442) is amended--
       (1) by striking subsection (b)(3) and inserting the 
     following:
       ``(3) prioritize the employment placement of at least 80 
     percent of scholarship recipients in an executive agency (as 
     defined in section 105 of title 5, United States Code); and
       ``(4) provide awards to improve cybersecurity education at 
     the kindergarten through grade 12 level--
       ``(A) to increase interest in cybersecurity careers;
       ``(B) to help students practice correct and safe online 
     behavior and understand the foundational principles of 
     cybersecurity;
       ``(C) to improve teaching methods for delivering 
     cybersecurity content for kindergarten through grade 12 
     computer science curricula; and
       ``(D) to promote teacher recruitment in the field of 
     cybersecurity.'';
       (2) by amending subsection (d) to read as follows:
       ``(d) Post-award Employment Obligations.--Each scholarship 
     recipient, as a condition of receiving a scholarship under 
     the program, shall enter into an agreement under which the 
     recipient agrees to work for a period equal to the length of 
     the scholarship, following receipt of the student's degree, 
     in the cybersecurity mission of--
       ``(1) an executive agency (as defined in section 105 of 
     title 5, United States Code);
       ``(2) Congress, including any agency, entity, office, or 
     commission established in the legislative branch;
       ``(3) an interstate agency;
       ``(4) a State, local, or tribal government; or
       ``(5) a State, local, or tribal government-affiliated non-
     profit that is considered to be critical infrastructure (as 
     defined in section 1016(e) of the USA Patriot Act (42 U.S.C. 
     5195c(e)).'';
       (3) in subsection (f)--
       (A) by amending paragraph (3) to read as follows:
       ``(3) have demonstrated a high level of competency in 
     relevant knowledge, skills, and abilities, as defined by the 
     national cybersecurity awareness and education program under 
     section 401;''; and
       (B) by amending paragraph (4) to read as follows:
       ``(4) be a full-time student in an eligible degree program 
     at a qualified institution of higher education, as determined 
     by the Director of the National Science Foundation, except 
     that in the case of a student who is enrolled in a community 
     college, be a student pursuing a degree on a less than full-
     time basis, but not less than half-time basis; and''; and
       (4) by amending subsection (m) to read as follows:
       ``(m) Public Information.--
       ``(1) Evaluation.--The Director of the National Science 
     Foundation, in coordination with the Director of the Office 
     of Personnel Management, shall periodically evaluate and make 
     public, in a manner that protects the personally identifiable 
     information of scholarship recipients, information on the 
     success of recruiting individuals for scholarships under this 
     section and on hiring and retaining those individuals in the 
     public sector cyber workforce, including on--
       ``(A) placement rates;
       ``(B) where students are placed, including job titles and 
     descriptions;
       ``(C) student salary ranges for students not released from 
     obligations under this section;
       ``(D) how long after graduation they are placed;
       ``(E) how long they stay in the positions they enter upon 
     graduation;
       ``(F) how many students are released from obligations; and
       ``(G) what, if any, remedial training is required.
       ``(2) Reports.--The Director of the National Science 
     Foundation, in coordination with the Office of Personnel 
     Management, shall submit, at least once every 3 years, to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives a report, including the results 
     of the evaluation under paragraph (1) and any recent 
     statistics regarding the size, composition, and educational 
     requirements of the Federal cyber workforce.
       ``(3) Resources.--The Director of the National Science 
     Foundation, in coordination with the Director of the Office 
     of Personnel Management, shall provide consolidated and user-
     friendly online resources for prospective scholarship 
     recipients, including, to the extent practicable--
       ``(A) searchable, up-to-date, and accurate information 
     about participating institutions of higher education and job 
     opportunities related to the field of cybersecurity; and
       ``(B) a modernized description of cybersecurity careers.''.
       (b) Savings Provision.--Nothing in this section, or an 
     amendment made by this section, shall affect any agreement, 
     scholarship, loan, or repayment, under section 302 of the 
     Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), in 
     effect on the day before the date of enactment of this 
     subtitle.

     SEC. 1664. CYBERSECURITY TEACHING.

       Section 10(i) of the National Science Foundation 
     Authorization Act of 2002 (42 U.S.C. 1862n-1(i)) is amended--
       (1) by amending paragraph (5) to read as follows:
       ``(5) the term `mathematics and science teacher' means a 
     science, technology, engineering, mathematics, or computer 
     science, including cybersecurity, teacher at the elementary 
     school or secondary school level;''; and

[[Page S5769]]

       (2) by amending paragraph (7) to read as follows:
       ``(7) the term `science, technology, engineering, or 
     mathematics professional' means an individual who holds a 
     baccalaureate, master's, or doctoral degree in science, 
     technology, engineering, mathematics, or computer science, 
     including cybersecurity, and is working in or had a career in 
     such field or a related area; and''.
                                 ______
                                 
  SA 1090. 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 LEADERSHIP 
                   SCHOLARSHIPS.

       (a) In General.--The Secretary of the Army shall designate 
     a number of scholarships under the Army Senior Reserve 
     Officers' Training Corps (SROTC) program that are available 
     to students at minority-serving institutions as ``Lieutenant 
     Henry Ossian Flipper Leadership Scholarships''.
       (b) Number Designated.--The number of scholarships 
     designated pursuant to subsection (a) shall be the number the 
     Secretary determines appropriate to increase the number of 
     Senior Reserve Officers' Training Corps scholarships at 
     minority-serving institutions. In making the determination, 
     the Secretary shall give appropriate consideration to the 
     following:
       (1) The number of Senior Reserve Officers' Training Corps 
     scholarships available at all institutions participating on 
     the Senior Reserve Officer's Training Corps program.
       (2) The number of such minority-serving institutions that 
     offer the Senior Reserve Officers' Training Corps program to 
     their students.
       (c) Amount of Scholarship.--The Secretary may increase any 
     scholarship designated pursuant to subsection (a) to an 
     amount in excess of the amount of the Senior Reserve 
     Officers' Training Corps program scholarship that would 
     otherwise be offered at the minority-serving institution 
     concerned if the Secretary considers that a scholarship of 
     such increased amount is appropriate for the purpose of the 
     scholarship.
       (d) Minority-serving Institution Defined.--In this section, 
     the term ``minority-serving institution'' means an 
     institution of higher education described in section 371(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
                                 ______
                                 
  SA 1091. Mr. McCONNELL (for Mr. Wicker) proposed an amendment to the 
bill S. 129, to reauthorize and amend the National Sea Grant College 
Program Act, 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 ``National Sea Grant College 
     Program Amendments Act of 2017''.

     SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM 
                   ACT.

       Except as otherwise expressly provided, wherever in this 
     Act 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 Sea Grant College Program Act 
     (33 U.S.C. 1121 et seq.).

     SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY 
                   FELLOWSHIP.

       (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is 
     amended by striking ``may'' and inserting ``shall''.
       (b) Placements in Congress.--Such section is further 
     amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) In general.--The Secretary''; and
       (2) in paragraph (1), as designated by paragraph (1), in 
     the second sentence, by striking ``A fellowship'' and 
     inserting the following:
       ``(2) Placement priorities.--
       ``(A) In general.--In each year in which the Secretary 
     awards a legislative fellowship under this subsection, when 
     considering the placement of fellows, the Secretary shall 
     prioritize placement of fellows in the following:
       ``(i) Positions in offices of, or with Members on, 
     committees of Congress that have jurisdiction over the 
     National Oceanic and Atmospheric Administration.
       ``(ii) Positions in offices of Members of Congress that 
     have a demonstrated interest in ocean, coastal, or Great 
     Lakes resources.
       ``(B) Equitable distribution.--In placing fellows in 
     offices described in subparagraph (A), the Secretary shall 
     ensure that placements are equitably distributed among the 
     political parties.
       ``(3) Duration.--A fellowship''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall apply with respect to the first calendar year beginning 
     after the date of the enactment of this Act.
       (d) Sense of Congress Concerning Federal Hiring of Former 
     Fellows.--It is the sense of Congress that in recognition of 
     the competitive nature of the fellowship under section 208(b) 
     of the National Sea Grant College Program Act (33 U.S.C. 
     1127(b)), and of the exceptional qualifications of fellowship 
     awardees, the Secretary of Commerce, acting through the Under 
     Secretary of Commerce for Oceans and Atmosphere, should 
     encourage participating Federal agencies to consider 
     opportunities for fellowship awardees at the conclusion of 
     their fellowships for workforce positions appropriate for 
     their education and experience.

     SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO 
                   ACCEPT DONATIONS FOR NATIONAL SEA GRANT COLLEGE 
                   PROGRAM.

       (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 
     1123(c)(4)(E)) is amended to read as follows:
       ``(E) accept donations of money and, notwithstanding 
     section 1342 of title 31, United States Code, of voluntary 
     and uncompensated services;''.
       (b) Priorities.--The Secretary of Commerce, acting through 
     the Under Secretary of Commerce for Oceans and Atmosphere, 
     shall establish priorities for the use of donations accepted 
     under section 204(c)(4)(E) of the National Sea Grant College 
     Program Act (33 U.S.C. 1123(c)(4)(E)), and shall consider 
     among those priorities the possibility of expanding the Dean 
     John A. Knauss Marine Policy Fellowship's placement of 
     additional fellows in relevant legislative offices under 
     section 208(b) of that Act (33 U.S.C. 1127(b)), in accordance 
     with the recommendations under subsection (c) of this 
     section.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the National Sea Grant 
     College Program, in consultation with the National Sea Grant 
     Advisory Board and the Sea Grant Association, shall--
       (1) develop recommendations for the optimal use of any 
     donations accepted under section 204(c)(4)(E) of the National 
     Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and
       (2) submit to Congress a report on the recommendations 
     developed under paragraph (1).
       (d) Construction.--Nothing in this section shall be 
     construed to limit or otherwise affect any other amounts 
     available for marine policy fellowships under section 208(b) 
     of the National Sea Grant College Program Act (33 U.S.C. 
     1127(b)), including amounts--
       (1) accepted under section 204(c)(4)(F) of that Act (33 
     U.S.C. 1123(c)(4)(F)); or
       (2) appropriated pursuant to the authorization of 
     appropriations under section 212 of that Act (33 U.S.C. 
     1131).

     SEC. 5. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA 
                   GRANT ADVISORY BOARD REPORT.

       Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
       (1) in the heading, by striking ``Biennial'' and inserting 
     ``Periodic'';
       (2) by striking the first sentence and inserting the 
     following: ``The Board shall report to Congress at least once 
     every four years on the state of the national sea grant 
     college program and shall notify Congress of any significant 
     changes to the state of the program not later than two years 
     after the submission of such a report.''; and
       (3) in the second sentence, by adding before the end period 
     the following: ``and provide a summary of research conducted 
     under the program''.

     SEC. 6. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT 
                   COLLEGE PROGRAM.

       Section 204(b) (33 U.S.C. 1123(b)) is amended, in the 
     matter preceding paragraph (1), by inserting ``for research, 
     education, extension, training, technology transfer, and 
     public service'' after ``financial assistance''.

     SEC. 7. DESIGNATION OF NEW NATIONAL SEA GRANT COLLEGES AND 
                   SEA GRANT INSTITUTES.

       Section 207(b) (33 U.S.C. 1126(b)) is amended--
       (1) in the subsection heading, by striking ``Existing 
     Designees'' and inserting ``Additional Designations''; and
       (2) by striking ``Any institution'' and inserting the 
     following:
       ``(1) Notification to congress of designations.--
       ``(A) In general.--Not less than 30 days before designating 
     an institution, or an association or alliance of two or more 
     such institutions, as a sea grant college or sea grant 
     institute under subsection (a), the Secretary shall notify 
     Congress in writing of the proposed designation. The 
     notification shall include an evaluation and justification 
     for the designation.
       ``(B) Effect of joint resolution of disapproval.--The 
     Secretary may not designate an institution, or an association 
     or alliance of two or more such institutions, as a sea grant 
     college or sea grant institute under subsection (a) if, 
     before the end of the 30-day period described in subparagraph 
     (A), a joint resolution disapproving the designation is 
     enacted.
       ``(2) Existing designees.--Any institution''.

     SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE 
                   POLICY FELLOWSHIP.

       (a) In General.--During fiscal year 2017 and any fiscal 
     year thereafter, the head of any 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 that title, a qualified candidate described in 
     subsection (b) directly to a position with the

[[Page S5770]]

     Federal agency for which the candidate meets Office of 
     Personnel Management qualification standards.
       (b) Dean John A. Knauss Marine Policy Fellowship.--
     Subsection (a) applies with respect to a former recipient of 
     a Dean John A. Knauss Marine Policy Fellowship under section 
     208(b) of the National Sea Grant College Program Act (33 
     U.S.C. 1127(b)) who--
       (1) earned a graduate or post-graduate degree in a field 
     related to ocean, coastal, and Great Lakes resources or 
     policy from an accredited institution of higher education; 
     and
       (2) successfully fulfilled the requirements of the 
     fellowship within the executive or legislative branch of the 
     United States Government.
       (c) Limitation.--The direct hire authority under this 
     section shall be exercised with respect to a specific 
     qualified candidate not later than 2 years after the date 
     that the candidate completed the fellowship described in 
     subsection (b).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA 
                   GRANT COLLEGE PROGRAM.

       (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this title--
       ``(A) $75,600,000 for fiscal year 2017;
       ``(B) $79,380,000 for fiscal year 2018;
       ``(C) $83,350,000 for fiscal year 2019;
       ``(D) $87,520,000 for fiscal year 2020;
       ``(E) $91,900,000 for fiscal year 2021; and
       ``(F) $96,500,000 for fiscal year 2022.''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Priority activities for fiscal years 2017 through 
     2022.--In addition to the amounts authorized to be 
     appropriated under paragraph (1), there are authorized to be 
     appropriated $6,000,000 for each of fiscal years 2017 through 
     2022 for competitive grants for the following:
       ``(A) University research on the biology, prevention, and 
     control of aquatic nonnative species.
       ``(B) University research on oyster diseases, oyster 
     restoration, and oyster-related human health risks.
       ``(C) University research on the biology, prevention, and 
     forecasting of harmful algal blooms.
       ``(D) University research, education, training, and 
     extension services and activities focused on coastal 
     resilience and United States working waterfronts and other 
     regional or national priority issues identified in the 
     strategic plan under section 204(c)(1).
       ``(E) University research and extension on sustainable 
     aquaculture techniques and technologies.
       ``(F) Fishery research and extension activities conducted 
     by sea grant colleges or sea grant institutes to enhance, and 
     not supplant, existing core program funding.''.
       (b) Modification of Limitations on Amounts for 
     Administration.--Paragraph (1) of section 212(b) (33 U.S.C. 
     1131(b)) is amended to read as follows:
       ``(1) Administration.--
       ``(A) In general.--There may not be used for administration 
     of programs under this title in a fiscal year more than 5.5 
     percent of the lesser of--
       ``(i) the amount authorized to be appropriated under this 
     title for the fiscal year; or
       ``(ii) the amount appropriated under this title for the 
     fiscal year.
       ``(B) Critical staffing requirements.--
       ``(i) In general.--The Director shall use the authority 
     under subchapter VI of chapter 33 of title 5, United States 
     Code, and under section 210 of this title, to meet any 
     critical staffing requirement while carrying out the 
     activities authorized under this title.
       ``(ii) Exception from cap.--For purposes of subparagraph 
     (A), any costs incurred as a result of an exercise of 
     authority as described in clause (i) shall not be considered 
     an amount used for administration of programs under this 
     title in a fiscal year.''.
       (c) Allocation of Funding.--
       (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) 
     is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``With respect to sea grant colleges and sea grant 
     institutes'' and inserting ``With respect to sea grant 
     colleges, sea grant institutes, sea grant programs, and sea 
     grant projects''; and
       (B) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``funding among sea grant colleges and sea 
     grant institutes'' and inserting ``funding among sea grant 
     colleges, sea grant institutes, sea grant programs, and sea 
     grant projects''.
       (2) Repeal of requirements concerning distribution of 
     excess amounts.--Section 212 (33 U.S.C. 1131) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 10. TECHNICAL CORRECTIONS.

       The National Sea Grant College Program Act (33 U.S.C. 1121 
     et seq.) is amended--
       (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by 
     moving clause (vi) 2 ems to the right; and
       (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended 
     by section 6, in the third sentence, by striking ``The 
     Secretary shall'' and inserting the following:
       ``(3) Availability of resources of department of 
     commerce.--The Secretary shall''.

                          ____________________