[Congressional Record Volume 164, Number 84 (Tuesday, May 22, 2018)]
[House]
[Pages H4562-H4580]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019
The SPEAKER pro tempore. Pursuant to House Resolution 905 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5515.
Will the gentleman from Louisiana (Mr. Johnson) kindly resume the
chair.
{time} 1933
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 5515) to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes, with Mr. Johnson of Louisiana (Acting
Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose earlier today,
a request for a recorded vote on amendment No. 5 printed in House
Report 115-698 offered by the gentleman from California (Mr. Garamendi)
had been postponed.
Amendments En Bloc No. 1 Offered by Mr. Thornberry of Texas
Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 905, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 printed in House
Report 115-698, offered by Mr. Thornberry of Texas:
Amendment No. 6 Offered by Mr. Russell of Oklahoma
At the end of title XI, add the following:
SEC. 11__. EXPEDITED HIRING AUTHORITY FOR COLLEGE GRADUATES
AND POST-SECONDARY STUDENTS.
(a) In General.--Subchapter I of chapter 31 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 3115. Expedited hiring authority for college
graduates; competitive service
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(b) Appointment.--
``(1) In general.--The head of an agency may appoint,
without regard to any provision of sections 3309 through 3319
and 3330, a qualified individual to a position in the
competitive service classified in a professional or
administrative occupational category at the GS-11 level, or
an equivalent level, or below.
``(2) Restrictions.--An appointment under paragraph (1)
shall be made in accordance with regulations prescribed by
the Director.
``(c) Qualifications for Appointment.--The head of an
agency may make an appointment under subsection (b) only if
the individual being appointed--
``(1) has received a baccalaureate or graduate degree from
an institution of higher education;
``(2) applies for the position--
``(A) not later than 2 years after the date on which the
individual being appointed received the degree described in
paragraph (1); or
``(B) in the case of an individual who has completed a
period of not less than 4 years of obligated service in a
uniformed service, not later than 2 years after the date of
the discharge or release of the individual from that service;
and
``(3) meets each minimum qualification standard prescribed
by the Director for the position to which the individual is
being appointed.
``(d) Public Notice and Advertising.--
``(1) In general.--The head of an agency making an
appointment under subsection (b) shall publicly advertise
positions under this section.
``(2) Requirements.--In carrying out paragraph (1), the
head of an agency shall--
``(A) adhere to merit system principles;
``(B) advertise positions in a manner that provides for
diverse and qualified applicants; and
``(C) ensure potential applicants have appropriate
information relevant to the positions available.
``(e) Limitation on Appointments.--
``(1) In general.--Except as provided in paragraph (2), the
total number of employees that the head of an agency may
appoint under this section during a fiscal year may not
exceed the number equal to 15 percent of the number of
individuals that the agency head appointed during the
previous fiscal year to a position in the competitive service
classified in a professional or administrative occupational
category, at the GS-11 level, or an equivalent level, or
below, under a competitive examining procedure.
``(2) Exceptions.--Under a regulation prescribed under
subsection (f), the Director may establish a lower limit on
the number of individuals that may be appointed under
paragraph (1) of this subsection during a fiscal year based
on any factor the Director considers appropriate.
``(f) Regulations.--Not later than 180 days after the date
of enactment of the Direct Hire of Students and Recent
Graduates Act of 2017, the Director shall issue interim
regulations, with an opportunity for comment, for the
administration of this section.
``(g) Reporting.--
``(1) In general.--Not later than September 30 of each of
the first 3 fiscal years beginning after the date of
enactment of the Direct Hire of Students and Recent Graduates
Act of 2017, the head of an agency that makes an appointment
under this section shall submit to Congress a report
assessing the impact of the use of the authority provided
under this section during the fiscal year in which the report
is submitted.
``(1) In general.--Not later than September 30 of each of
the first 3 fiscal years beginning after the date of
enactment of the Direct Hire of Students and Recent Graduates
Act of 2017, the head of an agency that makes an appointment
under this section shall submit a report to--
``(A) Congress that assesses the impact of the use of the
authority provided under this section during the fiscal year
in which the report is submitted; and
``(B) the Director that contains data that the Director
considers necessary for the Director to assess the impact and
effectiveness of the authority described in subparagraph (A).
``(2) Content.--The head of an agency shall include in each
report under paragraph (1)--
[[Page H4563]]
``(A) the total number of individuals appointed by the
agency under this section, as well as the number of such
individuals who are--
``(i) minorities or members of other underrepresented
groups; or
``(ii) veterans;
``(B) recruitment sources;
``(C) the total number of individuals appointed by the
agency during the applicable fiscal year to a position in the
competitive service classified in a professional or
administrative occupational category at the GS-11 level, or
an equivalent level, or below; and
``(D) any additional data specified by the Director.
``(h) Special Provision Regarding the Department of
Defense.--
``(1) Authority.--Nothing in this section shall preclude
the Secretary of Defense from exercising any authority to
appoint a recent graduate under section 1106 of the National
Defense Authorization Act for Fiscal Year 2017 (10 U.S.C.
note prec. 1580), or any applicable successor statute.
``(2) Regulations.--Any regulations prescribed by the
Director for the administration of this section shall not
apply to the Department of Defense during the period ending
on the date on which the appointment authority of the
Secretary of Defense under section 1106 of the National
Defense Authorization Act for Fiscal Year 2017 (10 U.S.C.
note prec. 1580), or any applicable successor statute,
terminates.
``Sec. 3116. Expedited hiring authority for post-secondary
students; competitive service
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(3) Student.--The term `student' means an individual
enrolled or accepted for enrollment in an institution of
higher education who is pursuing a baccalaureate or graduate
degree on at least a part-time basis as determined by the
institution of higher education.
``(b) Appointment.--
``(1) In general.--The head of an agency may make a time-
limited appointment of a student, without regard to any
provision of sections 3309 through 3319 and 3330, to a
position in the competitive service at the GS-11 level, or an
equivalent level, or below for which the student is
qualified.
``(2) Restrictions.--An appointment under paragraph (1)
shall be made in accordance with regulations prescribed by
the Director.
``(c) Public Notice.--
``(1) In general.--The head of an agency making an
appointment under subsection (b) shall publicly advertise
positions available under this section.
``(2) Requirements.--In carrying out paragraph (1), the
head of an agency shall--
``(A) adhere to merit system principles;
``(B) advertise positions in a manner that provides for
diverse and qualified applicants; and
``(C) ensure potential applicants have appropriate
information relevant to the positions available.
``(d) Limitation on Appointments.--
``(1) In general.--Except as provided in paragraph (2), the
total number of students that the head of an agency may
appoint under this section during a fiscal year may not
exceed the number equal to 15 percent of the number of
students that the agency head appointed during the previous
fiscal year to a position in the competitive service at the
GS-11 level, or an equivalent level, or below.
``(2) Exceptions.--Under a regulation prescribed under
subsection (g), the Director may establish a lower limit on
the number of students that may be appointed under paragraph
(1) of this subsection during a fiscal year based on any
factor the Director considers appropriate.
``(e) Conversion.--The head of an agency may, without
regard to any provision of chapter 33 or any other provision
of law relating to the examination, certification, and
appointment of individuals in the competitive service,
convert a student serving in an appointment under subsection
(b) to a permanent appointment in the competitive service
within the agency without further competition if the
student--
``(1) has completed the course of study leading to the
baccalaureate or graduate degree;
``(2) has completed not less than 640 hours of current
continuous employment in an appointment under subsection (b);
and
``(3) meets the qualification standards for the position to
which the student will be converted.
``(f) Termination.--The head of an agency shall, without
regard to any provision of chapter 35 or 75, terminate the
appointment of a student appointed under subsection (b) upon
completion of the designated academic course of study unless
the student is selected for conversion under subsection (e).
``(g) Regulations.--Not later than 180 days after the date
of enactment of the Direct Hire of Students and Recent
Graduates Act of 2017, the Director shall issue interim
regulations, with an opportunity for comment, for the
administration of this section.
``(h) Reporting.--
``(1) In general.--Not later than September 30 of each of
the first 3 fiscal years beginning after the date of
enactment of the Direct Hire of Students and Recent Graduates
Act of 2017, the head of an agency that makes an appointment
under this section shall submit a report to--
``(A) Congress that assesses the impact of the use of the
authority provided under this section during the fiscal year
in which the report is submitted; and
``(B) the Director that contains data that the Director
considers necessary for the Director to assess the impact and
effectiveness of the authority described in subparagraph (A).
``(2) Content.--The head of an agency shall include in each
report under paragraph (1)--
``(A) the total number of individuals appointed by the
agency under this section, as well as the number of such
individuals who are--
``(i) minorities or members of other underrepresented
groups; or
``(ii) veterans;
``(B) recruitment sources;
``(C) the total number of individuals appointed by the
agency during the applicable fiscal year to a position in the
competitive service at the GS-11 level, or an equivalent
level, or below; and
``(D) any additional data specified by the Director.
``(i) Special Provision Regarding the Department of
Defense.--
``(1) Authority.--Nothing in this section shall preclude
the Secretary of Defense from exercising any authority to
appoint a post-secondary student under section 1106 of the
National Defense Authorization Act for Fiscal Year 2017 (10
U.S.C. note prec. 1580), or any applicable successor statute.
``(2) Regulations.--Any regulations prescribed by the
Director for the administration of this section shall not
apply to the Department of Defense during the period ending
on the date on which the appointment authority of the
Secretary of Defense under section 1106 of the National
Defense Authorization Act for Fiscal Year 2017 (10 U.S.C.
note prec. 1580), or any applicable successor statute,
terminates.''.
(b) Table of Sections Amendments.--The table of sections
for subchapter I of chapter 31 of title 5, United States
Code, is amended by adding at the end the following:
``3115. Expedited hiring authority for college graduates; competitive
service.
``3116. Expedited hiring authority for post-secondary students;
competitive service.''.
Amendment No. 7 Offered by Mr. Pearce of New Mexico
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. STRATEGIC PLAN FOR DEPARTMENT OF DEFENSE TEST AND
EVALUATION RESOURCES.
Section 196(d) of title 10, United States Code, is
amended--
(1) by amending paragraph (1) to read as follows: ``(1) Not
less often than once every two fiscal years, the Under
Secretary of Defense for Research and Engineering, in
coordination with the Director of the Defense Intelligence
Agency, the Secretaries of the military departments, and the
heads of Defense Agencies with test and evaluation
responsibilities, shall complete a strategic plan reflecting
the future needs of the Department of Defense with respect to
test and evaluation facilities and resources. Each strategic
plan shall cover the period of thirty fiscal years beginning
with the fiscal year in which the plan is submitted under
paragraph (3). The strategic plan shall be based on a
comprehensive review of both funded and unfunded test and
evaluation requirements of the Department, future threats to
national security, and the adequacy of the test and
evaluation facilities and resources of the Department to meet
those future requirements and threats.''; and
(2) in paragraph (2)(C), by striking ``needed to meet such
requirements'' and inserting ``needed to meet current and
future requirements based on current and emerging threats,
including, at minimum, missile defense, cyberspace
operations, direct energy, and hypersonics,''.
Amendment No. 8 Offered by Mr. Langevin of Rhode Island
At the end of title II, add the following new section:
SEC. 2__. INCREASE IN FUNDING FOR DIVERTOR TEST TOKAMAK
RESEARCH AND DEVELOPMENT.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4701 for Department of Energy
National Security Programs, as specified in the corresponding
funding table in section 4701, for research, development,
test, and evaluation, inertial confinement fusion ignition
and high yield, is hereby increased by $3,000,000 (to be used
for divertor test tokamak research and development).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4101 for procurement, as specified in
the corresponding funding table in section 4101, for
procurement of ammunition, Air Force, flares (Line 015) is
hereby reduced by $3,000,000.
Amendment No. 9 Offered by Ms. Sinema of Arizona
At the end of title II, add the following new section:
SEC. 2__. BRIEFING ON INNOVATIVE MOBILE SECURITY TECHNOLOGY
CAPABILITIES.
(a) Sense of Congress.--It is the sense of the Congress
that--
[[Page H4564]]
(1) government-owned mobile technologies remain at risk for
targeting or data breaches placing at risk information that
could harm national security; and
(2) further, these vulnerabilities exist because current
technologies do not possess the necessary security features
required to mitigate the threats of credential theft, active
surveillance from microphones and cameras, and tracking of
user movements and location.
(b) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on--
(1) threats posed by credential theft, active surveillance
from microphones and cameras, and tracking of user movements
and location;
(2) the commercial availability of technologies to mitigate
these threats; and
(3) strategies and feasibilities of deploying mobile
security technologies within the Department.
Amendment No. 10 Offered by Mr. Wilson of South Carolina
At the end of subtitle C of title III, insert the
following:
SEC. 3__. REPORT ON PILOT PROGRAM FOR MICRO-REACTORS.
(a) Report Required.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall develop
and submit to the Committee on Armed Services and the
Committee on Energy and Commerce in the House of
Representatives and the Committee on Armed Services and the
Committee on Energy and Natural Resources in the Senate a
report describing the requirements for, and components of, a
pilot program to provide resilience for critical national
security infrastructure at Department of Defense and
Department of Energy facilities by contracting with a
commercial entity to site, construct, and operate at least
one licensed micro-reactor at a facility identified under the
report by December 31, 2027.
(b) Consultation.--As necessary to develop the report
required under subsection (a), the Secretary shall consult
with--
(1) the Secretary of Defense;
(2) the Nuclear Regulatory Commission; and
(3) the Administrator of the General Services
Administration.
(c) Contents.--The report required under subsection (a)
shall include--
(1) identification of potential locations to site,
construct, and operate a micro-reactor at a Department of
Defense or Department of Energy facility that contains
critical national security infrastructure that the Secretary
determines may not be energy resilient;
(2) assessments of different nuclear technologies to
provide energy resiliency for critical national security
infrastructure;
(3) a survey of potential commercial stakeholders with
which to enter into a contract under the pilot program to
construct and operate a licensed micro-reactor;
(4) options to enter into long-term contracting, including
various financial mechanisms for such purpose;
(5) identification of requirements for micro-reactors to
provide energy resilience to mission-critical functions at
facilities identified under paragraph (1);
(6) an estimate of the costs of the pilot program;
(7) a timeline with milestones for the pilot program;
(8) an analysis of the existing authority of the Department
of Energy and Department of Defense to permit the siting,
construction, and operation of a micro-reactor; and
(9) recommendations for any legislative changes to the
authorities analyzed under paragraph (8) necessary for the
Department of Energy and the Department of Defense to permit
the siting, construction, and operation of a micro-reactor.
(d) Definitions.--In this section:
(1) The term ``critical national security infrastructure''
means any site or installation that the Secretary of Energy
or the Secretary of Defense determines supports critical
mission functions of the national security enterprise.
(2) The term ``licensed'' means holding a license under
section 103 or 104 of the Atomic Energy Act of 1954.
(3) The term ``micro-reactor'' means a nuclear reactor that
has a power production capacity that is not greater than 50
megawatts.
(4) The term ``pilot program'' means the pilot program
described in subsection (a).
(5) The term ``Secretary'' means Secretary of Energy.
(e) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified appendix.
(f) Limitations.--This Act does not authorize the
Department of Energy or Department of Defense to enter into a
contract with respect to the pilot program.
Amendment No. 11 Offered by Mr. Krishnamoorthi of Illinois
Page 83, line 12, strike ``and''.
Page 83, line 15, strike the period and insert ``; and''.
Page 83, after line 15, insert the following:
(E) may include the use of on-the-job training to ensure
participants are able to learn the skills necessary for
successful careers in additive manufacturing.
Amendment No. 12 Offered by Mr. Cartwright of Pennsylvania
At the end of subtitle D of title III, insert the
following:
SEC. 3__. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
The Secretary of Defense, in consultation with the heads of
each of the military departments and the Chairman of the
Joint Chiefs of Staff, shall submit to the congressional
defense committees a report on labor hours and depot
maintenance, which shall include--
(1) the amount of public and private funding of depot-level
maintenance and repair (as defined in section 2460 of title
10 United State Code) for the Department of Defense,, Army,
Navy, Marine Corps, Air Force, Special Operations Command,
and any other unified command identified by the Secretary,
expressed by commodity group by percentage and actual numbers
in terms of dollars and direct labor hours;
(2) within each category of depot level maintenance and
repair for each entities, the amount of the subset of depot
maintenance workload that meets the description under section
2464 of title 10, United States Code, that is performed in
the public and private sectors by direct labor hours and by
dollars;
(3) of the subset referred to in paragraph (2), the amount
of depot maintenance workload performed in the public and
private sector by direct labor hour and by dollars for each
entity that would otherwise be considered core workload under
such section 2462, but is not considered core because a
weapon system or equipment has not been declared a program of
record; and
(4) the projections for the upcoming future years defense
program, including the distinction between the Navy and the
Marine Corps for the Department of the Navy, as well as any
unified command, including the Special Operations Command.
Amendment No. 13 Offered by Mr. Ruiz of California
At the end of subtitle E of title III, add the following
new section:
SEC. 3__. STUDY ON PHASING OUT OPEN BURN PITS.
(a) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a study on the feasibility of phasing out the use
of open burn pits by using technology incinerators.
(b) Open Burn Pit Defined.--In this section, the term
``open burn pit'' means an area of land--
(1) that is designated by the Secretary of Defense to be
used for disposing solid waste by burning in the outdoor air;
and
(2) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for the burning of solid waste.
Amendment No. 14 Offered by Ms. Meng of New York
Page 107, line 17, strike ``while on active duty''.
Amendment No. 15 Offered by Mrs. Napolitano of California
Page 116, after line 2, insert the following new section:
SEC. 515. NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 509(k) of title 32, United States Code, is
amended--
(1) in the heading, by striking ``Report'' and inserting
``Reports'';
(2) by striking ``Within'' and inserting ``(1) Not later
than''; and
(3) by adding at the end the following new paragraph:
``(2) Not later than 120 days after the end of each fiscal
year, the Secretary of Defense shall evaluate the pilot Jobs
ChalleNGe Programs and submit a report of findings and
recommendations to Congress.''.
Amendment No. 16 Offered by Mrs. Napolitano of California
Page 116, after line 2, insert the following new section:
SEC. 515. NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 509(h) of title 32, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Equipment and facilities of the United States may be
transferred to the National Guard for purposes of carrying
out the Program.
``(3) Equipment and facilities of a State, county, or local
government entity may be transferred to the National Guard
for purposes of carrying out the Program.''.
Amendment No. 17 Offered by Mr. Pascrell of New Jersey
At the end of subtitle I of title V, add the following new
section:
SEC. 5__. INCLUSION OF BLAST EXPOSURE HISTORY IN SERVICE
RECORDS.
The Secretary of Defense shall ensure that blast exposure
history is included in the service records of members of the
Armed Forces in a manner that will assist in determining
whether a future illness or injury is service connected.
Amendment No. 18 Offered by Mr. Gonzalez of Texas
At the end of subtitle I of title V, add the following new
section:
SEC. 5__. CYBERSECURITY EDUCATIONAL PROGRAMS AND AWARENESS IN
JUNIOR RESERVE OFFICER TRAINING CORPS.
The Secretaries of the military departments shall encourage
the Junior Reserve
[[Page H4565]]
Officer Training Corps to include cybersecurity educational
programs and awareness in the curriculum of the Corps,
including lessons on cyber defense, risks of cybersecurity
vulnerabilities in the military, and pursuing studies and
careers in cybersecurity and related fields within the
Department of Defense.
Amendment No. 19 Offered by Mr. Heck of Washington
At the end of subtitle I of title V, insert the following:
SEC. 5__. PUBLICATION OF GUIDANCE AND INFORMATION ON HOUSING
MARKETS NEAR CERTAIN MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense shall develop and
make publicly available guidance and information about the
housing market around military installations in the
continental United States. Such guidance and information
shall be designed to assist members of the Armed Forces in
better using their basic allowance for housing.
(b) Matters for Inclusion.--The information and guidance
under subsection (a) shall include--
(1) information on the housing market around the
installation, including--
(A) information about deciding whether to rent or buy,
including taking into consideration the average deployment
cycle for that military installation and permanent change of
station timelines;
(B) information about houses and apartments;
(C) considerations of living with a roommate; and
(D) information about working with and through a landlord;
(2) suggested bedroom and bathroom and square footage for
each basic allowance for housing category;
(3) recommended zip codes in which to look for properties;
(4) information about the availability of public
transportation;
(5) average commute times to military installation and wait
times at nearest gate; and
(6) a list of realtors and real estate brokers who work in
the area, including any complaints registered against such
realtors and brokers.
(c) GAO Report.--The Comptroller General of the United
States shall submit to Congress a report on a review of the
Comptroller General of the rate setting procedure for basic
allowance for housing. Such review shall cover how the
Department of Defense collects basic allowance for housing
data and shall include an analysis of each of the following:
(1) Whether the process in use is the most efficient
process.
(2) Whether the information collected is publically
available elsewhere.
(3) Whether the data collected reflects what is available
through open source methods.
(4) How basic allowance for housing rates and cost of
living adjustments are interrelated.
(5) Whether members of the Armed Forces about whom data is
collected are receiving loan protections on interest rates
pursuant to the Servicemembers Civil Relief Act.
(6) Whether such members of the Armed Forces experience
issues when they need to break leases for a deployment or
permanent change of station.
Amendment No. 20 Offered by Mr. Welch of Vermont
In title V, at the end of subtitle I add the following:
SEC. ___. ASSISTANCE OF STATES FOR DEPLOYMENT-RELATED SUPPORT
OF MEMBERS OF THE ARMED FORCES UNDERGOING
DEPLOYMENT AND THEIR FAMILIES BEYOND THE YELLOW
RIBBON REINTEGRATION PROGRAM.
Section 582 of the National Defense Authorization Act for
Fiscal Year 2008 (10 U.S.C. 10101 note) is amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Support Beyond Program.--The Secretary of Defense
shall provide funding to States to carry out programs that
provide deployment cycle information, services, and referrals
to members of the Armed Forces, including members of the
regular components and members of the reserve components, and
the families of such members, throughout the deployment
cycle. Such programs may include the provision of access to
outreach services, including the following:
``(1) Employment counseling.
``(2) Behavioral health counseling.
``(3) Suicide prevention.
``(4) Housing advocacy.
``(5) Financial counseling.
``(6) Referrals for the receipt of other related
services.''.
Amendment No. 21 Offered by Mr. Soto of Florida
Page 133, line 7, insert, after ``review.'', the following:
``The Secretary of the Army shall ensure that all records of
any request, determination, or action under this subsection
remains confidential.''.
Page 134, line 9, insert, after ``review.'', the following:
``The Secretary of the Navy shall ensure that all records of
any request, determination, or action under this subsection
remains confidential.''.
Page 135, line 10, insert, after ``review.'', the
following: ``The Secretary of the Air Force shall ensure that
all records of any request, determination, or action under
this subsection remains confidential.''.
Amendment No. 22 Offered by Ms. Etsy of Connecticut
At the end of subtitle E of title V, insert the following
new section:
SEC. 547. DEFINITION OF MILITARY SEXUAL TRAUMA.
(a) In General.--The Secretaries of Defense and Veterans
Affairs shall establish a joint definition of ``military
sexual trauma'' for their respective Departments to use in
all aspects of delivering care and benefits to members of the
Armed Forces and veterans who have suffered that crime.
(b) Report.--The Secretaries shall submit to Congress a
report on their efforts under subsection (a), including
legislative recommendations, not later than 180 days after
the date of the enactment of this Act.
The Acting CHAIR. Pursuant to House Resolution 905, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chair, I am pleased to yield 2 minutes to the
gentleman from Pennsylvania (Mr. Smucker).
Mr. SMUCKER. Mr. Chair, I rise today to support the National Defense
Authorization Act and thank the chairman of the committee for this
bipartisan legislation which supports our troops, enhances military
readiness, and provides for the defense of our Nation.
I also encourage my colleagues to support my amendments, Nos. 43 and
48, to the NDAA. My amendments seek to improve the mental health
services provided by the Department of Defense so our troops receive
only the best treatment.
It comes as no surprise that the high levels of violence and trauma
our servicemembers experience is cause for negative impacts on their
mental health. Our soldiers suffer from major depression at a rate five
times higher than the civilian population rate. Additionally, their
diagnosis of post-traumatic stress disorder was approximately 15 times
greater than the general population.
Congress can help. Currently, there is a serious shortage of mental
health providers at the DOD. Our troops are paying the price, but they
don't have to. One of my amendments would help identify the scope of
the workforce problem at DOD and ensure that an effective strategy is
in place so our Nation's troops have full access to qualified mental
health providers.
My other amendment would require the DOD to establish a monitoring
program carried out by each branch of the armed services to conduct
periodic reviews of the medication prescribing practices of its own
providers to treat PTSD. This monitoring program will help ensure that
every military branch is regularly monitoring the medications
prescribed to treat PTSD to ensure that our troops are getting the
proper treatment.
Some of the greatest wounds inflicted upon our brave servicemen and -
women are unseen. We should be doing everything possible to ensure that
we are treating these wounds as we would any other.
I urge my colleagues to support my amendments on behalf of the
servicemembers and military families that we represent.
Mr. SMITH of Washington. Mr. Chair, I am pleased to yield 1\1/2\
minutes to the gentleman from California (Mr. Ruiz).
Mr. RUIZ. Mr. Chair, open-air burn pits pose serious health risks to
our troops; yet, still to this day, our military uses them to dispose
of waste and equipment--like human waste, plastics, computers, and jet
fuel--on the battlefield.
I am a board certified emergency physician and a public health
expert, and in public health and in the medical field, we know that, if
there is a high enough suspicion with a severe enough illness, which we
have with veterans developing rare and permanently severely disabling
pulmonary autoimmune diseases and dying of cancer, then we need to act
on that suspicion.
We can start to do that by doing these three things: one, stop our
troops' exposure to dangerous burn pits out on the battlefield; two,
conduct public health education for doctors and veterans to train them
to recognize subtle changes in their health, help to catch cancer at an
early stage when it
[[Page H4566]]
can still be treated, and save lives; and third, get our veterans and
servicemembers the medical treatment they need quickly and ensure it is
covered by the VA or the DOD.
My amendment will help accomplish this first step by directing the
Department of Defense to conduct a feasibility study on ending the use
of dangerous burn pits by using incinerators or other technology. I
thank the committee leadership for their support of this amendment and
on this emerging health crisis for our veterans. I urge a ``yes'' vote
to help save our veterans' and men and women in uniforms' lives.
Mr. THORNBERRY. Mr. Chair, I reserve the balance of my time on this
amendment.
Mr. SMITH of Washington. Mr. Chair, I yield 1 minute to the gentleman
from Illinois (Mr. Schneider).
Mr. SCHNEIDER. Mr. Chair, Iran's destabilizing activities in the
Middle East are not a new phenomenon. However, of late, their malign
influence has dramatically expanded and intensified in Yemen, in Iraq,
in Lebanon, and, perhaps of greatest immediate concern, the
establishment of a potentially permanent foothold in Syria.
Such a presence enables Iran's increasing support for Hezbollah,
including not only weapons transfers, but also assistance in building
an indigenous rocket-producing capacity. I therefore appreciate the
work of the House Armed Services Committee in including a provision
authorizing the Secretaries of Defense and State to develop and
implement a strategy with foreign partners to counter Iran's
destabilizing activities.
My first amendment would ensure the strategy includes specific
countries in which Iran is operating, an assessment of their
destabilizing activities, and the implications thereof.
My second amendment would require a report on Iran's support for
proxy forces in Syria and Lebanon and an assessment of the threat posed
to Israel, other regional allies, and U.S. interests. It is important
to know where Iran is operating, what exactly they are doing, who they
are backing, and how this impacts the United States and our allies.
Mr. Chair, I thank the chairman and ranking member for their support
for my bipartisan amendments.
Mr. THORNBERRY. Mr. Chair, I am pleased to yield 1 minute to the
gentlewoman from Puerto Rico (Miss Gonzalez-Colon).
Miss GONZALEZ-COLON of Puerto Rico. Mr. Chair, I rise in support of
the bloc of amendments, and amendment 41, for the Department of Defense
to gather the data necessary to successfully extend the TRICARE Prime
healthcare benefit to Puerto Rico to meet the needs of our retired
military families on the same basis as in the mainland.
More than 200,000 Puerto Ricans have served in all branches to date,
and the VA has registered almost 100,000 veterans residing in Puerto
Rico, yet they face disparity in benefits. TRICARE treats Puerto Rico
as an overseas location, with fees and copays higher than what they
would be for Prime. Dependents of retired veterans in Puerto Rico
either get fewer benefits or pay more.
Puerto Rican veterans have fought, bled, and died side by side with
their comrades in arms from the whole Nation. The information required
through this amendment will support the decision to finally do justice
for our servicemembers and veterans.
Mr. Chair, I support this amendment.
Mr. SMITH of Washington. Mr. Chair, I yield 1\1/2\ minutes to the
gentleman from California (Mr. Ruiz).
Mr. RUIZ. Mr. Chair, I want to thank the ranking member and the
chairman for their support of my efforts to help veterans and
servicemembers who have been exposed to burn pits.
We have a responsibility to protect the health of our men and women
in uniform and veterans from the harmful health effects of exposure to
burn pits, and we can start to do so by, first, stopping our troops'
exposure to these dangerous burn pits out on the battlefield; second,
conducting education and public health outreach to veterans and their
doctors; and third, getting our veterans and servicemembers the medical
treatment they need quickly and ensuring it is covered by the VA or the
DOD.
Earlier, we discussed my amendment that will address step one and
finally put an end to the use of dangerous burn pits on the
battlefield.
My second amendment will tackle step two, requiring the Department of
Defense to conduct an annual education and outreach campaign to
veterans exposed to burn pits and who are qualified to enroll in the
burn pits registry. This will improve our understanding of the
different health effects of exposure to burn pits and help raise
awareness for our veterans to be on the lookout for subtle changes in
their health that could be early signs of cancer.
Mr. Chair, again, I thank the committee for their support of this
amendment.
Mr. THORNBERRY. Mr. Chair, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I yield 1 minute to the gentleman
from Illinois (Mr. Schneider).
Mr. SCHNEIDER. Mr. Chair, we are still uncovering more troubling
evidence of the breadth, depth, and reach of Russia's interference in
our most recent election, so I am pleased that the NDAA includes a
provision requiring a National Intelligence Estimate of interference by
Russia and China in democracies around the world, including our own.
While understanding this threat is an important first step, we also
need to take action to ensure we are doing everything possible to
secure our own elections and defend the integrity of our democracy.
My amendment would add a requirement that, following the submission
of the NIE, the Secretary of Defense shall report to Congress on the
specific efforts by the Department of Defense to deter such
interference both at home and abroad.
Protecting our elections, the foundation of our democracy, and those
of our allies from outside influence by malign foreign actors is of
paramount importance.
Mr. Chair, I thank the chairman and the ranking member for including
my amendment in this en bloc passage.
Mr. THORNBERRY. Mr. Chair, I continue to reserve the balance of my
time.
Mr. SMITH of Washington. We have no further speakers on en bloc No.
1.
Mr. Chair, I yield back the balance of my time.
Mr. THORNBERRY. I also urge support for en bloc No. 1.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.
{time} 1945
Amendments En Bloc No. 2 Offered by Mr. Thornberry of Texas
Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 905, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 23, 24, 25, 26,
27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and 38 printed in House
Report 115-698, offered by Mr. Thornberry of Texas:
amendment no. 23 offered by mr. soto of florida
Page 153, line 6, insert ``(including resources regarding
military sexual trauma)'' after ``resources''.
amendment no. 24 offered by ms. meng of new york
At the end of subtitle G of title V, insert the following:
SEC. ___. FLEXIBLE MATERNITY AND PARENTAL LEAVE.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall establish and implement
policies and procedures that permit a military parent to
take, if requested by the military parent, flexible and non-
continuous--
(1) maternity leave; and
(2) parental leave.
amendment no. 25 offered by mr. pocan of wisconsin
At the end of subtitle G of title V, insert the following
new section:
SEC. 566. REPORT ON WAGE DETERMINATION FOR CERTAIN PROGRAMS.
(a) Wage Determination.--The Secretary of Defense, acting
through the National Guard Bureau, shall coordinate with the
Secretary of Labor to obtain a wage determination under
section 6703(1) of title 41, United States Code, for all
contract workers under the following programs:
(1) Family Assistance Centers.
(2) Family Readiness and Support.
[[Page H4567]]
(3) Yellow Ribbon Reintegration Program.
(4) Recruit Sustainment Program.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
a report to the congressional defense committees regarding
the wage determinations described in subsection (a). The
report shall include a cost estimate of transferring all of
the programs named in subsection (a) to direct Federal
management.
amendment no. 26 offered by mr. schrader of oregon
At the appropriate place in title V, insert the following:
SEC. 5__. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION
PAY.
Section 1175a(j) of title 10, United States Code, is
amended--
(1) in paragraph (1) by striking ``paragraphs (2) and (3)''
and inserting ``paragraphs (2), (3), and (4)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) This subsection shall not apply to a member who--
``(A) is involuntarily recalled to active duty or full-time
National Guard duty; and
``(B) in the course of such duty, incurs a service-
connected disability rating of total under section 1155 of
title 38.''.
amendment no. 27 offered by mr. pearce of new mexico
At the appropriate place in title V, insert the following
new section:
SECTION 5__. SERVICE OF WOUNDED WARRIORS AS REMOTELY PILOTED
AIRCRAFT PILOTS OR REMOTELY PILOTED AIRCRAFT
SENSOR OPERATORS IN THE AIR FORCE.
(a) Program Required.--The Secretary of the Air Force shall
establish a program under which a qualified wounded warrior
who faces retirement or separation from the Armed Forces for
physical disability may continue, in lieu of such retirement
or separation, to serve in the Armed Forces as a remotely
piloted aircraft pilot or remotely piloted aircraft sensor
operator in the Air Force.
(b) Eligibility Qualifications.--
(1) Modification of physical requirements.--In the case of
wounded warriors only, the Secretary of the Air Force shall
modify the physical fitness requirements applicable to a
wounded warrior who is seeking to serve, or is serving, as a
remotely piloted aircraft pilot or remotely piloted aircraft
sensor operator if the wounded warrior is incapable of
meeting such requirements, such as completing an annual
physical training test, due to the service-related
disability, but otherwise satisfies the remotely piloted
aircraft medical standard.
(2) Medical waivers.--The restriction on medical waivers
contained in section 6.4.5.1 of Air Force Instruction 48-123
shall not apply to the program required by this section.
(3) Continued applicability of other requirements.--To
serve as a remotely piloted aircraft pilot or remotely
piloted aircraft sensor operator, a wounded warrior applicant
would still have to pass--
(A) the applicable Air Force Officer Qualifying Test or
Armed Services Vocational Aptitude Battery; and
(B) the applicable security and mental health requirements.
(4) Automatic disqualification.--A wounded warrior may not
be selected to serve, or continue to serve, as a remotely
piloted aircraft pilot or remotely piloted aircraft sensor
operator if the Secretary of the Air Force determines that--
(A) the wounded warrior presents a hazard to flying safety
or mission completion;
(B) performance of the duty would be hazardous to the
health of the wounded warrior; or
(C) the wounded warrior is diagnosed with post-traumatic
stress disorder, traumatic brain injury, or any other mental
disorder that could hinder mission performance.
(c) Priority for Certain Wounded Warriors.--In selecting
wounded warriors to serve as a remotely piloted aircraft
pilot or remotely piloted aircraft sensor operator, the
Secretary of the Air Force shall give priority to wounded
warriors whose disability was incurred--
(1) in the line of duty in a combat zone designated by the
Secretary of Defense; or
(2) during the performance of duty in combat-related
operations as designated by the Secretary of Defense.
(d) Transfer Authority.--In the case of a wounded warrior
who is not a member of the Air Force, the Secretary of the
Air Force shall cooperate with the Secretary concerned having
jurisdiction over the wounded warrior to transfer the wounded
warrior from the other Armed Force to the Air Force to permit
the wounded warrior to be selected for the program under this
section.
(e) Wounded Warrior Defined.--In this section, the term
``wounded warrior'' means a member of the Armed Forces who--
(1) is unfit to perform the duties of the member's office,
grade, rank, or rating because of physical disability
incurred in the line of duty; and
(2) is under consideration for retirement or separation
under chapter 61 of title 10, United States Code, or has been
placed on the temporary disability retired list.
amendment no. 28 offered by mr. rodney davis of illinois
At the appropriate place in title V, insert the following:
SEC. 5__. TRANSPORTATION OF REMAINS OF CASUALTIES; TRAVEL
EXPENSES FOR NEXT OF KIN.
(a) Transportation for Remains of a Member Who Dies Not in
a Theater of Combat Operations.--Section 562 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 10 U.S.C. 1482 note) is amended--
(1) in the heading, by striking ``dying in a theater of
combat operations''; and
(2) in subsection (a), by striking ``in a combat theater of
operations'' and inserting ``outside of the United States''.
(b) Transportation for Family.--The Secretary of Defense
shall revise Department of Defense Instruction 1300.18 to
extend travel privileges via Invitational Travel
Authorization to family members of members of the Armed
Forces who die outside of the United States and whose remains
are returned to the United States through the mortuary
facility at Dover Air Force Base, Delaware.
amendment no. 29 offered by ms. delbene of washington
At the appropriate place in title V, insert the following
new section:
SEC. 5__. GARNISHMENT TO SATISFY JUDGMENT RENDERED FOR
PHYSICALLY, SEXUALLY, OR EMOTIONALLY ABUSING A
CHILD.
Section 1408 of title 10, United States Code, is amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``The'' and inserting
``Subject to subsection (l)(2), the''; and
(B) in paragraph (4)(B), by striking ``other provision of
law'' and inserting ``provision of law except subsection
(l)(2)''; and
(2) in subsection (l)(2), by striking the second sentence
and inserting ``The limitations on the amount of disposable
retired pay available for payments under paragraphs (1) and
(4)(B) of subsection (e) do not apply to a child abuse
garnishment order.''.
amendment no. 30 offered by mr. jones of north carolina
Page 171, after line 4, insert the following new section:
SEC. 566. EDUCATION FOR DEPENDENTS OF CERTAIN RETIRED MEMBERS
OF THE ARMED FORCES.
Section 2164(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by adding at the end ``If the
Secretary determines that appropriate educational programs
are not available through a local educational agency for
dependents of retirees residing on a military installation in
the United States, the Secretary may enter into arrangements
to provide for the elementary or secondary education of the
dependents of such retirees.''; and
(2) by adding at the end the following new paragraph:
``(4) For purposes of this subsection, the term `retiree'
means a member or former member of the armed forces who is
entitled to retired or retainer pay under this title, or who,
but for age, would be eligible for retired or retainer pay
under chapter 1223 of this title.''.
amendment no. 31 offered by mr. hudson of north carolina
Page 190, after line 10, insert the following new section:
SEC. 606. REPORT ON IMMINENT DANGER PAY AND HOSTILE FIRE PAY.
(a) Report Required.--Not later than March 1, 2019, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report examining the current processes for awarding imminent
danger pay and hostile fire pay to members of the Armed
Forces.
(b) Elements.--This report under this section shall include
the following:
(1) An analysis of difficulties in implementing the current
system.
(2) An explanation of how geographic regions are selected
to be eligible for such pay and the criteria used to define
these regions.
(3) An examination of whether the current geographic model
is the most appropriate way to award such pay, including the
following:
(A) A discussion of whether the current model most
accurately reflects the realities of modern warfare and is
responsive enough to the needs of members.
(B) Whether the Secretary believes it would be appropriate
to tie such pay to specific authorizations for deployments
(including deployments of special operations forces) in
addition to geographic criteria.
(C) A description of any change the Secretary would
consider to update such pay to reflect the current
operational environment.
(D) How the Secretary would implement each change under
subparagraph (C).
(E) Recommendations of the Secretary for related
regulations or legislative action.
amendment no. 32 offered by mr. coffman of colorado
At the end of subtitle A of title VI, insert the following
new section:
SEC. 606. SENSE OF CONGRESS REGARDING THE WIDOWS' TAX.
It is the sense of Congress that--
(1) section 621 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91) amended section
1450(m) of title 10, United States Code, to make permanent
the special survivor indemnity allowance;
(2) under the special survivor indemnity allowance,
surviving spouses and dependent
[[Page H4568]]
children of members who die of a service-connected cause will
not be subject to a full offset of survivor benefit plan
payments by dependency and indemnity compensation, commonly
referred to as the ``widows' tax''; and
(3) while the special survivor indemnity allowance
alleviates the gap in benefits, the whole Congress must work
together to find a way to eliminate the widows' tax entirely.
amendment no. 33 offered by mr. donovan of new york
At the end of subtitle A of title VI, insert the following
new section:
SEC. 606. REEVALUATION OF BAH FOR THE MILITARY HOUSING AREA
INCLUDING STATEN ISLAND.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, using the most recent
data available to the Secretary, shall reevaluate the basic
housing allowance prescribed under section 403(b) of title
37, United States Code, for the military housing area that
includes Staten Island, New York
amendment no. 34 offered by ms. michelle lujan grisham of new mexico
In title VI, at the end of subtitle A add the following:
SEC. __. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR
MATERNITY LEAVE TAKEN BY MEMBERS OF THE RESERVE
COMPONENTS.
(a) Compensation.--Section 206(a) of title 37, United
States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding the end the following new paragraph:
``(4) for each of 6 days in connection with the taking by
the member of a period of maternity leave.''.
(b) Credit for Retired Pay Purposes.--
(1) In general.--The period of maternity leave taken by a
member of the reserve components of the Armed Forces in
connection with the birth of a child shall count toward the
member's entitlement to retired pay, and in connection with
the years of service used in computing retired pay, under
chapter 1223 of title 10, United States Code, as 12 points.
(2) Separate credit for each period of leave.--Separate
crediting of points shall accrue to a member pursuant to this
subsection for each period of maternity leave taken by the
member in connection with a childbirth event.
(3) When credited.--Points credited a member for a period
of maternity leave pursuant to this subsection shall be
credited in the year in which the period of maternity leave
concerned commences.
(4) Contribution of leave toward entitlement to retired
pay.--Section 12732(a)(2) of title 10, United States Code, is
amended by inserting after subparagraph (E) the following new
subparagraph:
``(F) Points at the rate of 12 a year for the taking of
maternity leave.''.
(5) Computation of years of service for retired pay.--
Section 12733 of such title is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph (5):
``(5) One day for each point credited to the person under
subparagraph (F) of section 12732(a)(2) of this title.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on the date of the
enactment of this Act, and shall apply with respect to
periods of maternity leave that commence on or after that
date.
amendment no. 35 offered by mr. rouzer of north carolina
At the end of subtitle C of title VI, insert the following
new section:
SEC. 626. DESIGNATION OF NEW BENEFICIARY UNDER THE SURVIVOR
BENEFIT PLAN.
Section 1448(b)(1) of title 10, United States Code, is
amended by adding at the end the following new subparagraph
(H):
``(H) Election of new beneficiary by terminally ill
participant.--
``(i) Authority for election.--A participant in the Plan
may elect a new beneficiary if the Secretary concerned
determines that the participant is terminally ill. Any such
beneficiary must be a natural person with an insurable
interest in the participant.
``(ii) Procedures.--Such an election shall be in writing,
signed by the participant, and made in such form and manner
as the Secretary concerned may prescribe. Such an election
shall be effective the first day of the first month following
the month in which the election is received by the
Secretary.''.
amendment no. 36 offered by mr. graves of louisiana
Page 201, after line 11, insert the following new section:
SEC. 626. REPORT REGARDING MANAGEMENT OF MILITARY
COMMISSARIES AND EXCHANGES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
regarding management practices of military commissaries and
exchanges.
(b) Elements.--The report required under this section shall
include a cost-benefit analysis with the goals of--
(1) reducing the costs of operating military commissaries
and exchanges by $2,000,000,000 during fiscal years 2019
through 2023; and
(2) not raising costs for patrons of military commissaries
and exchanges.
amendment no. 37 offered by mr. soto of florida
Page 210, line 21, insert ``, universities,'' after
``organizations''.
amendment no. 38 offered by mr. carson of indiana
At the end of subtitle A of title VII, add the following
new section:
SEC. 704. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED
FORCES DEPLOYED IN SUPPORT OF A CONTINGENCY
OPERATION.
Section 1074m(a)(1)(B) of title 10, United States Code, is
amended by striking ``Until January 1, 2019, once'' and
inserting ``Once''.
The Acting CHAIR. Pursuant to House Resolution 905, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the gentleman from
North Carolina (Mr. Rouzer).
Mr. ROUZER. Mr. Chairman, North Carolina's Seventh Congressional
District is fortunate to have more than 63,000 veterans call it home.
Unfortunately, many of these brave heroes encounter a variety of
problems that require congressional action, whether through casework or
legislation, as is the case with my amendment tonight.
Recently, a veteran battling Parkinson's disease contacted my office
in a desperate attempt to modify the beneficiary for his survivor
benefits plan. In this particular case, the veteran is fighting for his
life, and because one currently can only make changes during open
season, he is unable to change the beneficiary of his plan. My
amendment will provide flexibility, via waiver, to veterans such as
this gentleman who desire to change beneficiaries.
I appreciate my colleagues' support for this amendment so that
terminally ill veterans are given the ability to update their survivor
benefit plan as they wish, when they wish.
Mr. SMITH of Washington. Mr. Chairman, I reserve the balance of my
time.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the gentleman from
Illinois (Mr. Rodney Davis).
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, last August, 10 U.S. Navy
sailors were killed when the USS John S. McCain collided with a
commercial tanker off the coast of Singapore. One of those sailors was
Petty Officer Logan Palmer of Harristown, Illinois.
Logan's death was the first casualty from my district since I became
a Member of Congress, and let me tell you, it is an experience no one
prepares you for, and I pray no other family will have to go through
it.
While there is little we can do to lesson the grief of these
families, we can ensure they don't have to navigate a complicated
bureaucracy. I was a little miffed to learn that, if the body of a
servicemember who dies during noncombat operations is flown to Dover
Air Force Base, we do not automatically arrange and cover the travel
costs for their family like we would if that servicemember died in
combat.
This amendment requires the DOD to automatically arrange and cover
travel for family of noncombat service deaths just as they do for
combat operations, instead of making them get a waiver.
An outside organization covered the cost for the Palmer family, but I
think we can make this process easier and ensure these families are
taken care of by including this amendment.
Mr. SMITH of Washington. Mr. Chairman, I continue to reserve the
balance of my time.
Mr. THORNBERRY. Mr. Chairman, I have no further speakers on this en
bloc package, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I urge adoption of the
amendment, and I yield back the balance of my time
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.
Amendments En Bloc No. 3 Offered by Mr. Thornberry of Texas
Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 905, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
[[Page H4569]]
Amendments en bloc No. 3 consisting of amendment Nos. 39, 40, 41, 42,
43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, and 54 printed in House
Report 115-698, offered by Mr. Thornberry of Texas:
Amendment No. 39 Offered by Ms. Kuster of New Hampshire
At the end of subtitle A of title VII, insert the
following:
SEC. 704. COUNSELING AND TREATMENT FOR SUBSTANCE USE
DISORDERS AND CHRONIC PAIN MANAGEMENT SERVICES
FOR MEMBERS WHO SEPARATE FROM THE ARMED FORCES.
Section 1145(a)(6)(B)(i) of title 10, United States Code,
is amended--
(1) in subclause (I)--
(A) by inserting ``, substance use disorder,'' after
``post-traumatic stress disorder''; and
(B) by striking ``and'' at the end;
(2) by redesignating subclause (II) as subclause (III); and
(3) by inserting after subclause (I) the following:
``(II) chronic pain management services, including
counseling and treatment of co-occurring mental health
disorders and alternatives to opioid analgesics; and''.
Amendment No. 40 Offered by Ms. Meng of New York
At the end of subtitle B of title VII, add the following:
SEC. ___. BURN PATIENT TRANSFER SYSTEM.
The Secretary of Defense may develop a burn patient
transfer system, including any required hardware and
software, that would provide a platform for reporting
immediate and surge bed availability and that would
electronically match patient acuity with open beds at other
military and civilian burn centers.
Amendment No. 41 Offered by Miss Gonzalez-Colon of Puerto Rico
Add at the end of subtitle C of title VII the following new
section:
SEC. 7__. STUDY ON THE TREATMENT OF TRICARE BENEFICIARIES WHO
ARE RESIDENTS OF PUERTO RICO.
(a) Study.--The Secretary of Defense, and with respect to
members of the Coast Guard, in coordination with the
Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the Navy,
shall conduct a study on the feasibility and effect of
extending the eligibility to enroll in, and the coverage of,
TRICARE Prime to members of the Armed Forces and covered
beneficiaries who reside in Puerto Rico to the same degree
that a covered beneficiary who resides in any of the several
States may enroll in TRICARE Prime.
(b) Elements.--The study under subsection (a) shall address
the following:
(1) The requirements, as of the date of the study, for a
covered beneficiary to be eligible to enroll in the TRICARE
program in Puerto Rico.
(2) The number of--
(A) covered beneficiaries who are enrolled in the TRICARE
program who reside in Puerto Rico; and
(B) such covered beneficiaries who would potentially enroll
in TRICARE Prime if the Secretary extends TRICARE Prime as
described in subsection (a).
(3) The demographic distribution of covered beneficiaries
who reside in Puerto Rico.
(4) The access of such covered beneficiaries to health care
networks, including trauma care centers, as of the date of
the study.
(5) The quality of such health care networks.
(6) The costs and timeline requirements for extending
TRICARE Prime as described in subsection (a).
(7) The feasibility of using medical resources of the
Department of Defense to cover gaps in service availability
in Puerto Rico if such extension does not occur.
(c) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study under
subsection (a).
(d) Definitions.--In this section, the terms ``covered
beneficiary'', ``TRICARE Prime'', and ``TRICARE program''
have the meanings given those terms in section 1072 of title
10, United States Code.
Amendment No. 42 Offered by Ms. Velazquez of New York
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. STUDY ON HEALTH EFFECTS RELATING TO ACTIVITY OF THE
ARMED FORCES ON VIEQUES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report
containing a study of the health effects of the live-fire
training at Vieques Naval Training Range conducted by the
Navy before 2002 and other activities of the Armed Forces on
the island of Vieques, Puerto Rico. The study shall include a
comprehensive analysis of the following:
(1) The immediate health effects of such training and
activity on the residents of Vieques.
(2) The long-term health effects of such training and
activity on the residents of Vieques.
(3) The potential ongoing health effects caused by any
contamination relating to such training and activity.
Amendment No. 43 Offered by Mr. Smucker of Pennsylvania
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. STRATEGY TO RECRUIT AND RETAIN MENTAL HEALTH
PROVIDERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that--
(1) describes the shortage of mental health providers of
the Department of Defense;
(2) explains the reasons for such shortage;
(3) explains the effect of such shortage on members of the
Armed Forces; and
(4) contains a strategy to better recruit and retain mental
health providers, including with respect to psychiatrists,
psychologists, mental health nurse practitioners, licensed
social workers, and other licensed providers of the military
health system.
Amendment No. 44 Offered by Mr. Jones of North Carolina
Add at the end of subtitle C of title VII the following new
section:
SEC. 7___. STUDY ON EARNING BY SPECIAL OPERATIONS FORCES
MEDICS OF CREDITS TOWARDS A PHYSICIAN ASSISTANT
DEGREE.
(a) Study.--The Secretary of Defense shall conduct a study
to assess the feasibility and advisability of establishing
partnerships between special operations forces and
institutions of higher education, and health care systems if
determined appropriate by the Secretary, through which
special operations forces medics earn credit toward the
master's degree of physician assistant for military
operational work and training performed by the medics.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) The feasibility with respect to establishing
partnerships described in subsection (a) that permit medics
to conduct clinical training at medical facilities of the
Department of Defense and the civilian sector in order to
meet the increasing demand for highly trained health care
providers at such facilities.
(2) How partnerships described in subsection (a) will
ensure that the evaluation of work and training performed by
medics for which credits are earned comply with civilian
clinical evaluation standards applicable to the awarding of
master's degrees of physician assistant.
(3) How the Secretary can leverage the physician assistant
program at the Uniformed Services University to coordinate
such partnerships and assist with credits.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representative a report on the study under
subsection (a).
Amendment No. 45 Offered by Mr. Krishnamoorthi of Illinois
At the end of subtitle C of title VII, add the following
new section:
SEC. 730. STUDY OF DRUG SHORTAGES AND IMPACT ON MEMBERS OF
THE ARMED FORCES.
(a) Congressional Findings.--The Congress finds the
following:
(1) Shortages of critical medical drugs used for surgery
and emergency care have increased significantly during 2017
and 2018.
(2) Reports from physicians have identified critical drugs
such as dilaudid, bupivacaine, morphine, and epinephrine as
important commonly needed drugs in shortage.
(3) Health care providers for the Armed Forces use the same
drugs as civilian health care providers and are experiencing
similar shortages in surgical facilities.
(4) Such shortages could compromise the quality of care
available to members of the Armed Forces.
(b) Study.--The Secretary of Defense shall conduct a study
of shortages of drugs used in the surgical and emergency
settings of military facilities--
(1) to determine if the quality or safety of military
health care has been compromised by such shortages;
(2) to identify and examine supply chain issues related to
the availability of drugs used for surgery and emergency
care; and
(3) to identify and examine the impact of shortages on care
for military patients.
(c) Consultation.--In conducting the study under subsection
(b), the Secretary shall consult with the Commissioner of
Food and Drugs, the Administrator of the Drug Enforcement
Administration, and such other stakeholders as the Secretary
considers relevant to the study, including physician
organizations and drug manufacturers.
(d) Report.--Not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act,
the Secretary shall submit a report to the Congress
describing the study under this section and setting forth any
conclusions and recommendations resulting from the study.
Amendment No. 46 Offered by Ms. Kuster of New Hampshire
At the end of subtitle C of title VII, add the following
new section:
SEC. 7__. PROVISION OF INFORMATION TO DEPARTMENT OF VETERANS
AFFAIRS REGARDING MHS GENESIS ELECTRONIC HEALTH
RECORD SYSTEM.
The Secretary of Defense shall transmit to the Secretary of
Veterans Affairs a report detailing lessons learned by the
Secretary of Defense with respect to successfully remediating
concerns found during the initial operational testing and
evaluation of the electronic health record system known as
MHS Genesis.
[[Page H4570]]
Amendment No. 47 Offered by Mr. Krishnamoorthi of Illinois
In subtitle C of title VII, insert the following section:
SEC. ___. REPORT REGARDING OPIOID PREVENTION AND TREATMENT
FOR DEPENDENTS OF MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall prepare and submit a report
to congressional defense committees regarding the actions the
Department of Defense is taking to prevent and treat opioid
use among the dependents of members of the Armed Forces. Such
report shall include how information is shared between
military medical treatment facilities across the country,
what counseling services are available to dependents and how
such services are publicized, and a plan for intervention
strategies to prevent opioid use and abuse.
Amendment No. 48 Offered by Mr. Smucker of Pennsylvania
At the end of subtitle C of title VII, add the following:
SEC. __. MONITORING MEDICATION PRESCRIBING PRACTICES FOR THE
TREATMENT OF POST-TRAUMATIC STRESS DISORDER.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and Senate a report on the practices for
prescribing medication during the period beginning January 1,
2012, and ending December 31, 2017, that were inconsistent
with the post-traumatic stress disorder medication guidelines
developed by the Department of Defense and the Veterans
Health Administration.
(2) Contents.--The report under this subsection shall
include the following:
(A) A summary of the Army's, the Navy's, and the Air
Force's practices for prescribing medication during the
period referred to in paragraph (1) that were inconsistent
with the post-traumatic stress disorder medication guidelines
developed by the Department of Defense and the Veterans
Health Administration.
(B) Identification of medical centers serving members of
the Armed Forces found to having higher than average
incidences of prescribing medication during the period
referred to in paragraph (1) that were inconsistent with the
post-traumatic stress disorder guidelines.
(C) A plan for such medical centers to reduce the
prescribing of medications that are inconsistent with the
post-traumatic stress disorder guidelines.
(D) A plan for ongoing monitoring of medical centers found
to have higher than average incidences of prescribing
medication that were inconsistent with the post-traumatic
stress disorder guidelines by the Department of Defense and
the Veterans Health Administration.
(b) Monitoring Program.--Based on the findings of the
report under subsection (a), the Secretaries of the Army, the
Navy, and the Air Force shall each establish a monitoring
program carried out with respect to such branch of the Armed
Forces shall provide as follows:
(1) The monitoring program shall provide for the conduct of
periodic reviews, beginning October 1, 2019, of medication
prescribing practices of its own providers.
(2) The monitoring program shall provide for regular
reports, beginning October 1, 2020, to the Department of
Defense and the Veterans Health Administration, of the
results of the periodic reviews pursuant to paragraph (1) of
this subsection.
(3) The monitoring program shall establish internal
procedures, not later than October 1, 2020, to address
practices for prescribing medication that are inconsistent
with the post-traumatic stress disorder medication guidelines
developed Department of Defense and the Veterans Health
Administration.
Amendment No. 49 Offered by Mr. Banks of Indiana
In section 811, add at the end the following:
(m) Submission of Notice and Plan to Congress.--Not later
than 30 days before reorganizing, restructuring, or
eliminating any position or office specified in this section,
the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives notice of
such reorganization, restructuring, or elimination together
with a plan to ensure that mission requirements are met and
appropriate oversight is conducted in carrying out such
reorganization, restructuring, or elimination. Such plan
shall address how user needs will be met and how associated
roles and responsibilities will be accomplished for each
position or office that the Secretary determines requiring
reorganization, restructuring, or elimination.
Amendment No. 50 Offered by Mr. Mitchell of Michigan
At the end of subtitle C of title VIII (page 355, after
line 2) add the following new section:
SEC. 835. REVIEW OF FEDERAL ACQUISITION REGULATIONS ON
COMMERCIAL PRODUCTS, COMMERCIAL SERVICES, AND
COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.
(a) Review of Determinations Not to Exempt Contracts for
Commercial Products, Commercial Services, and Commercially
Available Off-the-shelf Items From Certain Laws and
Regulations.--Not later than one year after the date of the
enactment of this Act, the Federal Acquisition Regulatory
Council 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 or subcontracts from laws which
such contracts and subcontracts would otherwise be exempt
from under section 1906(d) of title 41, United States Code;
and
(2) propose revisions to the Federal Acquisition Regulation
to provide an exemption from each law subject to such
determination unless the Council determines that there is a
specific reason not to provide the exemptions pursuant to
section 1906 of such title or the Administrator for Federal
Procurement Policy determines there is a specific reason not
to provide the exemption pursuant to section 1907 of such
title.
(b) Review of Certain Contract Clause Requirements
Applicable to Commercial Products and Commercial Services
Contracts.--Not later than one year after the date of the
enactment of this Act, the Federal Acquisition Regulatory
Council shall--
(1) review the Federal Acquisition Regulation to assess all
regulations that require a specific contract clause for a
contract using commercial product or commercial services
acquisition procedures under part 12 of the Federal
Acquisition Regulation, except for regulations required by
law or Executive order; and
(2) propose revisions to the Federal Acquisition Regulation
to eliminate regulations reviewed under paragraph (1) unless
the Federal Acquisition Regulatory Council determines on a
case-by-case basis that there is a specific reason not to
eliminate the regulation.
(c) Elimination of Certain Contract Clause Regulations
Applicable to Commercially Available Off-the-shelf Item
Subcontracts.--Not later than one year after the date of the
enactment of this Act, the Federal Acquisition Regulatory
Council shall--
(1) review the Federal Acquisition Regulation to assess all
regulations that require 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 Executive order; and
(2) propose revisions to the Federal Acquisition Regulation
to eliminate regulations reviewed under paragraph (1) unless
the Federal Acquisition Regulatory Council determines on a
case-by-case basis that there is a specific reason not to
eliminate the regulation.
At the end of title VIII (page 404, after line 21), add the
following new sections:
SEC. 881. PROMOTION OF THE USE OF GOVERNMENT-WIDE AND OTHER
INTERAGENCY CONTRACTS.
Section 865(b)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
31 U.S.C. 1535 note) is amended--
(1) by striking ``that all interagency acquisitions--'' and
inserting ``that--'';
(2) in subparagraph (A)--
(A) by inserting ``all interagency assisted acquisitions''
before ``include''; and
(B) by inserting ``and'' after the semicolon;
(3) by striking subparagraph (B); and
(4) by redesignating subparagraph (C) as subparagraph (B),
and in that subparagraph by inserting ``all interagency
assisted acquisitions'' before ``include''.
SEC. 882. INCREASING COMPETITION AT THE TASK ORDER LEVEL.
Section 3306(c) of title 41, United States Code, is
amended--
(1) in paragraph (1), by inserting ``except as provided in
paragraph (3),'' in subparagraphs (B) and (C) after the
subparagraph designation; and
(2) by adding at the end the following new paragraphs:
``(3) Exceptions for certain indefinite delivery,
indefinite quantity multiple-award contracts and certain
federal supply schedule contracts for services acquired on an
hourly rate.--If an executive agency issues a solicitation
for one or more contracts for services to be acquired on an
hourly rate basis under the authority of sections 4103 and
4106 of this title or section 152(3) of this title and
section 501(b) of title 40 and the executive agency intends
to make a contract award to each qualifying offeror and the
contract or contracts will feature individually competed task
or delivery orders based on hourly rates--
``(A) the contracting officer need not consider price as an
evaluation factor for contract award; and
``(B) if, pursuant to subparagraph (A), price is not
considered as an evaluation factor for contract award--
``(i) the disclosure requirement of subparagraph (C) of
paragraph (1) shall not apply; and
``(ii) cost or price to the Federal Government shall be
considered in conjunction with the issuance pursuant to
sections 4106(c) and 152(3) of this title of any task or
delivery order under any contract resulting from the
solicitation.
``(4) Definition.--In paragraph (3), the term `qualifying
offeror' means an offeror that--
``(A) is determined to be a responsible source;
``(B) submits a proposal that conforms to the requirements
of the solicitation;
``(C) meets all technical requirements; and
``(D) is otherwise eligible for award.''.
[[Page H4571]]
Amendment No. 51 Offered by Mr. Graves of Louisiana
At the end of subtitle F of title VIII, insert the
following:
SEC. 8__. INDIVIDUAL ACQUISITION FOR COMMERCIAL LEASING
SERVICES.
(a) In General.--For the purpose of section 863 of Public
Law 110-417, an individual acquisition for commercial leasing
services shall not be construed as a purchase of property or
services if such individual acquisition is made on a no cost
basis and pursuant to a multiple award contract awarded in
accordance with requirements for full and open competition.
(b) Audit.--The Comptroller General of the United States
shall--
(1) conduct biennial audits of the General Services
Administration National Broker Contract to determine--
(A) whether brokers selected under the program provide
lower lease rental rates than rates negotiated by General
Services Administration staff; and
(B) the impact of the program on the length of time of
lease procurements;
(2) conduct a review of whether the application of section
863 of Public Law 110-417 to acquisitions for commercial
leasing services resulted in rental cost savings for the
Government during the years in which such section was
applicable prior to the date of enactment of this section;
and
(3) not later than September 30, 2019, and September 30,
2021, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that--
(A) summarizes the results of the audit and review required
by paragraphs (1) and (2);
(B) includes an assessment of whether the National Broker
Contract provides greater efficiencies and savings than the
use of General Services Administration staff; and
(C) includes recommendations for improving General Services
Administration lease procurements.
(c) Termination.--This section shall terminate on December
31, 2022.
Amendment No. 52 Offered by Ms. Adams of North Carolina
Page 381, after line 9, insert the following:
SEC. 861. SCORE.
(a) SCORE Reauthorization.--Section 20 of the Small
Business Act (15 U.S.C. 631 note) is amended--
(1) by redesignating subsection (j) as subsection (f); and
(2) by adding at the end the following:
``(g) SCORE Program.--There are authorized to be
appropriated to the Administrator to carry out the SCORE
program authorized by section 8(b)(1) such sums as are
necessary for the Administrator to make grants or enter into
cooperative agreements in a total amount that does not exceed
$10,500,000 in each of fiscal years 2018 and 2019.''.
(b) SCORE Program.--Section 8 of the Small Business Act (15
U.S.C. 637) is amended--
(1) in subsection (b)(1)(B), by striking ``a Service Corps
of Retired Executives (SCORE)'' and inserting ``the SCORE
program described in subsection (c)''; and
(2) by striking subsection (c) and inserting the following:
``(c) SCORE Program.--
``(1) Definition.--In this subsection:
``(A) SCORE association.--The term `SCORE Association'
means the Service Corps of Retired Executives Association or
any successor or other organization who receives a grant from
the Administrator to operate the SCORE program under
paragraph (2)(A).
``(B) SCORE program.--The term `SCORE program' means the
SCORE program authorized by subsection (b)(1)(B).
``(2) Management and volunteers.--
``(A) In general.--The Administrator shall provide a grant
to the SCORE Association to manage the SCORE program.
``(B) Volunteers.--A volunteer participating in the SCORE
program shall--
``(i) based on the business experience and knowledge of the
volunteer--
``(I) provide at no cost to individuals who own, or aspire
to own, small business concerns personal counseling,
mentoring, and coaching relating to the process of starting,
expanding, managing, buying, and selling a business; and
``(II) facilitate low-cost education workshops for
individuals who own, or aspire to own, small business
concerns; and
``(ii) as appropriate, use tools, resources, and expertise
of other organizations to carry out the SCORE program.
``(3) Plans and goals.--The Administrator, in consultation
with the SCORE Association, shall ensure that the SCORE
program and each chapter of the SCORE program develop and
implement plans and goals to more effectively and efficiently
provide services to individuals in rural areas, economically
disadvantaged communities, and other traditionally
underserved communities, including plans for electronic
initiatives, web-based initiatives, chapter expansion,
partnerships, and the development of new skills by volunteers
participating in the SCORE program.
``(4) Annual report.--The SCORE Association shall submit to
the Administrator an annual report that contains--
``(A) the number of individuals counseled or trained under
the SCORE program;
``(B) the number of hours of counseling provided under the
SCORE program; and
``(C) to the extent possible--
``(i) the number of small business concerns formed with
assistance from the SCORE program;
``(ii) the number of small business concerns expanded with
assistance from the SCORE program; and
``(iii) the number of jobs created with assistance from the
SCORE program.
``(5) Privacy requirements.--
``(A) In general.--Neither the Administrator nor the SCORE
Association may disclose the name, address, or telephone
number of any individual or small business concern receiving
assistance from the SCORE Association without the consent of
such individual or small business concern, unless--
``(i) the Administrator is ordered to make such a
disclosure by a court in any civil or criminal enforcement
action initiated by a Federal or State agency; or
``(ii) the Administrator determines such a disclosure to be
necessary for the purpose of conducting a financial audit of
the SCORE program, in which case disclosure shall be limited
to the information necessary for the audit.
``(B) Administrator use of information.--This paragraph
shall not--
``(i) restrict the access of the Administrator to program
activity data; or
``(ii) prevent the Administrator from using client
information to conduct client surveys.
``(C) Standards.--
``(i) In general.--The Administrator shall, after the
opportunity for notice and comment, establish standards for--
``(I) disclosures with respect to financial audits under
subparagraph (A)(ii); and
``(II) conducting client surveys, including standards for
oversight of the surveys and for dissemination and use of
client information.
``(ii) Maximum privacy protection.--The standards issued
under this subparagraph shall, to the extent practicable,
provide for the maximum amount of privacy protection.''.
(c) Online Component.--
(1) In general.--Section 8(c) of the Small Business Act (15
U.S.C. 637(c)), as amended by subsection (b), is further
amended by adding at the end the following:
``(6) Online component.--In carrying out this subsection,
the SCORE Association shall make use of online counseling,
including by developing and implementing webinars and an
electronic mentoring platform to expand access to services
provided under this subsection and to further support
entrepreneurs.''.
(2) Online component report.--
(A) In general.--At the end of fiscal year 2018, the SCORE
Association shall issue a report to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate on the
effectiveness of the online counseling and webinars required
as part of the SCORE program, including--
(i) how the SCORE Association determines electronic
mentoring and webinar needs, develops training for electronic
mentoring, establishes webinar criteria curricula, and
evaluates webinar and electronic mentoring results;
(ii) describing the internal controls that are used and a
summary of the topics covered by the webinars; and
(iii) performance metrics, including the number of small
business concerns counseled by, the number of small business
concerns created by, the number of jobs created and retained
by, and the funding amounts directed towards such online
counseling and webinars.
(B) Definitions.--For purposes of this subsection, the
terms ``SCORE Association'' and ``SCORE program'' have the
meaning given those terms, respectively, under section
8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).
(d) Study and Report on the Future Role of the Score
Program.--
(1) Study.--The SCORE Association shall carry out a study
on the future role of the SCORE program and develop a
strategic plan for how the SCORE program will evolve to meet
the needs of small business concerns and potential future
small business concerns over the course of the 5 years
following the date of enactment of this Act, with markers and
specific objectives for year 1, year 3, and year 5.
(2) Report.--Not later than the end of the 6-month period
beginning on the date of the enactment of this Act, the SCORE
Association shall issue a report to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate
containing--
(A) all findings and determination made in carrying out the
study required under paragraph (1);
(B) the strategic plan developed under paragraph (1);
(C) an explanation of how the SCORE Association plans to
achieve the strategic plan, assuming both stagnant and
increased funding levels.
(3) Definitions.--For purposes of this section, the terms
``SCORE Association'' and ``SCORE program'' have the meaning
given those terms, respectively, under section 8(c)(1) of the
Small Business Act (15 U.S.C. 637(c)(1)).
(e) Technical and Conforming Amendments.--
(1) Small business act.--The Small Business Act (15 U.S.C.
631 et seq.) is amended--
[[Page H4572]]
(A) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C.
636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE program''; and
(B) in section 22 (15 U.S.C. 649)--
(i) in subsection (b)--
(I) in paragraph (1), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE program''; and
(II) in paragraph (3), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE program''; and
(ii) in subsection (c)(12), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE program''.
(2) Other laws.--
(A) Children's health insurance program reauthorization act
of 2009.--Section 621 of the Children's Health Insurance
Program Reauthorization Act of 2009 (15 U.S.C. 657p) is
amended--
(i) in subsection (a), by striking paragraph (4) and
inserting the following:
``(4) the term `SCORE program' means the SCORE program
authorized by section 8(b)(1)(B) of the Small Business Act
(15 U.S.C. 637(b)(1)(B));''; and
(ii) in subsection (b)(4)(A)(iv), by striking ``Service
Corps of Retired Executives'' and inserting ``SCORE
program''.
(B) Energy policy and conservation act.--Section
337(d)(2)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6307(d)(2)(A)) is amended by striking ``Service Corps
of Retired Executives (SCORE)'' and inserting ``SCORE
program''.
Amendment No. 53 Offered by Mr. Espaillat of New York
Page 381, after line 9, insert the following:
SEC. 861. PROCUREMENT TECHNICAL ASSISTANCE CENTERS.
(a) Authorization to Form Association.--Procurement
Technical Assistance Centers are authorized to form an
association to pursue matters of common concern.
(b) Recognition by Secretary of Defense.--If more than half
of the Procurement Technical Assistance Centers which are
operating pursuant to agreements with the Department of
Defense are members of such an association, the Secretary of
Defense shall--
(1) recognize the existence and activities of such an
association; and
(2) consult with it and develop documents--
(A) announcing the annual scope of activities pursuant to
this section,
(B) requesting proposals to deliver assistance as provided
in this section, and
(C) governing the general operations and administration of
the Procurement Technical Assistance Program, specifically
including the development of regulations and a uniform
negotiated cooperative agreement for use on an annual basis
when entering into individual negotiated agreements with
Procurement Technical Assistance Centers.
Amendment No. 54 Offered by Mr. Connolly of Virginia
At the end of title VIII (page 404, after line 21), add the
following new section:
SEC. 8__. PROCUREMENT ADMINISTRATIVE LEAD TIME DEFINITION AND
PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Federal
Procurement Policy shall develop, make available for public
comment, and finalize--
(1) a definition of the term ``Procurement administrative
lead time'' or ``PALT'', to be applied Government-wide, that
describes the amount of time from the date on which a
solicitation for a contract or task order is issued to the
date of an initial award of the contract or task order; and
(2) a plan for measuring and publicly reporting data on
PALT for Federal Government contracts and task orders in
amounts greater than the simplified acquisition threshold.
(b) Requirement for Definition.--Unless the Administrator
determines otherwise, the amount of time in the definition of
PALT developed under subsection (a) shall--
(1) begin on the date on which an initial solicitation is
issued by a Federal department or agency for a contract or
task order; and
(2) end on the date of the award of the contract or task
order.
(c) Coordination.--In developing the definition of PALT,
the Administrator shall coordinate with--
(1) the senior procurement executives of Federal agencies;
(2) the Secretary of Defense; and
(3) the Administrator of the General Services
Administration on modifying the existing data system of the
Federal Government to determine the date on which the initial
solicitation is issued.
(d) Use of Existing Procurement Data System.--In developing
the plan for measuring and publicly reporting data on PALT
required by subsection (a), the Administrator shall, to the
maximum extent practicable, rely on the information contained
in the Federal procurement data system established pursuant
to section 1122(a)(4) of title 41, United States Code,
including any modifications to that system.
The Acting CHAIR. Pursuant to House Resolution 905, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I have no requests for time. I urge
adoption of this en bloc package, and I yield back the balance of my
time.
Mr. SMITH of Washington. Mr. Chairman, we have no speakers. I urge
adoption, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.
Amendments En Bloc No. 4 Offered by Mr. Thornberry of Texas
Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 905, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 4 consisting of amendment Nos. 55, 57, 58, 59,
60, 61, 62, 63, 64, 65, 66, 67, 68, 69, and 70 printed in House Report
115-698, offered by Mr. Thornberry of Texas:
amendment no. 55 offered by mr. conaway of texas
In section 1004, strike ``financial system'' and insert
``business system that contributes to financial
information''.
amendment no. 57 offered by mr. burgess of texas
At the end of subtitle A of title X, add the following new
section:
SEC. 1005. REPORT ON AUDITABLE FINANCIAL STATEMENTS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report ranking all
military departments and Defense Agencies in order of how
advanced they are in achieving auditable financial statements
as required by law. The report should not include information
otherwise available in other reports to Congress.
amendment no. 58 offered by mr. ruiz of california
At the end of subtitle E of title X, add the following new
section:
SEC. 10__. AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY.
(a) Education Campaign.--Beginning not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall carry out an annual education campaign to
inform individuals who may be eligible to enroll in the
Airborne Hazards and Open Burn Pit Registry of such
eligibility. Each such campaign shall include at least one
electronic method and one physical mailing method to provide
such information.
(b) Airborne Hazards and Open Burn Pit Registry Defined.--
In this section, the term ``Airborne Hazards and Open Burn
Pit Registry'' means the registry established by the
Secretary of Veterans Affairs under section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
amendment no. 59 offered by ms. esty of connecticut
At the end of subtitle F of title X, insert the following:
SEC. 10__. BRIEFING ON UNMANNED AIRCRAFT IN ARLINGTON
NATIONAL CEMETERY.
(a) Sense of Congress.--It is the sense of Congress that
the Administrator of the Federal Aviation Administration and
the Secretary of Defense should coordinate to--
(1) prevent the flight of unmanned aircraft over Arlington
National Cemetery, to the maximum amount practical, in order
to preserve the sacred atmosphere of the cemetery as a
national shrine; and
(2) restrict all flights of unmanned aircraft over
Arlington National Cemetery during the execution of funeral
services, except in emergency situations, the execution of
national security operations, and unmanned aircraft flown at
the request of the family participating in funeral services.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense and the
Administrator of the Federal Aviation Administration shall
jointly provide to the Committees on Armed Services,
Transportation and Infrastructure, and Veterans' Affairs of
the House of Representatives and the Committees on Armed
Services, Commerce, Science, and Transportation, and
Veterans' Affairs of the Senate a briefing on whether
legislative action is required to prevent low flying unmanned
aircraft from disrupting funerals at Arlington National
Cemetery.
(c) Unmanned Aircraft Defined.--In this section, the term
``unmanned aircraft'' has the meaning given such term in
section 331 of the FAA Modernization and Reform Act of 2012
(Public Law 112-95).
amendment no. 60 offered by mr. young of alaska
Add at the end of subtitle F of title X the following:
SEC. 1062. REPORT ON AN UPDATED ARCTIC STRATEGY.
(a) Report on an Updated Strategy.--Not later than June 1,
2019, the Secretary of Defense, in consultation with the
Secretary of the Department in which the Coast Guard is
operating with respect to Coast Guard operations and
navigation issues, shall submit to
[[Page H4573]]
the congressional defense committees a report on an updated
Arctic Strategy to improve and enhance joint operations. The
report shall also include an assessment of Russia's
aggressive buildup of military assets and infrastructure in
the Arctic, as well as China's efforts to influence Arctic
policy.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of a joint Arctic strategy for sea
operations, including all military and Coast Guard vessels
available for Arctic operations.
(2) A description of a joint Arctic strategy for air
operations, which will include all rotor and fixed wing
military aircraft platforms available for Arctic operations.
(3) A description of a joint Arctic strategy for ground
operations, which will include all military ground forces
available for Arctic operations.
(4) An assessment of Russia's continued aggressive buildup
of military assets and infrastructure in the Arctic.
(5) An assessment of China's efforts to influence global
Arctic policy.
amendment no. 61 offered by ms. jackson lee of texas
At the end of subtitle F of title X, insert the following:
SEC. 10__. REPORT ON DESALINIZATION TECHNOLOGY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on desalinization
technology's application for defense and national security
purposes to provide drought relief to areas impacted by sharp
declines in water resources.
amendment no. 62 offered by mr. young of alaska
At the end of subtitle G of title X, insert the following:
SEC. 10__. COMPLIANCE WITH REQUIREMENTS RELATING TO
RECIPROCITY OF SECURITY CLEARANCE AND ACCESS
DETERMINATIONS.
The Secretary of Defense shall take such steps as may be
necessary to ensure the expedited compliance of the
Department of Defense with section 3001(d) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(108-458; 50 U.S.C. 3341(d)).
amendment no. 63 offered by mr. gosar of arizona
At the end of subtitle G of title X, add the following new
section:
SEC. 10__. ASSESSMENT REGARDING ELIGIBILITY FOR COMPENSATION
FOR COMPENSABLE DISEASES UNDER THE RADIATION
EXPOSURE COMPENSATION ACT.
(a) Assessment.--The National Cancer Institute and the
Centers for Disease Control and Prevention shall assess the
application of probability of causation/assigned share (in
this section referred to as ``PC/AS'') to determine
eligibility for compensation for compensable diseases under
the Radiation Exposure Compensation Act (Public Law 101-426;
42 U.S.C. 2210 note) in downwind populations in the
continental United States, Alaska, Hawaii, and the
possessions and territories of the United States. To carry
out the assessment, the National Cancer Institute and the
Centers for Disease Control and Prevention shall, at a
minimum--
(1) complete the work begun in the late 1990s to develop
dose estimates for downwind populations in such locations
from fallout from nuclear weapons testing by the United
States; and
(2) estimate the portions of these downwind populations
that could become eligible for compensation compensable
diseases under such Act for each of the following PC/AS
criteria:
(A) Median PC/AS > 0.5.
(B) PC/AS > 0.5 at the 80 percent credibility limit.
(C) PC/AS > 0.5 at the 99 percent credibility limit.
(b) Provision of Information.--Not later than 60 days after
the date of the enactment of this Act, the National Cancer
Institute and the Centers for Disease Control and Prevention
shall inform Congress of the time and resources required to
carry out the assessment under subsection (a).
amendment no. 64 offered by mr. denham of california
Add at the end of subtitle G of title X the following:
SEC. 10__. USE OF GI BENEFITS FOR AGRICULTURE-RELATED
EDUCATION PROGRAMS.
The Secretary, in consultation with the Secretary of Labor
and the Secretary of Veterans Affairs, shall provide guidance
and resources for individuals interested in using educational
benefits under chapter 30, 31, 32, 33, 34, or 35 of title 38,
United States Code, or chapter 1606 or 1607 of title 10,
United States Code, for agriculture-related education
programs.
amendment no. 65 offered by mr. young of alaska
At the end of title X add the following:
SEC. __. ARCTIC SURVIVAL TRAINING.
The Secretary of Defense shall ensure that in developing
any Arctic survival curriculum, the Department of Defense
shall engage with local indigenous communities for their
traditional knowledge.
amendment no. 66 offered by mr. yoder of kansas
At the end of title X, add the following new section:
SEC. 10__. PRIVACY PROTECTIONS FOR ELECTRONIC COMMUNICATIONS
INFORMATION THAT IS STORED BY THIRD-PARTY
SERVICE PROVIDERS .
(a) Voluntary Disclosure Corrections.--
(1) In general.--Section 2702 of title 18, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``divulge'' and inserting ``disclose''; and
(II) by striking ``while in electronic storage by that
service'' and inserting ``that is in electronic storage with
or otherwise stored, held, or maintained by that service'';
(ii) in paragraph (2)--
(I) by striking ``to the public'';
(II) by striking ``divulge'' and inserting ``disclose'';
and
(III) by striking ``which is carried or maintained on that
service'' and inserting ``that is stored, held, or maintained
by that service''; and
(iii) in paragraph (3)--
(I) by striking ``divulge'' and inserting ``disclose''; and
(II) by striking ``a provider of'' and inserting ``a person
or entity providing'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by inserting
``wire or electronic'' before ``communication'';
(ii) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(iii) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;'';
(C) in subsection (c) by inserting ``wire or electronic''
before ``communications'';
(D) in each of subsections (b) and (c), by striking
``divulge'' and inserting ``disclose''; and
(E) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) with the lawful consent of the subscriber or
customer;''.
(b) Amendments to Required Disclosure Section.--Section
2703 of title 18, United States Code, is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Contents of Wire or Electronic Communications in
Electronic Storage.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by
a provider of electronic communication service of the
contents of a wire or electronic communication that is in
electronic storage with or otherwise stored, held, or
maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in
the Federal Rules of Criminal Procedure (or, in the case of a
State court, issued using State warrant procedures) that--
``(1) is issued by a court of competent jurisdiction; and
``(2) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date
by which the provider must make disclosure to the
governmental entity, the provider shall promptly respond to
the warrant.
``(b) Contents of Wire or Electronic Communications in a
Remote Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by
a provider of remote computing service of the contents of a
wire or electronic communication that is stored, held, or
maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in
the Federal Rules of Criminal Procedure (or, in the case of a
State court, issued using State warrant procedures) that--
``(A) is issued by a court of competent jurisdiction; and
``(B) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date
by which the provider must make disclosure to the
governmental entity, the provider shall promptly respond to
the warrant.
``(2) Applicability.--Paragraph (1) is applicable with
respect to any wire or electronic communication that is
stored, held, or maintained by the provider--
``(A) on behalf of, and received by means of electronic
transmission from (or created by means of computer processing
of communication received by means of electronic transmission
from), a subscriber or customer of such remote computing
service; and
``(B) solely for the purpose of providing storage or
computer processing services to such subscriber or customer,
if the provider is not authorized to access the contents of
any such communications for purposes of providing any
services other than storage or computer processing.
[[Page H4574]]
``(c) Records Concerning Electronic Communication Service
or Remote Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by
a provider of electronic communication service or remote
computing service of a record or other information pertaining
to a subscriber to or customer of such service (not including
the contents of wire or electronic communications), only--
``(A) if a governmental entity obtains a warrant issued
using the procedures described in the Federal Rules of
Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) that--
``(i) is issued by a court of competent jurisdiction
directing the disclosure; and
``(ii) may indicate the date by which the provider must
make the disclosure to the governmental entity;
``(B) if a governmental entity obtains a court order
directing the disclosure under subsection (d);
``(C) with the lawful consent of the subscriber or
customer; or
``(D) as otherwise authorized in paragraph (2).
``(2) Subscriber or customer information.--A provider of
electronic communication service or remote computing service
shall, in response to an administrative subpoena authorized
by Federal or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available under paragraph
(1), disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records,
or records of session times and durations;
``(D) length of service (including start date) and types of
service used;
``(E) telephone or instrument number or other subscriber or
customer number or identity, including any temporarily
assigned network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber or customer of such service.
``(3) Notice not required.--A governmental entity that
receives records or information under this subsection is not
required to provide notice to a subscriber or customer.'';
(2) in subsection (d)--
(A) by striking ``(b) or'';
(B) by striking ``the contents of a wire or electronic
communication, or'';
(C) by striking ``sought,'' and inserting ``sought''; and
(D) by striking ``section'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(h) Notice.--Except as provided in section 2705, a
provider of electronic communication service or remote
computing service may notify a subscriber or customer of a
receipt of a warrant, court order, subpoena, or request under
subsection (a), (b), (c), or (d) of this section.
``(i) Rule of Construction Related to Legal Process.--
Nothing in this section or in section 2702 shall limit the
authority of a governmental entity to use an administrative
subpoena authorized by Federal or State statute, a grand
jury, trial, or civil discovery subpoena, or a warrant issued
using the procedures described in the Federal Rules of
Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) by a court of competent
jurisdiction to--
``(1) require an originator, addressee, or intended
recipient of a wire or electronic communication to disclose a
wire or electronic communication (including the contents of
that communication) to the governmental entity;
``(2) require a person or entity that provides an
electronic communication service to the officers, directors,
employees, or agents of the person or entity (for the purpose
of carrying out their duties) to disclose a wire or
electronic communication (including the contents of that
communication) to or from the person or entity itself or to
or from an officer, director, employee, or agent of the
entity to a governmental entity, if the wire or electronic
communication is stored, held, or maintained on an electronic
communications system owned, operated, or controlled by the
person or entity; or
``(3) require a person or entity that provides a remote
computing service or electronic communication service to
disclose a wire or electronic communication (including the
contents of that communication) that advertises or promotes a
product or service and that has been made readily accessible
to the general public.
``(j) Rule of Construction Related to Congressional
Subpoenas.--Nothing in this section or in section 2702 shall
limit the power of inquiry vested in the Congress by article
I of the Constitution of the United States, including the
authority to compel the production of a wire or electronic
communication (including the contents of a wire or electronic
communication) that is stored, held, or maintained by a
person or entity that provides remote computing service or
electronic communication service.''.
(c) Delayed Notice.--Section 2705 of title 18, United
States Code, is amended to read as follows:
``Sec. 2705. Delayed notice
``(a) In General.--A governmental entity acting under
section 2703 may apply to a court for an order directing a
provider of electronic communication service or remote
computing service to which a warrant, order, subpoena, or
other directive under section 2703 is directed not to notify
any other person of the existence of the warrant, order,
subpoena, or other directive.
``(b) Determination.--A court shall grant a request for an
order made under subsection (a) for delayed notification of
up to 180 days if the court determines that there is reason
to believe that notification of the existence of the warrant,
order, subpoena, or other directive will likely result in--
``(1) endangering the life or physical safety of an
individual;
``(2) flight from prosecution;
``(3) destruction of or tampering with evidence;
``(4) intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(c) Extension.--Upon request by a governmental entity, a
court may grant one or more extensions, for periods of up to
180 days each, of an order granted in accordance with
subsection (b).''.
(d) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to preclude
the acquisition by the United States Government of--
(1) the contents of a wire or electronic communication
pursuant to other lawful authorities, including the
authorities under chapter 119 of title 18 (commonly known as
the ``Wiretap Act''), the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision
of Federal law not specifically amended by this section; or
(2) records or other information relating to a subscriber
or customer of any electronic communication service or remote
computing service (not including the content of such
communications) pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter
119 of title 18 (commonly known as the ``Wiretap Act''), or
any other provision of Federal law not specifically amended
by this section.
amendment no. 67 offered by mrs. lawrence of michigan
Page 543, after line 5, insert the following:
SEC. 1086. LESSONS LEARNED AND BEST PRACTICES ON PROGRESS OF
GENDER INTEGRATION IMPLEMENTATION IN THE ARMED
FORCES.
The Secretary of Defense shall direct each component of the
Armed Forces to share lessons learned and best practices on
the progress of their gender integration implementation plans
and to communicate strategically that progress with other
components of the Armed Forces as well as the general public,
as recommended by the Defense Advisory Committee on Women in
the Services.
amendment no. 68 offered by ms. jackson lee of texas
Page 543, insert after line 5 the following:
SEC. 1086. REPORT ON READINESS OF NATIONAL GUARD TO RESPOND
TO NATURAL DISASTERS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report analyzing the
readiness of the National Guard and Reserve to respond to
natural disasters.
amendment no. 69 offered by mr. poe of texas
Page 579, line 11, strike ``$350,000,000'' and insert
``$200,000,000''.
amendment no. 70 offered by mr. abraham of louisiana
At the end of section 1221, add the following new
subsection:
(c) Sense of Congress.--It is the sense of the Congress
that--
(1) the Peshmerga forces of the Kurdistan Region of Iraq
have made, and continue to make, significant contributions to
the United States-led campaign to degrade, dismantle, and
ultimately defeat the Islamic State of Iraq and Syria (ISIS)
in Iraq;
(2) a lasting defeat of ISIS is critical to maintaining a
stable and tolerant Iraq in which all faiths, sects, and
ethnicities are afforded equal protection and full
integration into the Government and society of Iraq; and
(3) in support of counter-ISIS operations and in
conjunction with the Central Government of Iraq, the United
States should provide the Ministry of Peshmerga forces of the
Kurdistan Region of Iraq $290,000,000 in operational
sustainment, so that the Peshmerga forces can more
effectively partner with the Iraqi Security Forces, the
United States, and other international Coalition members to
consolidate gains, hold territory, and protect infrastructure
from ISIS and its affiliates in an effort to deal a lasting
defeat to ISIS and prevent its reemergence in Iraq.
The Acting CHAIR. Pursuant to House Resolution 905, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Modification to Amendment No. 55 Offered by Mr. Thornberry of Texas
Mr. THORNBERRY. Mr. Chairman, I ask unanimous consent that amendment
No. 55 in House Report 115-698 be modified in the form I have placed at
the desk.
[[Page H4575]]
The Acting CHAIR. The Clerk will report the modification.
The Clerk read as follows:
Modification to amendment No. 55 offered by Mr. Conaway of Texas:
The amendment as modified is as follows:
Page 441, line 13, strike ``financial system'' and insert
``business system that contributes to financial
information''.
Mr. THORNBERRY (during the reading). Mr. Chairman, I ask unanimous
consent that the reading of the modification be dispensed with.
The Acting CHAIR. Is there objection to the request of the gentleman
from Texas?
There was no objection.
The Acting CHAIR. Is there objection to the original request of the
gentleman from Texas?
There was no objection.
The Acting CHAIR. The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I have no requests for time for this en
bloc package. I urge its adoption, and I yield back the balance of my
time.
Mr. SMITH of Washington. Mr. Chairman, I, too, have no requests for
time, urge adoption of the amendment, and I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendments en bloc, as
modified, offered by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments, as modified, were agreed to.
The Acting CHAIR. The Chair understands that amendment No. 56 will
not be offered.
Amendments En Bloc No. 5 Offered by Mr. Thornberry of Texas
Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 905, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 5 consisting of amendment Nos. 71, 72, 73, 74,
75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, and 86 printed in House
Report 115-698, offered by Mr. Thornberry of Texas:
Amendment No. 71 Offered by Mr. Perry of Pennsylvania
At the end of section 1221, add the following:
(c) Quarterly Progress Report.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of State, shall submit to the appropriate
congressional committees and leadership of the House of
Representatives and the Senate a progress report under
section 1236 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015,
which shall be provided in unclassified form with a
classified annex if necessary. Such progress report shall,
based on the most recent quarterly information, include an
assessment of the following:
(A) The incorporation of violent extremist organizations
and organizations with association to the Iran's
Revolutionary Guard Corps (IRGC) into the Iraq military.
(B) The level of access violent extremist organizations and
organizations with association to the IRGC have to United
States-provided equipment and training.
(C) United States-provided equipment that is controlled by
unauthorized end users, determined by vetting required in
subsection (e) of section 1236 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015, or is not accounted for by the Government
of Iraq, including a detailed inventory of each equipment
type provided to the Government of Iraq.
(D) Actions taken by the Government of Iraq to repossess
United States-provided equipment from unauthorized end users.
(2) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
Amendment No. 72 Offered by Mr. Schneider of Illinois
Page 587, after line 17, insert the following:
(A) should identify specific countries in which Iran and
Iranian-backed entities are operating;
Page 587, line 18, strike ``(A)'' and insert ``(B)''.
Page 588, line 6, strike ``and''.
Page 588, after line 9, insert the following:
(viii) assessing Iran's destabilizing activities in the
countries identified under subparagraph (A) and the
implications thereof; and
Page 588, line 10, strike ``(B)'' and insert ``(C)''.
Page 588, line 15, strike ``(A)'' and insert ``(B)''.
Amendment No. 73 Offered by Mr. Schneider of Illinois
At the end of subtitle C of title XII, add the following
new section:
SEC. 12_. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA
AND LEBANON.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress
a report that describes Iranian support of proxy forces in
Syria and Lebanon and assesses the increased threat posed to
Israel, other United States regional allies, and other
specified interests of the United States as a result of such
support.
(b) Matters to Be Included.--The report required under
subsection (a) shall include, at a minimum, information
relating to the following matters with respect to both the
strategic and tactical implications for the United States and
its allies:
(1) A description of arms or related material transferred
by Iran to Hizballah since March 2011, including the number
of such arms or related material and whether such transfer
was by land, sea, or air, as well as financial and additional
technological capabilities transferred by Iran to Hizballah.
(2) A description of Iranian and Iranian-controlled
personnel, including Hizballah, Shiite militias, and Iran's
Revolutionary Guard Corps forces, operating within Syria,
including the number and geographic distribution of such
personnel operating within 30 kilometers of the Israeli
borders with Syria and Lebanon.
(3) An assessment of Hizballah's operational lessons
learned based on its recent experiences in Syria.
(4) A description of the threat posed to Israel and other
United States partners in the Middle East by the transfer of
arms or related material or other support offered to
Hizballah and other proxies from Iran.
(c) Definition.--In this section, the term ``arms or
related material'' means--
(1) nuclear, biological, chemical, or radiological weapons
or materials or components of such weapons;
(2) ballistic or cruise missile weapons or materials or
components of such weapons;
(3) destabilizing numbers and types of advanced
conventional weapons;
(4) defense articles or defense services, as those terms
are defined in paragraphs (3) and (4), respectively, of
section 47 of the Arms Export Control Act (22 U.S.C. 2794);
(5) defense information, as that term is defined in section
644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403);
or
(6) items designated by the President for purposes of the
United States Munitions List under section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1)).
Amendment No. 74 Offered by Mr. Ellison of Minnesota
At the end of subtitle C of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON THE LACK OF AUTHORIZATION FOR
THE USE OF THE ARMED FORCES AGAINST IRAN.
It is the sense of Congress that the use of the Armed
Forces against Iran is not authorized by this Act or any
other Act.
Amendment No. 75 Offered by Mr. Ellison of Minnesota
At the end of subtitle C of title XII, add the following:
SEC. 12__. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to authorize the use
of the Armed Forces of the United States against Iran.
Amendment No. 76 Offered by Ms. Lee of California
At the end of subtitle C of title XII, add the following:
SEC. 12__. AFGHANISTAN SECURITY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and by January 15 of every year
thereafter through 2020, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Armed Services and the Committee on Foreign Relations of the
Senate a report on the progress made by the Government of
Afghanistan in achieving the security-sector benchmarks as
outlined by the United States-Afghan Compact, otherwise known
as the Kabul Compact.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
Amendment No. 77 Offered by Mr. Roskam of Illinois
At the end of subtitle C of title XII, add the following
new section:
SEC. 12_. SENSE OF CONGRESS ON BALLISTIC MISSILE PROGRAM OF
IRAN.
It is the sense of Congress that--
(1) the ballistic missile program of Iran represents a
serious threat to allies of the United States in the Middle
East and Europe, members of the Armed Forces deployed in the
those regions, and ultimately the United States;
(2) the testing and production by Iran of ballistic
missiles capable of carrying a nuclear device is a clear
violation of multiple United Nations Security Council
resolutions, which were unanimously adopted by the
international community;
(3) Iran currently maintains the largest inventory of
ballistic missiles in the Middle East;
(4) according to the Director of National Intelligence, Dan
Coats, Iran's ballistic missiles are inherently capable of
delivering weapons of mass destruction and the Office of the
Director of National Intelligence judges they would be used
as Iran's ``preferred method of delivering nuclear weapons,
if it builds them'';
[[Page H4576]]
(5) Director of National Intelligence Coats additionally
asserts ``Tehran's desire to deter the United States might
drive it to field an intercontinental ballistic missile
(ICBM)'' and ``progress on Iran's space program could shorten
a pathway to an ICBM because space launch vehicles use
similar technologies''; and
(6) the Government of the United States should impose tough
primary and secondary sanctions against any sector of the
economy of Iran or any Iranian person that directly or
indirectly supports the ballistic missile program of Iran as
well as any foreign person or financial institution that
engages in transactions or trade that support that program.
Amendment No. 78 Offered by Mr. Yoho of Florida
At the end of subtitle E of title XII, add the following
new section:
SEC. 12__. REINSTATEMENT OF REPORTING REQUIREMENTS WITH
RESPECT TO UNITED STATES-HONG KONG RELATIONS.
Section 301 of the United States-Hong Kong Policy Act of
1992 (22 U.S.C. 5731) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``Not later than'' and inserting ``(a) In
General.-- Not later than'';
(B) by striking ``March 31, 1993'' and all that follows
through ``March 31, 2006'' and inserting ``March 31, 2019,
and annually thereafter through 2024''; and
(C) by striking ``the Speaker of the House of
Representatives'' and inserting ``the chair of the Committee
on Foreign Affairs of the House of Representatives''; and
(2) by adding at the end the following new subsection:
``(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form and shall be published on a
publicly available website of the Department of State.''.
Amendment No. 79 Offered by Mr. Connolly of Virginia
At the end of subtitle E of title XII, add the following
new section:
SEC. 12__. REPORT ON NORTH KOREA.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
departments and agencies, shall submit to the appropriate
congressional committees a report that includes a description
of any ongoing or planned efforts of the Department of State
with respect to each of the following:
(1) Resuming the repatriation from North Korea of members
of the United States Armed Forces missing or unaccounted for
during the Korean War.
(2) Reuniting Korean Americans with their relatives in
North Korea.
(3) Assessing the security risks posed by travel to North
Korea for United States citizens.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
Amendment No. 80 Offered by Ms. Lee of California
Add at the end of subtitle E of title XII the following new
section:
SEC. ___. RULE OF CONSTRUCTION REGARDING USE OF FORCE AGAINST
NORTH KOREA.
Nothing in this Act may be construed as authorizing the use
of force against North Korea.
Amendment No. 81 Offered by Mr. Khanna of California
At the end of subtitle F of title XII, add the following
new section:
SEC. 12_. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as authorizing the
use of force against North Korea.
Amendment No. 82 Offered by Mr. Yoho of Florida
At the end of subtitle F of title XII, add the following
new section:
SEC. 12__. MODIFICATION OF FREEDOM OF NAVIGATION REPORTING
REQUIREMENTS.
Subsection (a) of section 1275 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2540), as amended by section 1262(a)(1) of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1689), is further amended by
striking ``the Committees on Armed Services of the Senate and
the House of Representatives'' and inserting ``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''.
Amendment No. 83 Offered by Ms. Frankel of Florida
At the end of subtitle F of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS REGARDING THE ROLE OF THE UNITED
STATES IN THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of Congress that continued United States
leadership in the North Atlantic Treaty Organization is
critical to the national security of the United States.
Amendment No. 84 Offered by Mr. Delaney of Maryland
At the end of subtitle F of title XII, add the following
new section:
SEC. 12. SENSE OF CONGRESS AND REAFFIRMING THE COMMITMENT OF
THE UNITED STATES TO THE NORTH ATLANTIC TREATY
ORGANIZATION (NATO).
(a) Findings.--Congress finds the following:
(1) On April 4, 1949, the North Atlantic Treaty
Organization (NATO) was founded with the ideals of democracy,
individual liberty, and the desire for peaceful resolutions
of disputes.
(2) For over six decades, NATO has been a successful
intergovernmental political and military alliance.
(3) NATO's collective defense acts as a deterrent to
aggression where the alliance defends its Allied countries
against external security threats.
(4) NATO strengthens the security of the United States by
utilizing an integrated military coalition.
(5) While Russia has continued to threaten the sovereignty
of countries in Europe and exhibit threatening behavior
toward our own military assets, NATO sends a clear collective
message that the Alliance will not tolerate Russia's
provocation.
(6) In respect to the changing threats against Europe and
the United States since the end of the Cold War, NATO has
evolved to take on new dangers including terrorism, the
spread of weapons of mass destruction, and cyber attacks.
(7) After the September 11, 2001, terrorist attacks on the
United States, NATO invoked Article 5 of the North Atlantic
Treaty for the first time in NATO's history to deploy
military resources to Afghanistan in support of the United
States mission to combat a dangerous terrorist threat.
(8) NATO aided the United States military by leading the
International Security Assistance Force in Afghanistan from
August 2003 to 2014, working with Afghan authorities to
respond to the terrorist insurgency and to provide effective
security across the country.
(9) NATO continues a civilian-led presence in Afghanistan
to strengthen Afghan security forces and institutions to
ensure the country can rebuild its security operations and
end safe haven for terrorists.
(10) In November 2002 at the Prague Summit, NATO leaders
adopted a Prague package to adapt NATO to the challenge of
combating terrorism which included a Military Concept for
Defense against Terrorism, a Partnership Action Plan against
Terrorism, missile defense, cyber defense, and enhanced
intelligence sharing.
(11) In November 2006 at the Riga Summit, NATO declared
that ``terrorism, increasingly global in scope and lethal in
results, and the spread of weapons of mass destruction are
likely to be the principal threats to the Alliance over the
next 10 to 15 years''.
(12) In July 2016 at the Warsaw Summit, NATO leaders agreed
to strengthen the Alliance's military presence in Eastern
Europe, declared Initial Operational Capability of NATO's
Ballistic Missile Defense to strengthen the defense of Allied
countries against ballistic missiles, and recognized
cyberspace as a new operational domain.
(13) The attacks in Paris, France; Berlin, Germany;
Istanbul, Turkey; Manchester, England; Barcelona, Spain; and
Brussels, Belgium, home of the NATO Headquarters, shows the
importance of an international alliance to combat terrorist
groups.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States reaffirms its commitment to the North
Atlantic Treaty Organization (NATO) as the foundation of
transatlantic security and defense;
(2) NATO serves as a critical coalition in preserving peace
and stability in the transatlantic region;
(3) NATO's continued effort to develop new capabilities and
technologies to combat terrorism and a changing international
security environment are crucial to enhancing national
security and strengthening the United States ability to
combat evolving security threats; and
(4) the United States encourages each NATO member country
to meet or exceed the commitment to spend two percent of its
Gross Domestic Product (GDP) on defense.
Amendment No. 85 Offered by Mr. Bishop of Michigan
At the end of subtitle F of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS RELATING TO INCREASES IN DEFENSE
CAPABILITIES OF UNITED STATES ALLIES.
It is the sense of Congress that the President, in
furtherance of increased unity, equitable sharing of the
common defense burden, and international stability, should--
(1) encourage all member countries of the North Atlantic
Treaty Organization (``NATO allies'') to fulfill their
commitments to levels and composition of defense expenditures
as agreed upon at the NATO 2014 Wales Summit and NATO 2016
Warsaw Summit;
(2) call on NATO allies to finance, equip, and train their
armed forces to fulfill their national and regional security
interests; and
(3) recognize NATO allies that are meeting their defense
spending commitments or otherwise providing adequately for
their national and regional security interests.
[[Page H4577]]
Amendment No. 86 Offered by Mr. Gohmert of Texas
Add at the end of subtitle F of title XII the following:
SEC. 12__. REPORT ON THREATS BY THE MUSLIM BROTHERHOOD.
(a) Sense of Congress.--It is the sense of Congress that
the Muslim Brotherhood is a threat to the United States.
(b) Strategy.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the President and the Secretary of
Defense, in coordination with the Secretary of State, shall
submit to the appropriate congressional committees a report
that contains an assessment of the threats posed to the
United States by the Muslim Brotherhood.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) A description of the origins of the Muslim Brotherhood.
(B) A description of the strategic aims of the Muslim
Brotherhood.
(C) A description of the tactical methods of the Muslim
Brotherhood.
(D) A description of the funding sources of the Muslim
Brotherhood.
(E) A description of the leadership structures of the
Muslim Brotherhood.
(F) Any other matters the President and Secretary of
Defense consider appropriate.
(3) Form.--The required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
The Acting CHAIR. Pursuant to House Resolution 905, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I urge adoption of this en bloc
package, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I have no speakers. I urge
adoption, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.
Amendments En Bloc No. 6 Offered by Mr. Thornberry of Texas
Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 905, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 6 consisting of amendment Nos. 87, 88, 89, 90,
91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, and 103 printed in
House Report 115-698, offered by Mr. Thornberry of Texas:
amendment no. 87 offered by mr. walz on minnesota
At the end of subtitle F of title XII, add the following:
SEC. 12__. REPORT BY DEFENSE INTELLIGENCE AGENCY ON CERTAIN
MILITARY CAPABILITIES OF CHINA AND RUSSIA.
(a) Report.--The Director of the Defense Intelligence
Agency shall submit to the Secretary of Defense and the
appropriate congressional committees a report on the military
capabilities of the People's Republic of China and the
Russian Federation.
(b) Matters Included.--The report under subsection (a)
shall include, with respect to the military of China and the
military of Russia, the following:
(1) An update on the presence, status, and capability of
the military with respect to any national training centers
similar to the Combat Training Center Program of the United
States.
(2) An analysis of a readiness deployment cycle of the
military, including--
(A) as compared to such a cycle of the United States; and
(B) an identification of metrics used in the national
training centers of that military.
(3) A comprehensive investigation into the capability and
readiness of the mechanized logistics of the army of the
military, including--
(A) an analysis of field maintenance, sustainment
maintenance, movement control, intermodal operations, and
supply; and
(B) how such functions under subparagraph (A) interact with
specific echelons of that military.
(4) An assessment of the future of mechanized army
logistics of that military.
(c) Nonduplication of Efforts.--The Defense Intelligence
Agency may make use of or add to any existing reports
completed by the Agency in order to respond to the reporting
requirement.
(d) Form.--The report under subsection (a) may be submitted
in classified form.
(e) Briefing.--The Director shall provide a briefing to the
Secretary and the committees specified in subsection (a) on
the report under such subsection.
(f) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Foreign Relations of
the Senate.
amendment no. 88 offered by ms. jackson lee of texas
At the end of subtitle F of title XII, add the following:
SEC. 12__. REPORT ON EFFORTS TO COMBAT BOKO HARAM IN NIGERIA
AND THE LAKE CHAD BASIN.
(a) Sense of Congress.--Congress--
(1) strongly condemns the ongoing violence and the
systematic gross human rights violations against the people
of Nigeria and the Lake Chad Basin carried out by Boko Haram;
(2) expresses its support for the people of Nigeria and the
Lake Chad Basin who wish to live in a peaceful, economically
prosperous, and democratic region; and
(3) calls on the President to support Nigerian, Lake Chad
Basin, and international community efforts to ensure
accountability for crimes against humanity committed by Boko
Haram against the people of Nigeria and the Lake Chad Basin,
particularly the young girls kidnapped from Chibok and other
internally displaced persons affected by the actions of Boko
Haram.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Attorney General shall jointly
submit to Congress a report on efforts to combat Boko Haram
in Nigeria and the Lake Chad Basin.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of initiatives undertaken by the
Department of Defense to assist the Government of Nigeria and
countries in the Lake Chad Basin to develop capacities to
deploy special forces to combat Boko Haram.
(B) A description of United States activities to enhance
the capacity of Nigeria and countries in the Lake Chad Basin
to investigate and prosecute human rights violations
perpetrated against the people of Nigeria and the Lake Chad
Basin by Boko Haram, al-Qaeda affiliates, and other terrorist
organizations, in order to promote respect for rule of law in
Nigeria and the Lake Chad Basin.
amendment no. 89 offered by mr. ted lieu of california
At the end of subtitle F of title XII, add the following
new section:
SEC. 12__. REPORT ON INTERFERENCE IN LIBYA BY MILITARY AND
SECURITY FORCES OF OTHER FOREIGN NATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 2
years, the Secretary of Defense and the Secretary of State
shall jointly submit to the appropriate congressional
committees a report on the military activities of external
actors in Libya, including Russia, Egypt, and the United Arab
Emirates.
(b) Elements.--The report required by subsection (a) shall
also include the following:
(1) An assessment of military, security, and influence
activities by foreign countries in Libya, including--
(A) actions that violate or seek to violate the United
Nations arms embargo on Libya imposed pursuant to United
Nations Security Council Resolution 1970 (2011);
(B) actions outside the scope of such Resolution that seek
to increase the relative strength of either the eastern or
western coalition in Libya, including through financing,
policy coordination, or political support;
(C) the extent to which the actions described in
subparagraph (A) and (B) involve United States-origin
equipment and violate contractual conditions of acceptable
use of such equipment;
(2) An assessment of whether the actions described in
subparagraphs (A) and (B) of paragraph (1) have undermined
the United Nations-led and United States-supported
negotiations or the objective of political reconciliation and
stabilization in Libya.
(3) An assessment of Russian influence in Libya and Egypt,
including:
(A) Russian efforts to provide logistical, material or
political assistance to Libyan parties, establish a military
presence, and expand political influence in Libya, and any
facilitation by Egyptian officers or officials for such
activities;
(B) whether the presence and activities of Russian
personnel and equipment in Libya and Egypt, and Russian
requests to establish bases in Egypt, pose or could pose a
future challenge to the United States' ability to operate in
Egypt, Libya, or the southern Mediterranean broadly,
including overflight privileges; and
(C) whether Egypt is facilitating Russian influence and
materiel-provision in Libya and the extent to which such
facilitation undermines United States policy, involves
[[Page H4578]]
United States-origin equipment, and violates contractual
conditions of acceptable use of such equipment.
(4) Any other matters the Secretary of Defense and the
Secretary of State determine to be relevant.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives.
amendment no. 90 offered by mr. brendan f. boyle of pennsylvania
Add at the end of subtitle F of title XII the following:
SEC. 12__. SENSE OF CONGRESS REGARDING BUILDING AN
INTERNATIONAL COALITION TO COUNTER HYBRID
THREATS.
It is the sense of Congress that--
(1) the United States is stronger and more effective when
we work with our partners and allies abroad;
(2) the United States should lead an international effort
of like-minded democracies to build awareness of and
resilience to the Kremlin's malign influence operations.
amendment no. 91 offered by Mr. castro of texas
At the appropriate place in title XII, insert the following
new section:
SEC. 12__. MODIFICATION TO ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
Paragraph (22) of section 1202(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 10
U.S.C. 113 note), as most recently amended by section 1261 of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1688), is further amended by
striking ``activities in the South China Sea'' and inserting
the following: ``activities--
``(A) in the South China Sea;
``(B) in the East China Sea, including in the vicinity of
the Senkaku islands; and
``(C) in the Indian Ocean region.''.
amendment no. 92 offered by mr. schneider of illinois
In section 1685, add at the end the following: ``Not later
than 60 days after the submission of the National
Intelligence Estimate required under this section, the
Secretary of Defense shall report to Congress on efforts of
the Department of Defense to deter such interference. Such
report shall describe and assess any actions taken by the
Department, including cooperation with other Federal agencies
and other countries to deter such interference.''.
amendment no. 93 offered by mr. pearce of new mexico
At the end of subtitle A of title XVI, add the following
new section:
SEC. 16__. INDEPENDENT STUDY ON SPACE LAUNCH LOCATIONS.
(a) Independent Study.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a federally funded
research and development center to conduct a study on space
launch locations, including with respect to the development
and capacity of existing and new locations, and the
vulnerabilities of the use of existing coastal locations and
new locations. The study shall, at a minimum--
(1) identify how additional locations affect the capability
of the Department of Defense to rapidly reconstitute and
improve resilience for defense satellite system launches;
(2) identify the capacities and vulnerabilities of current
and new space launch locations, in light of the rapid
increase in using commercial space services to support
national security space missions and military requirements;
(3) identify partnerships within State government-owned and
-operated spaceports that should be developed to increase
launch capacities and enhance the space resiliency of the
United States;
(4) provide recommendations on strategic placement for
future space launch sites to mitigate vulnerabilities
presented by coastal launch sites; and
(5) identify costs associated with additional locations and
whether such costs should be borne by the Department of
Defense, State governments, or private entities.
(b) Selection.--The Secretary may not enter into the
contract under subsection (a) with a federally funded
research and development center for which the Air Force Space
Command or the Launch Centers of the National Aeronautical
and Space Administration is a sponsor.
(c) Submission to DOD.--Not later than 240 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary
a report containing the study conducted under subsection (a).
(d) Submission to Congress.--Not later than 270 days after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees the report
under subsection (a), without change.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House
of Representatives.
(3) The Committee on Commerce, Science, and Transportation
of the Senate.
amendment no. 94 offered by mr. soto of florida
At the end of subtitle C of title XVI, add the following
new section:
SEC. 16__. INCLUSION OF COMPUTER PROGRAMMING AND
CYBERSECURITY IN CURRICULUM OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
Section 2031(c) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) subject to the authority, direction, and control of
the Secretary of Defense, determine the curriculum of the
program, which shall include, at minimum, instruction in the
subjects of cybersecurity and computer programming.''.
amendment no. 95 offered by Mr. aguilar of california
At the end of subtitle C of title XVI, add the following
new section:
SEC. 16__. DEPARTMENT OF DEFENSE CYBER SCHOLARSHIP PROGRAM
SCHOLARSHIPS AND GRANTS.
(a) Additional Considerations.--Section 2200c of title 10,
United States Code, is amended--
(1) by inserting before ``In the selection'' the following:
``(a) Centers of Academic Excellence in Cyber Education.--
''; and
(2) by adding at the end the following new subsection:
``(b) Certain Institutions of Higher Education.--In the
selection of a recipient for the award of a scholarship or
grant under this chapter, consideration shall be given to
whether--
``(1) in the case of a scholarship, the institution of
higher education at which the recipient pursues a degree is
an institution described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)); and
``(2) in the case of a grant, the recipient is an
institution described in such section.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 2200c of title
10, United States Code, is amended to read as follows:
``Sec. 2200c. Special considerations in awarding scholarships
and grants''.
(2) Table of sections.--The table of sections at the
beginning of chapter 112 of title 10, United States Code, is
amended by striking the item relating to section 2200c and
inserting the following new item:
``2200c. Special considerations in awarding scholarships and grants.''.
amendment no. 96 offered by mrs. comstock of virginia
At the end of subtitle C of title XVI, add the following:
SEC. 16__. REPORT ON TRANSITION OF SHARKSEER PROGRAM.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that assesses the
transition of base operations of the SharkSeer program to the
Defense Information Systems Agency, including with respect to
staffing, acquisition, contracts, sensor management, and the
ability to conduct cyber threat analyses and advanced
malware. The report shall include a spending roadmap and
areas that need increased funding.
amendment no. 97 offered by ms. jackson lee of texas
At the end of subtitle C of title XVI, add the following
new section:
SEC. 16__. REPORT ON CYBERSECURITY APPRENTICE PROGRAM.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the feasibility
of establishing a Cybersecurity Apprentice Program to support
on-the-job training for certain cybersecurity positions and
facilitate the acquisition of cybersecurity certifications.
amendment no. 98 offered by mr. thompson of california
Page 877, insert after line 9 the following new section
(and redesignate the succeeding provisions accordingly):
SEC. 2822. ENVIRONMENTAL RESTORATION AND FUTURE CONVEYANCE OF
PORTION OF FORMER MARE ISLAND FIRING RANGE,
VALLEJO, CALIFORNIA.
(a) Restoration Required as Result of Previous
Remediation.--As soon as practicable, the Secretary of the
Navy shall take such steps as may be required to fill in
depressions in the Mare Island property which resulted from
environmental remediation carried out by the Department of
the Navy prior to the date of the enactment of this section.
(b) Mitigation of Wetlands.--
(1) Method of mitigation.--If the refilling of wetlands on
the Mare Island property requires mitigation, the Secretary
of the Navy shall conduct such mitigation in accordance with
relevant Federal, State and local environmental laws.
(2) Coordination over certain portion of property.--To the
extent that the refilling
[[Page H4579]]
of wetlands on the Mare Island property requires mitigation
on any portion of such property which is subject to a
reversionary interest of the State of California, the
Secretary shall coordinate with the California State Lands
Commission to determine how to best meet the regulatory
requirements applicable to the mitigation of such wetlands.
(c) Report on Compliance and Future Conveyance.--Not later
than 120 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional
defense committees a report describing the process by which
the Secretary plans to meet the requirements of subsections
(a) and (b), as well as a proposal by the Secretary to convey
the Mare Island property (or some portion thereof) to the
State of California or units of local government in the State
of California.
(d) Definition.--In this section, the ``Mare Island
property'' is the parcel of real property consisting of
approximately 48 acres located within the former Mare Island
Naval Shipyard which was formerly used as a firing range by
the Department of the Navy.
amendment no. 99 offered by mr. kinzinger of illinois
Page 882, insert after line 22 the following new section
(and redesignate the succeeding provisions accordingly):
SEC. 2823. MODIFICATION OF CONDITIONS ON LAND CONVEYANCE,
JOLIET ARMY AMMUNITION PLANT, ILLINOIS.
Section 2922(c) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104-106;
110 Stat. 605), as amended by section 2842 of the Military
Construction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106-65; 113 Stat. 863) and section 2838 of
the Military Construction Authorization Act for Fiscal Year
2015 (division B of Public Law 113-291; 128 Stat. 3710), is
amended--
(1) by striking ``(1) The conveyance'' and inserting ``The
conveyance''; and
(2) by striking paragraph (2).
amendment no. 100 offered by mr. culberson of texas
Page 937, insert after line 12 the following new section:
SEC. 2845. BATTLESHIP PRESERVATION GRANT PROGRAM.
(a) Establishment.--There is hereby established within the
Department of the Interior a grant program for the
preservation of our nation's most historic battleships.
(b) Use of Grants.--Amounts received through grants under
this section shall be used for the preservation of our
nation's most historic battleships in a manner that is self-
sustaining and has an educational component.
(c) Criteria for Eligibility.--To be eligible for a grant
under this section, an entity shall--
(1) submit an application under procedures prescribed by
the Secretary;
(2) match the amount of the grant, on a 1-to-1 basis, with
non-Federal assets from non-Federal sources, which may
include cash or durable goods and materials fairly valued as
determined by the Secretary;
(3) maintain records as may be reasonably necessary to
fully disclose--
(A) the amount and the disposition of the proceeds of the
grant;
(B) the total cost of the project for which the grant is
made; and
(C) other records as may be required by the Secretary,
including such records as will facilitate an effective
accounting for project funds; and
(4) provide access to the Secretary for the purposes of any
required audit and examination of any books, documents,
papers, and records of the entity.
(d) Most Historic Battleship Defined.--In this section, the
term ``most historic battleship'' means a battleship that
is--
(1) between 75 and 115 years old;
(2) listed on the National Register of Historic Places; and
(3) located within the State for which it was named.
(e) Savings Provision.--The authorities contained in this
section shall be in addition to, and shall not be construed
to supercede or modify those contained in the National
Historic Preservation Act (16 U.S.C. 470-470x-6).
(f) Private Property Protection.--
(1) In general.--No Federal funds made available to carry
out this section may be used to acquire any real property, or
any interest in any real property, without the written
consent of the owner (or owners) of that property or interest
in property.
(2) No designation.--The authority granted by this section
shall not constitute a Federal designation or have any effect
on private property ownership.
(g) Sunset.--The authority to make grants under this
section expires on September 30, 2025.
amendment no. 101 offered by mr. ben ray lujan of new mexico
At the end of subtitle C of title XXXI, add the following:
SEC. __. SENSE OF CONGRESS REGARDING URANIUM MINING AND
NUCLEAR TESTING.
It is the sense of Congress that the United States should
compensate and recognize all of the miners, workers,
downwinders, and others suffering from the effects of uranium
mining and nuclear testing carried out during the Cold War.
amendment no. 102 offered by mr. tipton of colorado
After section 3401, insert the following:
SECTION 3402. EXCLUSION OF CERTAIN PAYMENTS FROM CALCULATION
FOR FISCAL YEAR 2019 PILT PAYMENTS.
(a) Definitions.--In this section:
(1) Covered payment.--The term ``covered payment'' means a
payment to a unit of general local government for fiscal year
2018 from amounts deposited in the Treasury during the period
of time beginning on November 18, 1997, and ending on August
7, 2008, from a lease issued under section 7439(b)(1) of
title 10, United States Code, and distributed to the unit of
general local government in accordance with the Mineral
Leasing Act (30 U.S.C. 181 et seq.).
(2) Payment law.--The term ``payment law'' has the meaning
given the term in section 6903(a)(1) of title 31, United
States Code.
(3) Unit of general local government.--The term ``unit of
general local government'' has the meaning given the term in
section 6901 of title 31, United States Code.
(b) Calculation of Pilt Payment Amount.--Notwithstanding
any other provision of law, in calculating the amount of a
payment to be made to a unit of general local government for
fiscal year 2019 under chapter 69 of title 31, United States
Code, the Secretary of the Interior shall not consider a
covered payment to be an amount received by the unit of
general local government in the prior fiscal year under a
payment law for purposes of section 6903(b)(1)(A) of that
title.
amendment no. 103 offered by mr. pearce of new mexico
At the appropriate place in the bill, insert the following
new section:
SEC. __. MODIFICATION OF BOUNDARIES OF WHITE SANDS NATIONAL
MONUMENT AND WHITE SANDS MISSILE RANGE.
(a) Definitions.--In this section:
(1) Missile range.--The term ``missile range'' means the
White Sands Missile Range, New Mexico, administered by the
Secretary of the Army.
(2) Monument.--The term ``monument'' means the White Sands
National Monument, New Mexico, established by Presidential
Proclamation No. 2025 (16 U.S.C. 431 note), dated January 18,
1933, and administered by the Secretary.
(3) Public land order.--The term ``Public Land Order''
means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg.
4822).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Military munitions.--The term ``military munitions''
has the meaning given the term in section 101(e)(4) of title
10, United States Code.
(6) Munitions debris.--The term ``munitions debris'' means
remnants of military munitions remaining after munitions use,
demilitarization, or disposal.
(b) Transfers of Administrative Jurisdiction.--
(1) Transfer of administrative jurisdiction to the
secretary.--
(A) In general.--Administrative jurisdiction over the land
described in subparagraph (B) is transferred from the
Secretary of the Army to the Secretary.
(B) Description of land.--The land referred to in
subparagraph (A) is the land generally depicted as ``Transfer
DOA to NPS (National Park Service)'' on the map titled
``White Sands National Monument (WHSA) & White Sands Missile
Range (WSMR) New Proposed White Sands National Monument
Boundary'', created April 20, 2018, comprising--
(i) approximately 2,826 acres of land within the monument
that is under the jurisdiction of the Secretary of the Army;
and
(ii) approximately 5,766 acres of land within the missile
range that is abutting the monument.
(2) Transfer of administrative jurisdiction to the
secretary of the army.--
(A) In general.--Administrative jurisdiction over the land
described in subparagraph (B) is transferred from the
Secretary to the Secretary of the Army.
(B) Description of land.--The land referred to in
subparagraph (A) is the approximately 3,737 acres of land
within the monument abutting the missile range, as generally
depicted on the map described in paragraph (1)(B) as
``Transfer NPS to DOA (Department of the Army)''.
(c) Boundary Modifications.--
(1) Monument.--
(A) In general.--Following transfers in subsection (b), the
boundary of the monument is modified as generally depicted as
``New Proposed WHSA Boundary'' on the map described in
subsection (b)(1)(B).
(B) Map.--
(i) In general.--The Secretary, in coordination with the
Secretary of the Army, shall prepare and keep on file for
public inspection a map and legal description depicting the
revised boundary of the monument.
(ii) Effect.--The map and legal description shall have the
same force and effect as if included in this Act, except that
the Secretary may correct clerical and typographical errors
in the legal description and map.
(2) Missile range.--The Public Land Order is modified to
exclude the land transferred to the Secretary under
subsection (b)(1) and to include the land transferred to the
Secretary of the Army under subsection (b)(1).
(3) Conforming amendment.--Section 2854 of Public Law 104-
201 (54 U.S.C. 320301 note) is repealed.
(d) Administration.--
[[Page H4580]]
(1) Monument.--The Secretary shall administer the land
transferred under subsection (b)(1) in accordance with laws
(including regulations) applicable to the monument.
(2) Missile range.--Subject to paragraph (3), the Secretary
of the Army shall administer the land transferred to the
Secretary of the Army under subsection (b)(2) as part of the
missile range.
(3) Fence.--
(A) In general.--The Secretary of the Army shall continue
to allow the Secretary to maintain the fence shown on the map
described in subsection (b)(1)(B) until such time as the
Secretary determines that the fence is unnecessary for the
management of the monument.
(B) Removal.--If the Secretary determines that the fence is
unnecessary for the management of the monument under
subparagraph (A), the Secretary shall promptly remove the
fence at the expense of the Department of the Interior.
(4) Military munitions and munitions debris.--
(A) Response action.--With respect to any Federal
liability, the Secretary of the Army shall remain responsible
for any response action addressing military munitions or
munitions debris on the land transferred under subsection
(b)(1) to the same extent as on the day before the date of
enactment of this Act.
(B) Access.--At the request of the Secretary and subject to
available appropriations, the Secretary of the Army shall
have access to the land transferred under subsection (b)(1)
for the purposes of conducting investigations of military
munitions or munitions debris on the transferred land.
(C) Applicable law.--Any activities undertaken under this
subsection shall be carried out in accordance with the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
The Acting CHAIR. Pursuant to House Resolution 905, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I have no speakers for this en bloc
package. I urge its adoption, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I, too, urge adoption, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.
Mr. THORNBERRY. Mr. Chair, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Kustoff of Tennessee) having assumed the chair, Mr. Johnson of
Louisiana, Acting Chair of the Committee of the Whole House on the
state of the Union, reported that that Committee, having had under
consideration the bill (H.R. 5515) to authorize appropriations for
fiscal year 2019 for military activities of the Department of Defense
and for military construction, to prescribe military personnel
strengths for such fiscal year, and for other purposes, had come to no
resolution thereon.
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