Congressional Record, Volume 164 Issue 85 (Wednesday, May 23, 2018)

[Congressional Record Volume 164, Number 85 (Wednesday, May 23, 2018)]
[House]
[Pages H4606-H4673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019

General Leave

Mr. THORNBERRY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material on H.R. 5515.
The SPEAKER pro tempore (Mr. Amodei). Is there objection to the
request of the gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 908 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 Texas (Mr. Poe) kindly resume the chair.

{time} 1431

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

[[Page H4607]]

military personnel strengths for such fiscal year, and for other
purposes, with Mr. Poe of Texas (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
pursuant to House Resolution 905, amendment No. 5 printed in House
Report 115-698 offered by the gentleman from California (Mr. Garamendi)
had been disposed of.
Pursuant to House Resolution 908, no further amendment to the bill,
as amended, shall be in order except those printed in House Report 115-
702 and amendments en bloc described in section 3 of House Resolution
908.
Each further amendment printed in the report shall be considered only
in the order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall be
debatable for the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
It shall be in order at any time for the chair of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority member
of the Committee on Armed Services or their respective designees, shall
not be subject to amendment, and shall not be subject to a demand for
division of the question.

Amendments En Bloc No. 1 Offered by Mr. Thornberry of Texas

Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 908, 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. 1, 2, 4, 5, 6,
7, 9, 11, 12, 14, 15, 16, 17, 18, 20, 21, 23, 24, 25, 26, 27, 28, 29,
30, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 51,
52, 53, 54, 55, 56, 57, 58, 59, and 60 printed in House Report 115-702,
offered by Mr. Thornberry of Texas:

amendment no. 1 offered by ms. michelle lujan grisham of new mexico

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

SEC. 2__. COLLABORATION BETWEEN DEFENSE LABORATORIES,
INDUSTRY, AND ACADEMIA; OPEN CAMPUS PROGRAM.

(a) Collaboration.--The Secretary of Defense may carry out
activities to prioritize innovative collaboration between
Department of Defense laboratories, industry, and academia.
(b) Open Campus Program.--In carrying out subsection (a),
the Secretary of Defense, acting through the Commander of the
Air Force Research Laboratory, may develop and implement an
open campus program for the Laboratory which shall be modeled
after the open campus program of the Army Research
Laboratory.

amendment no. 2 offered by ms. michelle lujan grisham of new mexico

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

SEC. 2__. ENTREPRENEURIAL EDUCATION PROGRAM FOR PERSONNEL OF
DEPARTMENT OF DEFENSE LABORATORIES.

In order to promote a strong, lasting foundation for the
national innovation ecosystem and increase the positive
economic and social impact of federally funded research, the
Secretary of Defense may--
(1) carry out a program (commonly known as an ``I-Corps
program'') under which entrepreneurship and commercialization
education, training, and mentoring is provided to personnel
of Department of Defense laboratories; and
(2) determine eligibility requirements for the program.

amendment no. 4 offered by mr. suozzi of new york

At the end of subtitle B of title III, insert the
following:

SEC. 3__. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION
PROGRAMS.

(a) Findings.--Congress makes the following findings:
(1) The Department of Defense has identified nearly 39,500
sites that fall under the installation restoration program
sites and munitions response sites.
(2) The installation response program addresses
contamination from hazardous substances, pollutants, or
contaminants and active military installations, formerly used
defense site properties, and base realignment and closure
locations in the United States.
(3) Munitions response sites are known or suspected to
contain unexploded ordnance, discarded military munitions, or
munitions constitutes are addressed through the military
munitions response program.
(4) The installation restoration program sites and
munitions response sites have had significant impacts on
state and local governments that have had to bear the
increased costs of environmental degradation, notably
groundwater contamination, and local populations that have
had to live with the consequences of contaminated drinking,
including increased health concerns and decreasing property
values.
(5) Through the end of fiscal year 2017, the Department of
Defense had achieved response complete at 86 percent of
installation restoration program sites and munitions response
sites, but projects that it will fall short of meeting its
goal of 90 percent by the end of fiscal year 2018.
(6) The fiscal year 2019 budget request for environmental
restoration and base realignment and closure amounted to
nearly $1,318,320,000, a decrease of $53,429,000 from the
amount authorized in the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91).
(b) Sense of Congress.--It is the sense of Congress that--
(1) the environmental restoration and base realignment and
closure programs are important for the protection of the
environment, the health of the military and civilian
personnel and their families who live and work on military
installations, to ensure that current and legacy military
operations do not adversely affect the health or environments
of surrounding communities;
(2) the Department of Defense and the Armed Forces should
seek to reduce the financial burden on state and local
government who are bearing significant costs of cleanup
stemming from defense related activities;
(3) the Department of Defense and the Armed Forces should
expedite and streamline cleanup at locations where
contamination is having a direct impact on civilian access to
clean drinking water;
(4) the Department of Defense and the Armed Forces should
continue to engage with and help allay local community
concerns about the safety of the drinking water due to
environmental degradation caused by defense related
activities; and
(5) the Department of Defense should seek opportunities to
accelerate environmental restoration efforts where feasible,
to include programming additional resources for response
actions, investing in technology solutions that may expedite
response actions, improving contracting procedures,
increasing contracting capacity, and seeking opportunities
for partnerships and other cooperative approaches.
(c) Briefing Required.--Not later than 120 days after
enactment of this Act, the Assistant Secretary of Defense for
Energy, Installations, and Environment shall provide a
briefing to the Committees on Armed Services of the Senate
and House of Representatives on initiatives being pursued to
accelerate environmental restoration efforts.

amendment no. 5 offered by mrs. cicilline of rhode island

At the end of subtitle E of title III, insert the
following:

SEC. 3__. NOTIFICATION REQUIREMENTS RELATING TO CHANGES TO
MILITARY UNIFORM COMPONENTS.

(a) DLA Notification.--The Secretary of a military
department shall notify the Commander of the Defense
Logistics Agency of plans to make changes to a service member
uniform or service member uniform component. Such
notification shall be made not less than three years prior to
the uniform change.
(b) Contractor Notification.--The Commander of the Defense
Logistics Agency shall notify a contractor when one of the
military services plans to make a change to a military
uniform component that is provided by that contractor. Such a
notification shall be made not less than 12 months prior to
any announcement of a public solicitation for the manufacture
of the new uniform components.
(c) Waiver.--If the Secretary of a military department or
the Commander of the Defense Logistics Agency determines that
the notification requirement under subsection (a) would
adversely impact operational safety, force protection, or
national security interests of the United States, the
secretary or the Commander may waive such requirement.

amendment no. 6 offered by mr. connolly of virginia

At the end of subtitle E of title III, insert the
following:

SEC. 3__. ASSESSMENT, MONITORING, AND EVALUATION OF SECURITY
COOPERATION.

(a) Assessment, Monitoring, and Evaluation of Security
Cooperation Activities.--Of the amount for Operations and
Maintenance, Defense-wide made available to the Defense
Security Cooperation Agency for fiscal year 2019, not less
than $12,000,000 shall be allocated for the assessment,
monitoring, and evaluation of security cooperation activities
in accordance with section 383 of title 10, United States
Code.
(b) Limitation on Use of Funds.--Of the amount for
Operation and Maintenance, Defense-wide made available to the
Department of Defense for fiscal year 2019 for activities
under section 333 of title 10, United States Code, not more
than 50 percent may be expended until the Secretary presents
to Congress a written plan for the expenditure of

[[Page H4608]]

the amount allocated under subsection (a), including--
(1) a description of the activities planned for fiscal year
2019 for the evaluation of security cooperation programs
across the security cooperation enterprise, including through
chapter 16 of title 10, United States Code, the Afghanistan
Security Forces Fund, the Counter-ISIL Fund, the cooperative
threat reduction program, and other security cooperation
authorities as appropriate; and
(2) a description of the activities planned for fiscal year
2019 for the training, support, and organization of the
Department to effectively carry out responsibilities under
section 383 of title 10, United States Code.
(c) Offset.--In section 4301 of division D, relating to
operation and maintenance, Navy, reduce the amount for
administration, Line 510, by $6,000,000.

amendment no. 7 offered by mr. crawford of arkansas

At the end of subtitle E of title III, insert the
following:

SEC. 3__. JOINT TASK FORCE FOR EXPLOSIVE ORDNANCE DISPOSAL
AND COUNTERING IMPROVISED EXPLOSIVE DEVICES IN
UNITED STATES NORTHERN COMMAND.

(a) Plan Required.--Not later than March 1, 2019, the
Secretary of Defense shall provide to the congressional
defense committees an unclassified plan on how the United
States Northern Command will organize a Joint Task Force for
Explosive Ordnance Disposal and Countering Improvised
Explosive Devices, over the full range of military
operations, including--
(1) combatant commander's daily operational requirements on
joint mission command of explosive ordnance disposal force
planning;
(2) protection of the Commander in Chief and critical
infrastructures; and
(3) immediate response assistance to civil authorities on
improvised explosive devices, military munitions, and
explosives technical advice provided at the incident scene.
(b) Elements.--The plan required by subsection (a) shall
include each of the following:
(1) An identification of the person to whom the commander
of the joint task force reports.
(2) A description of how the Joint Task Force on Explosive
Ordnance Disposal and Countering Improvised Explosive Devices
would implement its responsibilities under sections 377, 380,
381, 382 and 383 of title 10 United States Code, and
Department of Defense Directives 5111.13 and 5111.18.
(3) An example of the standing execution order of the Joint
Chiefs that would identify the rotation of tactical units as
forces for the Joint Task Force for Explosive Ordnance
Disposal and Countering Improvised Explosive Devices during
each of fiscal years 2020 through 2025.
(4) A description of whether, in leveraging, integrating,
and aligning United States Government efforts, the joint task
force plans to detail the explosive ordnance disposal
qualified liaison personnel of the joint task force to, or
host liaison personnel from, or a combination thereof at any
of the following:
(A) The National Joint Terrorism Task Force.
(B) The National Explosives Task Force.
(C) The Critical Incident Response Group.
(D) The Terrorist Explosive Device Analytical Center.
(E) The Bomb Data Center.
(F) The National Center for Explosives Training and
Research.
(G) The Hazardous Devices School.
(H) The Office of Bombing Prevention.

amendment no. 7 offered by ms. michelle lujan grisham of new mexico

At the end of subtitle C of title V, insert the following
new section:

SEC. 528. ENTREPRENEURIAL SABBATICAL FOR SCIENTISTS EMPLOYED
AT DEFENSE LABORATORIES.

The Secretary of Defense may prescribe regulations that
permit scientists employed at defense laboratories to take
unpaid sabbaticals from such employment to work in the
private sector. Such regulations may address issues including
conflict of interest and the risk and impact to mission if
critical positions are unfilled due to a sabbatical.

amendment no. 11 offered by ms. kuster of new hampshire

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

SEC. 7__. REPORT ON MHS GENESIS ELECTRONIC HEALTH RECORD
SYSTEM.

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 outlining the
corrective actions that were taken based on the results of
the Initial Operational Test and Evaluation Report prior to
fielding the electronic health record system known as MHS
Genesis to additional military medical treatment facilities
beyond such facilities participating in the initial
operational testing and evaluation of MHS Genesis.

amendment no. 12 offered by mr. schneider of illinois

Page 368, after line 24, insert the following:
(c) Improvements to Technical and Business Assistance.--
Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is
amended--
(1) in the subsection heading, by inserting ``and
Business'' after ``Technical'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``a vendor selected under paragraph (2)''
and inserting ``1 or more vendors selected under paragraph
(2)(A)'';
(ii) by inserting ``and business'' before ``assistance
services''; and
(iii) by inserting ``assistance with product sales,
intellectual property protections, market research, market
validation, and development of regulatory plans and
manufacturing plans,'' after ``technologies,''; and
(B) in subparagraph (D), by inserting ``, including
intellectual property protections'' before the period at the
end;
(3) in paragraph (2)--
(A) by striking ``Each agency may select a vendor to assist
small business concerns to meet'' and inserting the
following:
``(A) In general.--Each agency may select 1 or more vendors
from which small business concerns may obtain assistance in
meeting''; and
(B) by adding at the end the following:
``(B) Selection by small business concern.--A small
business concern may, by contract or otherwise, select 1 or
more vendors to assist the small business concern in meeting
the goals listed in paragraph (1).''; and
(4) in paragraph (3)--
(A) by inserting ``(A)'' after ``paragraph (2)'' each place
it appears;
(B) in subparagraph (A), by striking ``$5,000 per year''
each place it appears and inserting ``$6,500 per year'';
(C) in subparagraph (B)--
(i) by striking ``$5,000 per year'' each place it appears
and inserting ``$50,000 per project''; and
(ii) in clause (ii), by striking ``which shall be in
addition to the amount of the recipient's award'' and
inserting ``which may, as determined appropriate by the head
of the agency, be included as part of the recipient's award
or be in addition to the amount of the recipient's award'';
(D) in subparagraph (C)--
(i) by inserting ``or business'' after ``technical'';
(ii) by striking ``the vendor'' and inserting ``a vendor'';
and
(iii) by adding at the end the following: ``Business-
related services aimed at improving the commercialization
success of a small business concern may be obtained from an
entity, such as a public or private organization or an agency
of or other entity established or funded by a State that
facilitates or accelerates the commercialization of
technologies or assists in the creation and growth of private
enterprises that are commercializing technology.'';
(E) in subparagraph (D)--
(i) by inserting ``or business'' after ``technical'' each
place it appears; and
(ii) in clause (i), by striking ``the vendor'' and
inserting ``1 or more vendors''; and
(F) by adding at the end the following:
``(E) Multiple award recipients.--The Administrator shall
establish a limit on the amount of technical and business
assistance services that may be received or purchased under
subparagraph (B) by a small business concern that has
received multiple Phase II SBIR or STTR awards for a fiscal
year.''.

amendment no. 14 offered by mr. lawson of florida

Page 381, after line 9, insert the following:

SEC. 861. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM.

Section 9 of the Small Business Act (15 U.S.C. 638) is
amended by adding at the end the following new subsection:
``(tt) Commercialization Assistance Pilot Programs.--
``(1) Pilot programs implemented.--
``(A) In general.--Except as provided in subparagraph (B),
not later than one year after the date of the enactment of
this subsection, a covered agency shall implement a
commercialization assistance pilot program, under which an
eligible entity may receive a subsequent Phase II SBIR award.
``(B) Exception.--If the Administrator determines that a
covered agency has a program that is sufficiently similar to
the commercialization assistance pilot program established
under this subsection, such covered agency shall not be
required to implement a commercialization assistance pilot
program under this subsection.
``(2) Percent of agency funds.--The head of each covered
agency may allocate not more than 5 percent of the funds
allocated to the SBIR program of the covered agency for the
purpose of making a subsequent Phase II SBIR award under the
commercialization assistance pilot program.
``(3) Termination.--A commercialization assistance pilot
program established under this subsection shall terminate on
September 30, 2022.
``(4) Application.--To be selected to receive a subsequent
Phase II SBIR award under a commercialization assistance
pilot program, an eligible entity shall submit to the covered
agency implementing such pilot program an application at such
time, in such manner, and containing such information as the
covered agency may require, including--
``(A) an updated Phase II commercialization plan; and
``(B) the source and amount of the matching funding
required under paragraph (5).
``(5) Matching funding.--
``(A) In general.--The Administrator shall require, as a
condition of any subsequent Phase II SBIR award made to an
eligible entity under this subsection, that a matching amount
(excluding any fees collected by the

[[Page H4609]]

eligible entity receiving such award) equal to the amount of
such award be provided from an eligible third-party investor.
``(B) Ineligible sources.--An eligible entity may not use
funding from ineligible sources to meet the matching
requirement of subparagraph (A).
``(6) Award.--A subsequent Phase II SBIR award made to an
eligible entity under this subsection--
``(A) may not exceed the limitation described under
subsection (aa)(1); and
``(B) shall be disbursed during Phase II.
``(7) Use of funds.--The funds awarded to an eligible
entity under this subsection may only be used for research
and development activities that build on eligible entity's
Phase II program and ensure the research funded under such
Phase II is rapidly progressing towards commercialization.
``(8) Selection.--In selecting eligible entities to
participate in a commercialization assistance pilot program
under this subsection, the head of a covered agency shall
consider--
``(A) the extent to which such award could aid the eligible
entity in commercializing the research funded under the
eligible entity's Phase II program;
``(B) whether the updated Phase II commercialization plan
submitted under paragraph (4) provides a sound approach for
establishing technical feasibility that could lead to
commercialization of such research;
``(C) whether the proposed activities to be conducted under
such updated Phase II commercialization plan further improve
the likelihood that such research will provide societal
benefits;
``(D) whether the small business concern has progressed
satisfactorily in Phase II to justify receipt of a subsequent
Phase II SBIR award;
``(E) the expectations of the eligible third-party investor
that provides matching funding under paragraph (5); and
``(F) the likelihood that the proposed activities to be
conducted under such updated Phase II commercialization plan
using matching funding provided by such eligible third-party
investor will lead to commercial and societal benefit.
``(9) Evaluation report.--Not later than 3 years after the
date of the enactment of this subsection, the Comptroller
General of the United States shall submit to the Committee on
Science, Space, and Technology and the Committee on Small
Business of the House of Representatives, and the Committee
on Small Business and Entrepreneurship of the Senate, a
report including--
``(A) a summary of the activities of commercialization
assistance pilot programs carried out under this subsection;
``(B) a detailed compilation of results achieved by such
commercialization assistance pilot programs, including the
number of eligible entities that received awards under such
programs;
``(C) the rate at which each eligible entity that received
a subsequent Phase II SBIR award under this subsection
commercialized research of the recipient;
``(D) the growth in employment and revenue of eligible
entities that is attributable to participation in a
commercialization assistance pilot program;
``(E) a comparison of commercialization success of eligible
entities participating in a commercialization assistance
pilot program with recipients of an additional Phase II SBIR
award under subsection (ff);
``(F) demographic information, such as ethnicity and
geographic location, of eligible entities participating in a
commercialization assistance pilot program;
``(G) an accounting of the funds used at each covered
agency that implements a commercialization assistance pilot
program under this subsection;
``(H) the amount of matching funding provided by eligible
third-party investors, set forth separately by source of
funding;
``(I) an analysis of the effectiveness of the
commercialization assistance pilot program implemented by
each covered agency; and
``(J) recommendations for improvements to the
commercialization assistance pilot program.
``(10) Definitions.--For purposes of this subsection:
``(A) Covered agency.--The term `covered agency' means a
Federal agency required to have an SBIR program.
``(B) Eligible entity.--The term `eligible entity' means a
small business concern that has received a Phase II award
under an SBIR program and an additional Phase II SBIR award
under subsection (ff) from the covered agency to which such
small business concern is applying for a subsequent Phase II
SBIR award.
``(C) Eligible third-party investor.--The term `eligible
third-party investor' means a small business concern other
than an eligible entity, a venture capital firm, an
individual investor, a non-SBIR Federal, State or local
government, or any combination thereof.
``(D) Ineligible sources.--The term `ineligible sources'
means the following:
``(i) The eligible entity's internal research and
development funds.
``(ii) Funding in forms other than cash, such as in-kind or
other intangible assets.
``(iii) Funding from the owners of the eligible entity, or
the family members or affiliates of such owners.
``(iv) Funding attained through loans or other forms of
debt obligations.
``(E) Subsequent phase ii sbir award.--The term `subsequent
Phase II SBIR award' means an award granted to an eligible
entity under this subsection to carry out further
commercialization activities for research conducted pursuant
to an SBIR program.''.

amendment no. 15 offered by ms. velazquez of new york

Page 381, after line 9, insert the following:

SEC. 861. PUERTO RICO BUSINESSES.

(a) Definition of Puerto Rico Business.--Section 3 of the
Small Business Act (15 U.S.C. 632) is amended by adding at
the end the following new subsection:
``(ee) Puerto Rico Business.--In this Act, the term `Puerto
Rico business' means a small business concern that has its
principal office located in the Commonwealth of Puerto
Rico.''.
(b) Small Business Credit for Puerto Rico Businesses.--
Section 15 of the Small Business Act (15 U.S.C. 644) is
amended by adding at the end the following new subsection:
``(w) Small Business Credit for Puerto Rico Businesses.--
``(1) Credit for meeting contracting goals.--If an agency
awards a prime contract to Puerto Rico business during the
period beginning on the date of enactment of this subsection
and ending on the date that is 4 years after such date of
enactment, the value of the contract shall be doubled for
purposes of determining compliance with the goals for
procurement contracts under subsection (g)(1)(A)(i) during
such period.
``(2) Report.--Along with the report required under
subsection (h)(1), the head of each Federal agency shall
submit to the Administrator, and make publicly available on
the scorecard described in section 868(b) of the National
Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644
note), an analysis of the number and dollar amount of prime
contracts awarded pursuant to paragraph (1) for each fiscal
year of the period described in such paragraph.''.
(c) Priority for Surplus Property Transfers.--Section
7(j)(13)(F) of the Small Business Act (15 U.S.C.
636(j)(13)(F)) is amended by adding at the end the following
new clause:
``(iii)(I) In this clause, the term `covered period' means
the period beginning on the date of enactment of this clause
and ending on the date on which the Oversight Board
established under section 101 of the Puerto Rico Oversight,
Management, and Economic Stability Act (48 U.S.C. 2121)
terminates.
``(II) The Administrator may transfer technology or surplus
property under clause (i) to a Puerto Rico business if the
Puerto Rico business meets the requirements for such a
transfer, without regard to whether the Puerto Rico business
is a Program Participant.''.
(d) Contracting Incentives for Protege Firms That Are
Puerto Rico Businesses.--
(1) In general.--Section 45(a) of the Small Business Act
(15 U.S.C. 657r(a)) is amended by adding at the end the
following new paragraph:
``(3) Puerto rico businesses.--During the period beginning
on the date of enactment of this paragraph and ending on the
date on which the Oversight Board established under section
101 of the Puerto Rico Oversight, Management, and Economic
Stability Act (48 U.S.C. 2121) terminates, the Administrator
shall identify potential incentives to a covered mentor that
awards a subcontract to its covered protege, including--
``(A) positive consideration in any past performance
evaluation of the covered mentor;
``(B) the application of costs incurred for providing
training to such covered protege to the subcontracting plan
(as required under paragraph (4) or (5) of section 8(d)) of
the covered mentor; and
``(C) such other incentives as the Administrator determines
appropriate.''.
(2) Definitions.--Section 45(d) of the Small Business Act
(15 U.S.C. 657r(d)) is amended by adding at the end the
following new paragraphs:
``(4) Covered mentor.--The term `covered mentor' means a
mentor that enters into an agreement under this Act, or under
any mentor-protege program approved under subsection (b)(1),
with a covered protege.
``(5) Covered protege.--The term `covered protege' means a
protege of a covered mentor that is a Puerto Rico
business.''.
(e) Additional Mentor-protege Relationships for Protege
Firms That Are Puerto Rico Businesses.--Section 45(b)(3)(A)
of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is
amended by inserting ``, except that such restrictions shall
not apply to up to 2 mentor-protege relationships if such
relationships are between a covered protege and covered
mentor'' after ``each participant''.

amendment no. 16 offered by ms. clarke of new york

Page 381, after line 9, insert the following:

SEC. 861. UNITED STATES VIRGIN ISLANDS SMALL BUSINESS
CONTRACTING ASSISTANCE.

(a) Short Title.--This section may be cited as the ``United
States Virgin Islands Small Business Contracting Assistance
Act of 2018''.
(b) Definition of United States Virgin Islands Business.--
Section 3 of the Small Business Act (15 U.S.C. 632) is
amended by adding at the end the following new subsection:
``(ee) United States Virgin Islands Business.--In this Act,
the term `United States Virgin Islands business' means a
small business concern that has its principal office located
in the United States Virgin Islands.''.
(c) Small Business Credit for United States Virgin Islands
Businesses.--Section 15 of the Small Business Act (15 U.S.C.

[[Page H4610]]

644) is amended by adding at the end the following new
subsection:
``(w) Small Business Credit for United States Virgin
Islands Businesses.--
``(1) Credit for meeting contracting goals.--If an agency
awards a prime contract to United States Virgin Islands
business during the period beginning on the date of enactment
of this subsection and ending on the date that is 4 years
after such date of enactment, the value of the contract shall
be doubled for purposes of determining compliance with the
goals for procurement contracts under subsection (g)(1)(A)(i)
during such period.
``(2) Report.--Along with the report required under
subsection (h)(1), the head of each Federal agency shall
submit to the Administrator, and make publicly available on
the scorecard described in section 868(b) of the National
Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644
note), an analysis of the number and dollar amount of prime
contracts awarded pursuant to paragraph (1) for each fiscal
year of the period described in such paragraph.''.
(d) Priority for Surplus Property Transfers.--Section
7(j)(13)(F) of the Small Business Act (15 U.S.C.
636(j)(13)(F)) is amended by adding at the end the following
new clause:
``(iii)(I) In this clause, the term `covered period' means
the period beginning on the date of enactment of this clause
and ending on the date that is 3 years after such date of
enactment.
``(II) The Administrator may transfer technology or surplus
property under clause (i) to a United States Virgin Islands
business during the covered period if the such business meets
the requirements for such a transfer, without regard to
whether such business is a Program Participant.''.
(e) Contracting Incentives for Protege Firms That Are
United States Virgin Islands Businesses.--
(1) In general.--Section 45(a) of the Small Business Act
(15 U.S.C. 657r(a)) is amended by adding at the end the
following new paragraph:
``(3) United states virgin islands businesses.--During the
period beginning on the date of enactment of this paragraph
and ending on the date that is 3 years after such date of
enactment, the Administrator shall identify potential
incentives to a covered mentor that awards a subcontract to
its covered protege, including--
``(A) positive consideration in any past performance
evaluation of the covered mentor;
``(B) the application of costs incurred for providing
training to such covered protege to the subcontracting plan
(as required under paragraph (4) or (5) of section 8(d)) of
the covered mentor; and
``(C) such other incentives as the Administrator determines
appropriate.''.
(2) Definitions.--Section 45(d) of the Small Business Act
(15 U.S.C. 657r(d)) is amended by adding at the end the
following new paragraphs:
``(4) Covered mentor.--The term `covered mentor' means a
mentor that enters into an agreement under this Act, or under
any mentor-protege program approved under subsection (b)(1),
with a covered protege.
``(5) Covered protege.--The term `covered protege' means a
protege of a covered mentor that is a United States Virgin
Islands business.''.
(f) Additional Mentor-protege Relationships for Protege
Firms That Are United States Virgin Islands Businesses.--
Section 45(b)(3)(A) of the Small Business Act (15 U.S.C.
657r(b)(3)(A)) is amended by inserting ``, except that,
during the 3-year period beginning on the date of the
enactment of the United States Virgin Islands Small Business
Contracting Assistance Act of 2018, such restrictions shall
not apply to up to 2 mentor-protege relationships if such
relationships are between a covered protege and covered
mentor'' after ``each participant''.

amendment no. 17 offered by mrs. hartzler of missouri

Page 399, line 9, insert ``or Video Surveillance'' after
``Telecommunications''.
Page 399, line 19, insert ``or video surveillance'' before
``equipment''.
Page 400, line 23, insert ``or video surveillance'' before
``equipment''.
Page 401, line 2, insert ``or video surveillance'' before
``equipment''.
Page 401, line 8, insert ``or video surveillance'' before
``equipment''.
Page 401, line 21, insert ``, Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company,
Dahua Technology Company,'' before ``or ZTE''.
Page 402, line 15, insert ``or video surveillance'' before
``equipment''.
Page 402, line 17, insert ``or video surveillance'' before
``equipment''.
Page 402, line 19, insert ``, Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company,
Dahua Technology Company,'' before ``or ZTE''.
Page 402, line 22, insert ``or video surveillance'' before
``services''.
Page 403, line 1, insert ``or video surveillance'' before
``equipment''.
Page 403, line 12, insert ``or video surveillance'' before
``equipment''.
Page 403, line 14, insert ``, Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company,
Dahua Technology Company,'' after ``Company''.
Page 404, line 2, insert ``, Hytera, Hikvision, Dahua,''
after ``Huawei''.
Page 404, line 14, insert ``State and local governments''
after ``companies''.

amendment no. 18 offered by mr. mccaul of texas

Page 399, beginning line 21, insert after the period the
following new sentence: ``The prohibitions described in this
paragraph include the obligation or expenditure of loans or
grant funds to procure or obtain, extend or renew a contract
to procure or obtain, or enter into a contract (or extend or
renew a contract) to procure or obtain covered
telecommunications equipment or services.''.

amendment no. 20 offered by ms. velazquez of new york

Add at the end of subtitle E of title VIII the following
new section:

SEC. 8__. OPPORTUNITIES FOR EMPLOYEE-OWNED BUSINESS CONCERNS
THROUGH SMALL BUSINESS ADMINISTRATION LOAN
PROGRAMS.

(a) Definitions.--In this Act--
(1) the terms ``Administration'' and ``Administrator''
means the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``cooperative'' means an entity that is
determined to be a cooperative by the Administrator, in
accordance with applicable Federal and State laws and
regulations;
(3) the term ``employee-owned business concern'' means--
(A) a cooperative; and
(B) a qualified employee trust;
(4) the terms ``qualified employee trust'' and ``small
business concern'' have the meanings given those terms in
section 3 of the Small Business Act (15 U.S.C. 632); and
(5) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648).
(b) Expansion of 7(a) Loans.--
(1) In general.--Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended--
(A) in paragraph (15)--
(i) in subparagraph (A)--

(I) by striking ``this subsection to qualified employee
trusts'' and inserting ``this subsection--

``(i) to qualified employee trusts'';

(II) in clause (i), as so designated--

(aa) by inserting ``, and for any transaction costs
associated with purchasing,'' after ``purchasing'';
(bb) by striking the period at the end and inserting ``;
and''; and

(III) by adding at the end the following:

``(ii) to a small business concern under a plan approved by
the Administrator, if the proceeds from the loan are only
used to make a loan to a qualified employee trust, and for
any transaction costs associated with making that loan, that
results in the qualified employee trust owning at least 51
percent of the small business concern.'';
(ii) in subparagraph (B)--

(I) in the matter preceding clause (i), by inserting ``or
by the small business concern'' after ``the trustee of such
trust'';
(II) in clause (ii), by striking ``and'' at the end;
(III) in clause (iii), by striking the period at the end
and inserting ``, and''; and
(IV) by adding at the end the following:

``(iv) with respect to a loan made to a trust, or to a
cooperative in accordance with paragraph (35)--
``(I) a seller of the small business concern may remain
involved as an officer, director, or key employee of the
small business concern when a qualified employee trust or
cooperative has acquired 100 percent of ownership of the
small business concern; and
``(II) any seller of the small business concern who remains
as an owner of the small business concern, regardless of the
percentage of ownership interest, shall be required to
provide a personal guarantee by the Administration.''; and
(iii) by adding at the end the following:
``(F) A small business concern that makes a loan to a
qualified employee trust under subparagraph (A)(ii) is not
required to contain the same terms and conditions as the loan
made to the small business concern that is guaranteed by the
Administration under such subparagraph.
``(G) With respect to a loan made to a qualified employee
trust under this paragraph, or to a cooperative in accordance
with paragraph (35), the Administrator may, as deemed
appropriate, elect to not require any mandatory equity to be
provided by the qualified employee trust or cooperative to
make the loan.''; and
(B) by adding at the end the following:
``(35) Loans to cooperatives.--
``(A) Definition.--In this paragraph, the term
`cooperative' means an entity that is determined to be a
cooperative by the Administrator, in accordance with
applicable Federal and State laws and regulation.
``(B) Authority.--The Administration shall guarantee loans
made to a cooperative for the purpose described in paragraph
(15).''.
(2) Delegation of authority to preferred lenders.--Section
5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is
amended by inserting ``, including loans guaranteed under
paragraph (15) or (35) of section 7(a)'' after ``deferred
participation loans''.
(c) Small Business Investment Company Program Outreach.--
The Administrator shall provide outreach and educational
materials to companies licensed under section 301(c) of the
Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to
increase the use of funds to make investments in company
transitions to employee-owned business concerns.

[[Page H4611]]

(d) Small Business Microloan Program Outreach.--The
Administrator shall provide outreach and educational
materials to intermediaries under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)) to increase the use of funds
to make loans to employee-owned business concerns, including
transitions to employee-owned business concerns.
(e) Small Business Development Center Outreach and
Assistance.--
(1) Establishment.--The Administrator shall establish a
Small Business Employee Ownership and Cooperatives Promotion
Program to offer technical assistance and training on the
transition to employee ownership through cooperatives and
qualified employee trusts.
(2) Small business development centers.--
(A) In general.--In carrying out the program established
under subsection (a), the Administrator shall enter into
agreements with small business development centers under
which the centers shall--
(i) provide access to information and resources on employee
ownership through cooperatives or qualified employee trusts
as a business succession strategy;
(ii) conduct training and educational activities; and
(iii) carry out the activities described in subparagraph
(U) of section 21(c)(3) of the Small Business Act (15 U.S.C.
648(c)(3)).
(B) Additional services.--Section 21(c)(3) of the Small
Business Act (15 U.S.C. 648(c)(3)) is amended--
(i) in subparagraph (S), by striking ``and'' at the end;
(ii) in subparagraph (T), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(U) encouraging and assisting the provision of succession
planning to small business concerns with a focus on
transitioning to cooperatives, as defined in section
7(a)(35), and qualified employee trusts (collectively
referred to in this subparagraph as `employee-owned business
concerns'), including by--
``(i) providing training to individuals to promote the
successful management, governance, or operation of a business
purchased by those individuals in the formation of an
employee-owned business concern;
``(ii) assisting employee-owned business concerns that meet
applicable size standards established under section 3(a) with
education and technical assistance with respect to financing
and contracting programs administered by the Administration;
``(iii) coordinating with lenders on conducting outreach on
financing through programs administered by the Administration
that may be used to support the transition of ownership to
employees;
``(iv) supporting small business concerns in exploring or
assessing the possibility of transitioning to an employee-
owned business concern; and
``(v) coordinating with the cooperative development centers
of the Department of Agriculture, the land grant extension
network, the Manufacturing Extension Partnership, community
development financial institutions, employee ownership
associations and service providers, and local, regional and
national cooperative associations.''.
(f) Interagency Working Group.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator (or a designee of
the Administrator) shall coordinate and chair an interagency
working group, which shall--
(A) develop recommendations on how Federal programs can
promote, support, and increase the number of employee-owned
business concerns;
(B) ensure coordination with Federal agencies and national
and local employee ownership, cooperative, and small business
organizations; and
(C) publish a report on the activities of the interagency
working group that is indexed and maintained for public
review.
(2) Meetings.--The interagency working group shall meet at
such times as determined necessary by the, but not less than
biannually. Such meetings may occur in person or via
electronic resources.
(g) Amendment to Report to Congress on Status of Employee-
owned Firms.--Section 7(a)(15)(E) of the Small Business Act
(15 U.S.C. 636(a)(15)(E)) is amended by striking
``Administration.'' and inserting ``Administration, which
shall include--
``(i) the total number of loans made to employee-owned
business concerns that were guaranteed by the Administrator
under section 7(a) of the Small Business Act (15 U.S.C.
636(a)) or section 502 of the Small Business Investment Act
of 1958 (15 U.S.C. 696), including the number of loans made--

``(I) to small business concerns owned and controlled by
socially and economically disadvantaged individuals; and
``(II) to cooperatives;

``(ii) the total number of financings made to employee-
owned business concerns by companies licensed under section
301(c) of the Small Business Investment Act of 1958 (15
U.S.C. 696(c)), including the number of financings made--

``(I) to small business concerns owned and controlled by
socially and economically disadvantaged individuals; and
``(II) to cooperatives; and

``(iii) any outreach and educational activities conducted
by the Administration with respect to employee-owned business
concerns.''.
(h) Report on Cooperative Lending.--
(1) Sense of congress.--It is the sense of Congress that
cooperatives have a unique business structure and are unable
to access the lending programs of the Administration
effectively due to loan guarantee requirements that are
incompatible with the business structure of cooperatives.
(2) Study and report.--
(A) Study.--The Administrator, in coordination with
lenders, stakeholders, and Federal agencies, shall study and
recommend practical alternatives for cooperatives that will
satisfy the loan guarantee requirements of the
Administration.
(B) Report.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall submit to
Congress the recommendations developed under paragraph (1)
and a plan to implement such recommendations.
(i) Amendment to Definition of Qualified Employee Trust.--
Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C.
632(c)(2)(A)(ii)) is amended to read as follows:
``(ii) which provides that each participant is entitled to
direct the plan trustee as to the manner of how to vote the
qualified employer securities (as defined in section
4975(e)(8) of the Internal Revenue Code of 1986), which are
allocated to the account of such participant with respect to
a corporate matter which (by law or charter) must be decided
by a vote conducted in accordance with section 409(e) of the
Internal Revenue Code of 1986; and''.

amendment no. 21 offered by mr. norman of south carolina

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

SEC. 8__. REPORT ON FUNDING OF PRODUCT SUPPORT STRATEGIES.

(a) Report Required.--For each of the fiscal years 2020,
2021, and 2022, the Secretary of Defense shall include with
the budget for the Department of Defense, as submitted to
Congress pursuant to section 1105 of title 31, United States
Code, a report regarding the funding for product support
strategies for major weapon systems. The Secretary may submit
this report separately, or as part of the annex required by
section 347 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91).
(b) Contents.--The report shall include for each major
weapon system--
(1) a current estimate of the total funding required for
the product support strategy for the lifecycle of the weapon
system;
(2) a current estimate of the funding required for the
product support strategy per year, by appropriation and
budget activity, over the future years defense program for
the weapon system;
(3) a summary of the funding requested for the product
support strategy in the future years defense program per
year, by appropriation and budget activity, for the weapon
system;
(4) should the amounts required pursuant to paragraph (2)
differ from the amounts requested pursuant to paragraph (3)
by more than 5 percent, an explanation for the variance and a
description of the actions that will be taken to mitigate the
risk to the sustainment of the weapon system;
(5) a summary of the amounts expended, by appropriation and
budget activity, for the product support strategy of the
weapon system during the prior fiscal year; and
(6) should the amounts expended in the prior fiscal year
pursuant to paragraph (5) differ from the amounts required
for that fiscal year, pursuant to paragraph (2) by more than
5 percent, an explanation for the variance and a description
of the actions that will be taken to mitigate the risk to the
sustainment of the weapon system.

amendment no. 23 offered by mr. poliquin of maine

Page 430, after line 20, insert the following:

(c) Rule of Construction.--Nothing in this section shall be
construed to encourage or require the termination of any
personnel or positions within the Defense Finance and
Accounting Services.

amendment no. 24 offered by mr. wilson of south carolina

Page 467, line 19, strike ``shall'' and insert ``should''.

amendment no. 25 offered by mr. russell of oklahoma

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

SEC. 10__. EVALUATION OF PILOT SAFETY BY MILITARY AVIATION
AND INSTALLATION ASSURANCE SITING
CLEARINGHOUSE.

(a) In General.--Section 183a of title 10, United States
Code, is amended--
(1) by striking ``unacceptable risk to the national
security of the United States'' each place it appears and
inserting ``unacceptable risk to military operations and
readiness''; and
(2) in subsection (h)--
(A) in paragraph (1), by inserting ``pilot safety,'' after
``flight operations,''; and
(B) by amending paragraph (7) to read as follows:
``(7) The term `unacceptable risk to military operations
and readiness' means the construction, alteration,
establishment, or expansion, or the proposed construction,
alteration, establishment, or expansion, of a structure or
sanitary landfill, that the Secretary of Defense can
demonstrate would--
``(A) endanger safety in air commerce directly related to
the activities of the Department of Defense;
``(B) interfere with the efficient use of the navigable
airspace directly related to the activities of the Department
of Defense; or

[[Page H4612]]

``(C) significantly impair or degrade the capability of the
Department of Defense to--
``(i) ensure pilot safety;
``(ii) conduct training, research, development, testing,
and evaluation, and operations; or
``(iii) maintain military readiness.''.
(b) Conforming Amendment.--Section 44718 of title 49,
United States Code, is amended by striking ``unacceptable
risk to the national security of the United States'' each
place it appears and inserting ``unacceptable risk to
military operations and readiness''.

amendment no. 26 offered by mr. hastings of florida

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

SEC. 10__ REPORT ON USE AND AVAILABILITY OF MILITARY
INSTALLATIONS FOR DISASTER RESPONSE.

(a) Report Required.--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
identifies--
(1) each military installation that has been made available
to the Department of Homeland Security for disaster response
for the past 10 fiscal years; and
(2) military installations assessed to be available in
support of fast response to disasters.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) For each military installation identified under
subsection (a)(1)--
(A) the name of the installation;
(B) the location of the installation, including the State
and Congressional District;
(C) a description of the infrastructure and equipment made
available at the installation; and
(D) a description of personnel made available for disaster
response.
(2) For each military installation identified under
subsection (a)(2)--
(A) the name of the installation;
(B) the location of the installation, including the State
and Congressional District;
(C) a description of the infrastructure and equipment to be
available at the installation; and
(D) a description of personnel to be available for disaster
response.

amendment no. 27 offered by mr. adams of north carolina

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

SEC. 10__. PROMOTING FEDERAL PROCUREMENT WITH HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES AND MINORITY
INSTITUTIONS.

(a) In General.--The head of an executive agency, or a
contracting officer where applicable, shall--
(1) assist historically Black colleges and universities and
minority institutions to develop viable, self-sustaining
businesses capable of competing on an equal basis in the
mainstream of the United States economy; and
(2) promote Federal procurement with historically Black
colleges and universities and minority institutions by
establishing--
(A) participation goals of not less than 10 percent for
historically Black colleges and universities and minority
institutions;
(B) requirements that prime contractors and other
recipients of Federal funds attain similar participation
goals in their procurement; and
(C) other mechanisms that ensure historically Black
colleges and universities and minority institutions have a
fair opportunity to participate in Federal procurement.
(b) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning given the
term in section 133 of title 41, United States Code.
(2) The term ``historically Black college and university''
has the meaning given that term in section 631 of the Higher
Education Act of 1965 (20 U.S.C. 1132).
(3) The term ``minority institution'' has the meaning given
that term in section 365 of the Higher Education Act of 1965
(20 U.S.C. 1067k).

amendment no. 28 offered by mr. sessions of texas

Page 512, beginning line 20, insert the following:

(b) Distribution of Corporation Assistance Abroad Through
Department of Defense.--
(1) Acceptance and coordination of assistance.--The
Secretary of Defense may, subject to the availability of
appropriations for such purpose, and in accordance with
guidance reviewed or issued under section 1088 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91) and guidance issued by the Secretary
developed with the concurrence of the Secretary of State and
the Administrator of the United States Agency for
International Development--
(A) accept from Spirit of America, a federally-charted
corporation under chapter 2005 of title 36, United States
Code (as added by subsection (a) of this section),
humanitarian, economic, and other nonlethal assistance funded
by private funds in the carrying out of the purposes of the
corporation; and
(B) respond to requests from the corporation for the
identification of the needs of local populations abroad for
assistance, and coordinate with the corporation in the
provision and distribution of such assistance, in the
carrying out of such purposes.
(2) Distribution of assistance to local populations.--In
accordance with guidance issued by the Secretary of Defense
developed with the concurrence of the Secretary of State and
the Administrator of the United States Agency for
International Development, members of the Armed Forces abroad
may provide to local populations abroad humanitarian,
economic, and other nonlethal assistance provided to the
Department by the corporation pursuant to this subsection.
(3) Scope of guidance.--The guidance issued pursuant to
this subsection shall ensure that any assistance distributed
pursuant to this subsection shall be for purposes of
supporting the mission or missions of the Department of
Defense and the Armed Forces for which such assistance is
provided by the corporation.
(4) Department of defense support for corporation
activities.--In accordance with guidance issued by the
Secretary of Defense, the Department of Defense and the Armed
Forces may, subject to the availability of appropriations for
such purpose--
(A) provide transportation, lodging, storage, and other
logistical support--
(i) to personnel of the corporation (whether in the United
States or abroad) who are carrying out the purposes of the
corporation; and
(ii) in connection with the acceptance and distribution of
assistance provided by the corporation; and
(B) use assets of the Department and the Armed Forces in
the provision of support described in subparagraph (A).

amendment no. 29 offered by mr. smith of washington

Add at the end of title X the following:

SEC. __. CLARIFICATION OF REIMBURSABLE ALLOWED COSTS OF FAA
MEMORANDA OF AGREEMENT.

Section 47504(c)(2) of title 49, United States Code, is
amended--
(1) in subparagraph (D) by striking ``and'' at the end;
(2) in subparagraph (E) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) to an airport operator of a congested airport (as
defined in section 47175) and a unit of local government
referred to in paragraph (1)(B) to carry out a project to
mitigate noise, if the project--
``(i) consists of--
``(I) replacement windows, doors, and the installation of
through-the-wall air conditioning units; or
``(II) acquisition and installation of the windows, doors,
and other noise mitigation elements to be used in a school
reconstruction if reconstruction is the preferred local
solution;
``(ii) is located at a school near the airport; and
``(iii) is included in a memorandum of agreement entered
into before September 30, 2002, even if the airport has not
met the requirements of part 150 of title 14, Code of Federal
Regulations, and only if the financial limitations of the
memorandum are applied.''.

amendment no. 30 offered by mr. jody b. hice of georgia

Page 564, after line 11, insert the following:

SEC. 11__. PRESIDENTIAL ALLOWANCE MODERNIZATION.

(a) Former Presidents.--The first section of the Act
entitled ``An Act to provide retirement, clerical assistants,
and free mailing privileges to former Presidents of the
United States, and for other purposes'', approved August 25,
1958 (commonly known as the ``Former Presidents Act of
1958'') (3 U.S.C. 102 note), is amended--
(1) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively;
(2) by striking the matter preceding subsection (e) and
inserting the following:
``(a) Annuities and Allowances.--
``(1) Annuity.--Each former President shall be entitled to
receive from the United States an annuity, subject to
subsections (b) and (c)--
``(A) at the rate of $200,000 per year; and
``(B) which shall commence on the day after the date on
which an individual becomes a former President.
``(2) Allowance.--The General Services Administration is
authorized to provide each former President a monetary
allowance, subject to appropriations and subsections (b),
(c), and (d), at the rate of--
``(A) $500,000 per year for 5 years beginning on the day
after the last day of the period described in the first
sentence of section 5 of the Presidential Transition Act of
1963 (3 U.S.C. 102 note);
``(B) $350,000 per year for the 5 years following the 5-
year period under subparagraph (A); and
``(C) $250,000 per year thereafter.
``(b) Duration; Frequency.--
``(1) In general.--The annuity and monetary allowance under
subsection (a) shall--
``(A) terminate on the date that is 30 days after the date
on which the former President dies; and
``(B) be payable by the Secretary of the Treasury on a
monthly basis.
``(2) Appointive or elective positions.--The annuity and
monetary allowance under subsection (a) shall not be payable
for any period during which a former President holds an
appointive or elective position in or under

[[Page H4613]]

the Federal Government to which is attached a rate of pay
other than a nominal rate.
``(c) Cost-of-Living Increases.--Effective December 1 of
each year, each annuity and monetary allowance under
subsection (a) that commenced before that date shall be
increased by the same percentage by which benefit amounts
under title II of the Social Security Act (42 U.S.C. 401 et
seq.) are increased, effective as of that date, as a result
of a determination under section 215(i) of that Act (42
U.S.C. 415(i)).
``(d) Limitation on Monetary Allowance.--
``(1) In general.--Notwithstanding any other provision of
this section, the monetary allowance payable under subsection
(a)(2) to a former President for any 12-month period--
``(A) except as provided in subparagraph (B), may not
exceed the amount by which--
``(i) the monetary allowance that (but for this subsection)
would otherwise be so payable for the 12-month period,
exceeds (if at all)
``(ii) the applicable reduction amount for the 12-month
period; and
``(B) shall not be less than the amount determined under
paragraph (4).
``(2) Definition.--
``(A) In general.--For purposes of paragraph (1), the term
`applicable reduction amount' means, with respect to any
former President and in connection with any 12-month period,
the amount by which--
``(i) the earned income (as defined in section 32(c)(2) of
the Internal Revenue Code of 1986) of the former President
for the most recent taxable year for which a tax return is
available, exceeds (if at all)
``(ii) $400,000, subject to subparagraph (C).
``(B) Joint returns.--In the case of a joint return,
subparagraph (A)(i) shall be applied by taking into account
both the amounts properly allocable to the former President
and the amounts properly allocable to the spouse of the
former President.
``(C) Cost-of-living increases.--The dollar amount
specified in subparagraph (A)(ii) shall be adjusted at the
same time that, and by the same percentage by which, the
monetary allowance of the former President is increased under
subsection (c) (disregarding this subsection).
``(3) Disclosure requirement.--
``(A) Definitions.--In this paragraph--
``(i) the terms `return' and `return information' have the
meanings given those terms in section 6103(b) of the Internal
Revenue Code of 1986; and
``(ii) the term `Secretary' means the Secretary of the
Treasury or the Secretary of the Treasury's delegate.
``(B) Requirement.--A former President may not receive a
monetary allowance under subsection (a)(2) unless the former
President discloses to the Secretary, upon the request of the
Secretary, any return or return information of the former
President or spouse of the former President that the
Secretary determines is necessary for purposes of calculating
the applicable reduction amount under paragraph (2) of this
subsection.
``(C) Confidentiality.--Except as provided in section 6103
of the Internal Revenue Code of 1986 and notwithstanding any
other provision of law, the Secretary may not, with respect
to a return or return information disclosed to the Secretary
under subparagraph (B)--
``(i) disclose the return or return information to any
entity or person; or
``(ii) use the return or return information for any purpose
other than to calculate the applicable reduction amount under
paragraph (2).
``(4) Increased costs due to security needs.--With respect
to the monetary allowance that would be payable to a former
President under subsection (a)(2) for any 12-month period but
for the limitation under paragraph (1) of this subsection,
the Administrator of General Services, in coordination with
the Director of the United States Secret Service, shall
determine the amount of the monetary allowance that is needed
to pay the increased cost of doing business that is
attributable to the security needs of the former
President.'';
(3) by inserting after subsection (e) the following:
``(f) Office Staff.--
``(1) In general.--The Administrator of General Services
shall, without regard to the civil service and classification
laws, provide for each former President an office staff of
not more than 13 individuals, at the request of the former
President, on a reimbursable basis.
``(2) Compensation.--The annual rate of compensation
payable to any individual under paragraph (1) shall not
exceed the highest annual rate of basic pay for positions at
level II of the Executive Schedule under section 5313 of
title 5, United States Code.
``(3) Selection; responsibility.--An individual employed
under this subsection--
``(A) shall be selected by the former President; and
``(B) shall be responsible only to the former President for
the performance of duties.
``(g) Office Space and Related Furnishings and Equipment.--
``(1) Office space.--The Administrator of General Services
(referred to in this subsection as the `Administrator')
shall, at the request of a former President, on a
reimbursable basis provide for the former President suitable
office space, as determined by the Administrator, at a place
within the United States specified by the former President.
``(2) Furnishings and equipment.--
``(A) Reimbursable.--The Administrator may, at the request
of a former President, provide the former President with
suitable office furnishings and equipment on a reimbursable
basis.
``(B) Without reimbursement.--
``(i) Grandfathered former presidents.--In the case of any
individual who is a former President on the date of enactment
of the Presidential Allowance Modernization Act of 2017, the
former President may retain without reimbursement any
furniture and equipment in the possession of the former
President.
``(ii) Presidential transition act.--A former President may
retain without reimbursement any furniture or equipment
acquired under section 5 of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note).
``(iii) Excess furniture and equipment.--The Administrator
may provide excess furniture and equipment to the office of a
former President at no cost other than necessary
transportation costs.''; and
(4) by adding at the end the following:
``(j) Applicability.--Subsections (f), (g) (other than
paragraph (2)(B)(i) of that subsection), and (i) shall apply
with respect to a former President on and after the day after
the last day of the period described in the first sentence of
section 5 of the Presidential Transition Act of 1963 (3
U.S.C. 102 note).''.
(b) Surviving Spouses of Former Presidents.--
(1) Increase in amount of monetary allowance.--Subsection
(e) of the first section of the Former Presidents Act of 1958
is amended--
(A) in the first sentence, by striking ``$20,000 per
annum,'' and inserting ``$100,000 per year (subject to
paragraph (4)),''; and
(B) in the second sentence--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) in paragraph (3)--

(I) by striking ``or the government of the District of
Columbia''; and
(II) by striking the period and inserting ``; and''; and

(iii) by inserting after paragraph (3) the following:
``(4) shall, after its commencement date, be increased at
the same time that, and by the same percentage by which,
annuities of former Presidents are increased under subsection
(c).''.
(2) Coverage of widower of a former president.--Subsection
(e) of the first section of the Former Presidents Act of
1958, as amended by paragraph (1), is amended--
(A) by striking ``widow'' each place it appears and
inserting ``widow or widower''; and
(B) by striking ``she'' and inserting ``she or he''.
(c) Subsection Headings.--The first section of the Former
Presidents Act of 1958 is amended--
(1) in subsection (e), by inserting after the subsection
enumerator the following: ``Widows and Widowers.--'';
(2) in subsection (h) (as redesignated by subsection
(a)(1)), by inserting after the subsection enumerator the
following: ``Definition.--''; and
(3) in subsection (i) (as redesignated by subsection
(a)(1)), by inserting after the subsection enumerator the
following: ``Authorization of Appropriations.--''.
(d) Conforming Amendments.--
(1) Title 5.--Subpart G of part III of title 5, United
States Code, is amended--
(A) in section 8101(1)(E), by striking ``1(b)'' and
inserting ``1(f)'';
(B) in section 8331(1)(I), by striking ``1(b)'' and
inserting ``1(f)'';
(C) in section 8701(a)(9), by striking ``1(b)'' and
inserting ``1(f)''; and
(D) in section 8901(1)(H) by striking ``1(b)'' and
inserting ``1(f)''.
(2) Presidential transition act of 1963.--Section 5 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended by striking the last sentence.
(e) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to affect--
(1) any provision of law relating to the security or
protection of a former President or a member of the family of
a former President;
(2) funding, under the Former Presidents Act of 1958 or any
other law, to carry out any provision of law described in
paragraph (1); or
(3) funding for any office space lease in effect on the day
before the date of enactment of this Act under subsection (c)
of the first section of the Former Presidents Act of 1958 (as
in effect on the day before the date of enactment of this
Act) until the expiration date contained in the lease, if the
lease was submitted to the Committee on Oversight and
Government Reform of the House of Representatives on April
12, 2017.
(f) Transition Rules.--
(1) Former presidents.--In the case of any individual who
is a former President on the date of enactment of this Act,
the amendments made by subsection (a) shall be applied as if
the commencement date referred in subsections (a)(1)(B) and
(a)(2)(A) of the first section of the Former Presidents Act
of 1958, as amended by subsection (a), coincided with the
date that is 180 days after the date of enactment of this
Act.
(2) Widows.--In the case of any individual who is the widow
of a former President on the date of enactment of this Act,
the amendments made by subsection (b)(1) shall be applied as
if the commencement date referred to in subsection (e)(1) of
the first section of the Former Presidents Act of 1958, as

[[Page H4614]]

amended by subsection (b)(1), coincided with the date that is
180 days after the date of enactment of this Act.
(g) Applicability.--For a former President receiving a
monetary allowance under the Former Presidents Act of 1958 on
the day before the date of enactment of this Act, the
limitation under subsection (d)(1) of the first section of
that Act, as amended by subsection (a), shall apply to the
monetary allowance of the former President, except to the
extent that the application of the limitation would prevent
the former President from being able to pay the cost of a
lease or other contract that is in effect on the day before
the date of enactment of this Act and under which the former
President makes payments using the monetary allowance, as
determined by the Administrator of General Services.

amendment no. 33 offered by mr. meadows of north carolina

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

SEC. 12_. LIMITATION ON ASSISTANCE TO THE MINISTRY OF THE
INTERIOR OF THE GOVERNMENT OF IRAQ.

(a) In General.--None of the funds authorized to be
appropriated by this Act for assistance to the Ministry of
the Interior of the Government of Iraq may be obligated or
expended until the Secretary of Defense and the Secretary of
State jointly certify to the appropriate congressional
committees that such funds, including funds for the provision
of intelligence sharing, will not be disbursed by the United
States to any group that is, or that is known to be
affiliated with, the Iranian Revolutionary Guard Corps-Quds
Force or other state sponsor of terrorism.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter until the Iraq
Train and Equip Fund is no longer in effect, the Secretary of
State should submit to the appropriate congressional
committees a report on the implementation of this section.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.

amendment no. 34 offered by mrs. demings of florida

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

SEC. 12__. REPORT ON KREMLIN-LINKED CORRUPTION.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the intelligence community should dedicate resources to
further expose key networks which the corrupt political class
in Russia uses to hide the money it steals; and
(2) the President should pursue efforts to stifle Russian
use of hidden financial channels, including anonymous shell
companies and real estate investments, in a manner similar to
the efforts undertaken to tighten banking regulations after
the terrorist attacks on September 11, 2001.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Treasury, in
coordination with the Secretary of State and in consultation
with the Director of National Intelligence, shall submit a
report to Congress on assets owned by Vladimir Putin, Russian
oligarchs, and senior officials of the Russian Government,
including--
(1) with respect to bank accounts, real estate holdings,
and other financial assets, including those outside of
Russia, that are owned by or accessible to Putin--
(A) the location of such accounts, holdings, or assets; and
(B) the contents of such accounts or the amount held
through such holdings or assets;
(2) the location, size, and contents of any assets of any
oligarch listed pursuant to section 241 of the Countering
America's Adversaries Through Sanctions Act (Public Law 115-
44; 131 Stat. 922); and
(3) any ``front'' or shell companies, or other
intermediaries, used by senior officials of the Russian
Government to hide assets from public disclosure.
(c) Form.--The report required under subsection (b) shall
be submitted in classified form.
(d) Reasonable Attempt to Issue Unclassified Report.--Not
later than 60 days after the date of the submission of the
report required under subsection (b), the Secretary of the
Treasury shall--
(1) publish an unclassified version of such report on a
publicly available website of the Department of the Treasury;
or
(2) submit a notification to Congress describing the
reasons for which the Secretary has determined that such
release is not possible.

amendment no. 35 offered by mr. brendan f. boyle of pennsylvania

Add at the end of subtitle D of title XII the following:

SEC. 12__. REPORT ON RUSSIA'S SUPPORT FOR THE TALIBAN AND
OTHER DESTABILIZING ACTIVITIES IN AFGHANISTAN.

The Secretary of State and the Secretary of Defense shall
jointly submit to the congressional defense committees and
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations a
report on Russia's support for the Taliban and other
destabilizing activities in Afghanistan.

amendment no. 36 offered by ms. cheney of wyoming

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

SEC. 12__. REVIEW OF CONTROLLED ITEMS WITH RESPECT TO CHINA.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report listing each technology included on the Commerce
Control List maintained under Supplement No. 1 to part 774 of
the Export Administration Regulations (subchapter C of
chapter VII of title 15, Code of Federal Regulations) and
exempted for export to China, and each item removed from such
List, designated as ``EAR99'' by the Bureau of Industry and
Security, and exported to China, during the 15-year period
ending on such date of enactment that the Secretary
determines currently poses an unacceptable national security
risk.

amendment no. 37 offered by ms. bass of california

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

SEC. 12__. UNITED STATES SECURITY AND HUMANITARIAN SUPPORT
STRATEGY FOR YEMEN.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of State and the Secretary of
Defense, in coordination with the Administrator of the United
States Agency for International Development, shall jointly
submit to Congress a comprehensive report on United States
security and humanitarian interests in Yemen, including each
of the following:
(1) The strategic objectives of the United States in Yemen,
including humanitarian support to civilian populations under
threat of famine, and the criteria for determining the
success of such objectives.
(2) A description of efforts to coordinate civilian and
military efforts with respect to Yemen.
(3) A description of the diplomatic strategy with respect
to regional partners seeking to end the civil war in Yemen.

amendment no. 38 offered by mr. crowley of new york

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

SEC. 12__. REPORT ON BANGLADESH.

The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development (USAID) and the Secretary of Defense, shall
submit to Congress a report--
(1) assessing Bangladesh's ability to respond to
humanitarian crises and natural disasters; and
(2) recommending areas for enhancing humanitarian
assistance and disaster relief cooperation between the United
States and Bangladesh relating to improving Bangladesh's
ability to respond to humanitarian crises and natural
disasters, including through humanitarian consultations,
training, and exercises.

amendment no. 39 offered by mr. brendan f. boyle of pennsylvania

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

SEC. 12__. UNITED STATES CYBERSECURITY COOPERATION WITH
UKRAINE.

(a) Statement of Policy.--It is the policy of the United
States to--
(1) reaffirm the United States-Ukraine Charter on Strategic
Partnership, which highlights the importance of the bilateral
relationship and outlines enhanced cooperation in the areas
of defense, security, economics and trade, energy security,
democracy, and cultural exchanges;
(2) support continued cooperation between NATO and Ukraine;
(3) support Ukraine's political and economic reforms;
(4) reaffirm the commitment of the United States to the
Budapest Memorandum on Security Assurances;
(5) assist Ukraine's efforts to enhance its cybersecurity
capabilities; and
(6) improve Ukraine's ability to respond to Russian-
supported disinformation and propaganda efforts in
cyberspace, including through social media and other outlets.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of State should take the following actions,
commensurate with United States interests, to assist Ukraine
to improve its cybersecurity:
(1) Provide Ukraine such support as may be necessary to
secure government computer networks from malicious cyber
intrusions, particularly such networks that defend the
critical infrastructure of Ukraine.
(2) Provide Ukraine support in reducing reliance on Russian
information and communications technology.
(3) Assist Ukraine to build its capacity, expand
cybersecurity information sharing, and cooperate on
international cyberspace efforts.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the congressional defense committees and the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on
United States cybersecurity cooperation with Ukraine. Such
report shall also include information relating to the
following:
(1) United States efforts to strengthen Ukraine's ability
to prevent, mitigate, and

[[Page H4615]]

respond to cyber incidents, including through training,
education, technical assistance, capacity building, and
cybersecurity risk management strategies.
(2) The potential for new areas of collaboration and mutual
assistance between the United States and Ukraine in
addressing shared cyber challenges, including cybercrime,
critical infrastructure protection, and resilience against
botnets and other automated, distributed threats.
(3) NATO's efforts to help Ukraine develop technical
capabilities to counter cyber threats.

amendment no. 40 offered by mr. hunter of california

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

SEC. 12_. BRIEFING ON CHINA'S MILITARY INSTALLATION IN THE
REPUBLIC OF DJIBOUTI.

(a) Briefing Required.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of State, shall brief the
appropriate congressional committees on the following:
(1) An assessment of the impact of the People's Republic of
China's first overseas military installation in the Republic
of Djibouti on the ability of the United States forces to
operate in the region.
(2) An assessment of China's ability to obtain sensitive
information and impact operations conducted from Camp
Lemmonier in Djibouti, the largest United States military
installation on the African continent.
(3) An assessment of the ability of the President of
Djibouti to terminate by all methods, including by simple
decree, the Department of Defense's lease agreement governing
operation of Camp Lemmonier.
(4) An assessment of the impact of the Chinese base in
Djibouti on security and safety of United States personnel in
Djibouti.
(5) An assessment of the status of China's compliance with
the ``Protocol on Blinding Laser Weapons'' that forbids
employment of laser weapons.
(6) An assessment of the laser attack in Djibouti that
injured United States airmen.
(7) An assessment of Djibouti's compliance with its treaty
obligations under the Ottawa Convention to end the use of
landmines.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.

amendment no. 41 offered by mr. meeks of new york

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

SEC. 12__. SENSE OF CONGRESS WITH RESPECT TO THE 3 SEAS
INITIATIVE.

It is the sense of Congress that--
(1) the 3 Seas Initiative could serve as a valuable
counterweight to the efforts of the Russian Government to
divide Europe and to the regional expansionism of the Chinese
Government, particularly in the context of energy and
infrastructure; and
(2) the United States should fully support the efforts of
the 3 Seas Initiative, including by--
(A) sending a high level delegation to future summits
convened by the Initiative;
(B) encouraging United States business leaders to
participate in the Initiative; and
(C) supporting the establishment of a network of Central
European chambers of commerce.

amendment no. 42 offered by mr. vela of texas

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

SEC. 12__. REPORT ON VIOLENCE AND CARTEL ACTIVITY IN MEXICO.

The Secretary of Defense shall submit to the congressional
defense committees a report on violence and cartel activity
in Mexico and the impact of such on United States national
security.

amendment no. 44 offered by mr. norman of south carolina

Page 720, after line 2, insert the following:

SEC. 1523. SEPARATE ACCOUNT LINES FOR OVERSEAS CONTINGENCY
OPERATIONS FUNDS.

For accountability and transparency purposes, the Director
of the Office of Management and Budget and the Secretary of
Defense shall establish separate accounts to ensure that
amounts authorized to be appropriated pursuant to this title
are administered separately from amounts otherwise authorized
to be appropriated or made available for the Department of
Defense.

amendment no. 45 offered by mrs. mcmorris rodgers of washington

Page 874, insert after line 6 the following:

SEC. 2815. STUDY OF FEASIBILITY OF USING 20-YEAR
INTERGOVERNMENTAL SUPPORT AGREEMENTS FOR
INSTALLATION-SUPPORT SERVICES.

(a) Study.--Each Secretary concerned shall conduct a study
of the feasibility and desirability of entering into
intergovernmental support agreements under section 2679(a) of
title 10, United States Code, for a term not to exceed 20
years.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, each Secretary concerned shall submit
to the congressional defense committees a report on the study
conducted under subsection (a).

amendment no. 46 offered by ms. mcsally of arizona

Page 874, insert after line 7 the following (and
redesignate the succeeding provisions accordingly):

SEC. 2821. LAND EXCHANGE, AIR FORCE PLANT 44, TUCSON,
ARIZONA.

(a) Land Conveyance and Restoration of Real Property
Improvements Authorized.--In connection with a project
planned by the Tuscon Airport Authority (in this section
referred to as ``TAA'') to relocate and extend a parallel
runway and make other airfield safety enhancements at the
Tucson International Airport, the Secretary of the Air Force
(in this section referred to as the ``Secretary'') may--
(1) convey to TAA all right, title, and interest of the
United States in and to all or any part of a parcel of real
property, including any improvements thereon, consisting of
approximately 58 acres on Air Force Plant 44, Arizona, and
located adjacent to Tucson International Airport;
(2) agree to terminate all or a portion of any deed
restrictions made for the benefit of the United States that
limit construction on Tucson International Airport within 750
feet of the Airport's southwest property boundary with Air
Force Plant 44; and
(3) using cash or in-kind consideration as provided in
subsection (b)--
(A) construct new explosives storage facilities to replace
the explosives storage facilities located on the land
described in paragraph (1) and explosives storage facilities
located on Air Force Plant 44 within the end-of-runway clear
zone associated with the TAA airfield enhancement project;
and
(B) construct new fencing as necessary to accommodate the
changes in the boundary of Air Force Plant 44.
(b) Consideration.--As consideration for the land
conveyance, deed restriction termination, replacement of real
property improvements, and installation of fencing authorized
under subsection (a), the following consideration must be
received by the United States before the Secretary may make
any conveyance or termination of real property interests of
the United States as described in subsection (a):
(1) All right, title, and interest of the owner or owners
thereof to the parcels of real property consisting of
approximately 160 acres directly adjacent to the south
boundary of Air Force Plant 44.
(2) The cost to the Secretary, in accordance with current
design standards, of--
(A) replacing the real property structures on Air Force
Plant 44 made unusable due to the land transfers and
termination of deed restrictions, with structures of at least
equivalent capacity and functionality; and
(B) installing the necessary boundary fencing due to the
changes in the boundary of Air Force Plant 44.
(c) Direct Payment of Consideration to Government
Contractors.--The Secretary may require that any cash
consideration to be received under this section be paid,
directly or through the Air Force design and construction
agent, to the contractors performing design or construction
of the real property improvements described in subsection
(a)(3).
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary may require TAA to
cover costs to be incurred by the Secretary to carry out the
land exchange and other transactions authorized under this
section, or to reimburse the Secretary for such costs,
including survey costs, appraisal costs, costs related to
environmental documentation, and other administrative costs
related to the conveyances. If amounts are collected from TAA
in advance of the Secretary incurring the actual costs, and
the amount collected exceeds the costs actually incurred by
the Secretary to carry out such transactions, the Secretary
shall refund the excess amount to TAA.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be used in
accordance with section 2695(c) of title 10, United States
Code.
(e) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this
section shall be determined by a survey satisfactory to the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the land exchange and other transactions under this
section as the Secretary considers appropriate to protect the
interests of the United States. Without limiting the
foregoing, the Secretary may establish a deed restriction on
any part of the 58 acres described in subsection (a)(1) to
accommodate existing Quantity Distance arcs.

amendment no. 47 offered by ms. norton of the district of columbia

Page 877, insert after line 9 the following new section
(and redesignate the succeeding sections accordingly):

SEC. 2822. LAND EXCHANGE, NAVAL SUPPORT ACTIVITY, WASHINGTON
NAVY YARD, DISTRICT OF COLUMBIA.

(a) Exchange of Property Interests Authorized.--
(1) Interests to be conveyed.--The Secretary of the Navy
(Secretary) may convey all right, title, and interest of the
United States in and to one or more parcels of real property,
including any improvements thereon and, without limitation,
any leasehold interests of the United States therein, as the

[[Page H4616]]

Secretary considers appropriate to protect the interests of
the United States.
(2) Interests to be acquired.--In exchange for the property
interests described in paragraph (1), the Secretary may
accept parcels at the Southeast Federal Center in the
vicinity of the Washington Navy Yard, replacement of
facilities being conveyed of equal value and similar utility,
as determined by the Secretary, and any additional
consideration the Secretary feels is appropriate, including
maintenance, repair, or restoration of any real property,
facility, or infrastructure under the jurisdiction of the
Secretary.
(b) Valuation.--The value of the property interests to be
exchanged by the Secretary described in subsections (a)(1)
and (a)(2) shall be determined--
(1) by an independent appraiser selected by the Secretary;
and
(2) in accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice.
(c) Equalization Payments.--
(1) To the secretary.--If the value of the property
interests described in subsection (a)(1) is greater than the
value of the property interests described in subsection
(a)(2), the values shall be equalized through a cash
equalization payment to the Department of the Navy.
(2) No equalization.--If the value of the property
interests described in subsection (a)(2) is greater than the
value of the property interests described in subsection
(a)(1), the Secretary shall not make a cash equalization
payment to equalize the values.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
other party in this land exchange to cover costs to be
incurred by the Secretary, or to reimburse the Secretary for
such costs incurred, to carry out the land exchange under
this section, including survey costs, costs for environmental
documentation, other administrative costs related to the land
exchange, and all costs associated with relocation of
activities and facilities to the replacement location. If
amounts collected are in advance of the Secretary incurring
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the land
exchange, the Secretary shall refund the excess amount.
(2) Treatment of amounts received.--Amounts received shall
be credited to the fund or account that was used to cover
those costs incurred by the Secretary in carrying out the
land exchange. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be exchanged under this
section shall be determined by surveys satisfactory to the
Secretary of the Navy.
(f) Conveyance Agreement.--The exchange of real property
interests under this section shall be accomplished using an
appropriate legal instrument and upon terms and conditions
mutually satisfactory to both parties of the exchange,
including such additional terms and conditions as the
Secretary considers appropriate to protect the interests of
the United States.

amendment no. 48 offered by mr. beyer of virginia

Page 889, insert after line 13 the following:

SEC. 2826. COMMEMORATION OF FREEDMAN'S VILLAGE, ARLINGTON
COUNTY, VIRGINIA.

(a) Permanent Easement.--The Secretary of the Army is
directed to grant to Arlington County, Virginia, a permanent
easement of approximately 0.1 acres of land within the right-
of-way of Southgate Road to the south and west of Hobson
Drive and west of the planned joint base access road that is
also continuous with Foxcroft Heights Park for the purpose of
commemorating Freedman's Village.
(b) Relocation of Commemoration in Event Location Is Used
for Burial Purposes.--In the event Arlington National
Cemetery subsequently acquires the property used for the
commemoration described under subsection (a) for burial
purposes, the Army shall relocate any commemoration of
Freedman's Village to an appropriate location.
(c) Reimbursement.--The Secretary of Defense may accept
reimbursement from Arlington County for any costs associated
with commemorating Freedman's Village.

amendment no. 49 offered by mr. lamalfa of california

Page 937, insert after line 12 the following:

SEC. 2845. RESTRICTIONS ON REHABILITATION OF OVER-THE-HORIZON
BACKSCATTER RADAR STATION.

(a) Restrictions.--Except as provided in subsection (b),
the Secretary of the Air Force may not use any funds or
resources to carry out the rehabilitation of the Over-the-
Horizon Backscatter Radar Station on Modoc National Forest
land in Modoc County, California.
(b) Exception for Removal of Perimeter Fence.--
Notwithstanding subsection (a), the Secretary may use funds
and resources to remove the perimeter fence surrounding the
Over-the-Horizon Backscatter Radar Station and to carry out
the mitigation of soil contamination associated with such
fence.
(c) Sunset.--Subsection (a) shall terminate on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020.

amendment no. 51 offered by mr. panetta of california

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

SEC. 31__. ACCELERATION OF REPLACEMENT OF CESIUM BLOOD
IRRADIATION SOURCES.

(a) Goal.--The Administrator for Nuclear Security shall
ensure that the goal of the covered programs is eliminating
the use of blood irradiation devices in the United States
that rely on cesium chloride by December 31, 2027.
(b) Programs.--To meet the goal specified by subsection
(a), the Administrator shall carry out the covered programs
in a manner that--
(1) is voluntary for owners of blood irradiation devices;
(2) allows for the United States, subject to the review of
the Administrator, to pay up to 50 percent of the per-device
cost of replacing blood irradiation devices covered by the
programs;
(3) allows for the United States to pay up to 100 percent
of the cost of removing and disposing of cesium sources
retired from service by the programs; and
(4) replaces such devices with x-ray irradiation devices or
other devices approved by the Food and Drug Administration
that provide significant threat reduction as compared to
cesium chloride irradiators.
(c) Duration.--The Administrator shall carry out the
covered programs until December 31, 2027.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report on the covered
programs, including--
(1) identification of each cesium chloride blood
irradiation device in the United States, including the
number, general location, and user type;
(2) a plan for achieving the goal established by subsection
(a);
(3) a methodology for prioritizing replacement of such
devices which takes into account irradiator age and prior
material security initiatives;
(4) in consultation with the Nuclear Regulatory Commission
and the Food and Drug Administration, a strategy identifying
any legislative, regulatory, or other measures necessary to
constrain the introduction of new cesium chloride blood
irradiation devices; and
(5) identification of the annual funds required to meet the
goal established by subsection (a).
(e) Assessment.--The Administrator shall submit and
assessment to the appropriate congressional committees by
September 20, 2023, the results of the actions on the covered
programs, including--
(1) the number of replacement irradiators under the covered
programs;
(2) the life-cycle costs of the program, including
personnel training, maintenance, and replacement costs for
new irradiation devices;
(3) the cost-effectiveness of the covered programs;
(4) an analysis of the effectiveness of the new irradiation
devices technology; and
(5) a forecast whether the Administrator will meet the goal
established in subsection (a).
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Energy and Commerce of the
House of Representatives; and
(B) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Energy and Natural Resources, and
the Committee on Health, Education, Labor, and Pensions of
the Senate.
(2) The term ``covered programs'' means the following
programs of the Office of Radiological Security of the
National Nuclear Security Administration:
(A) The Cesium Irradiator Replacement Program.
(B) The Offsite Source Recovery Program.

amendment no. 52 offered by mr. hunter of california

Add at the end the following:

DIVISION __--COAST GUARD AUTHORIZATION ACT OF 2017

SEC. 1. SHORT TITLE.

This Act may be cited as the ``Coast Guard Authorization
Act of 2017''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this division is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE

Sec. 101. Initial matter.
Sec. 102. Subtitle I.
Sec. 103. Chapter 1.
Sec. 104. Chapter 3.
Sec. 105. Chapter 5.
Sec. 106. Chapter 7.
Sec. 107. Chapter 9.
Sec. 108. Chapter 11.

[[Page H4617]]

Sec. 109. Subtitle II.
Sec. 110. Chapter 19.
Sec. 111. Part II.
Sec. 112. Chapter 21.
Sec. 113. Chapter 23.
Sec. 114. Chapter 25.
Sec. 115. Part III.
Sec. 116. Chapter 27.
Sec. 117. Chapter 29.
Sec. 118. Subtitle III and chapter 37.
Sec. 119. Chapter 39.
Sec. 120. Chapter 41.
Sec. 121. Subtitle IV and chapter 49.
Sec. 122. Chapter 51.
Sec. 123. References.
Sec. 124. Rule of construction.

TITLE II--AUTHORIZATIONS

Sec. 201. Amendments to title 14, United States Code, as amended by
title I of this division.
Sec. 202. Authorizations of appropriations.
Sec. 203. Authorized levels of military strength and training.
Sec. 204. Authorization of amounts for Fast Response Cutters.
Sec. 205. Authorization of amounts for shoreside infrastructure.
Sec. 206. Authorization of amounts for aircraft improvements.

TITLE III--COAST GUARD

Sec. 301. Amendments to title 14, United States Code, as amended by
title I of this division.
Sec. 302. Primary duties.
Sec. 303. National Coast Guard Museum.
Sec. 304. Unmanned aircraft.
Sec. 305. Coast Guard health-care professionals; licensure portability.
Sec. 306. Training; emergency response providers.
Sec. 307. Incentive contracts for Coast Guard yard and industrial
establishments.
Sec. 308. Confidential investigative expenses.
Sec. 309. Regular captains; retirement.
Sec. 310. Conversion, alteration, and repair projects.
Sec. 311. Contracting for major acquisitions programs.
Sec. 312. Officer promotion zones.
Sec. 313. Cross reference.
Sec. 314. Commissioned service retirement.
Sec. 315. Leave for birth or adoption of child.
Sec. 316. Clothing at time of discharge.
Sec. 317. Unfunded priorities list.
Sec. 318. Safety of vessels of the Armed Forces.
Sec. 319. Protecting against unmanned aircraft.
Sec. 320. Air facilities.

TITLE IV--PORTS AND WATERWAYS SAFETY

Sec. 401. Codification of Ports and Waterways Safety Act.
Sec. 402. Conforming amendments.
Sec. 403. Transitional and savings provisions.
Sec. 404. Rule of construction.
Sec. 405. Advisory committee: repeal.
Sec. 406. Regattas and marine parades.
Sec. 407. Regulation of vessels in territorial waters of United States.
Sec. 408. Port, harbor, and coastal facility security.

TITLE V--MARITIME TRANSPORTATION SAFETY

Sec. 501. Consistency in marine inspections.
Sec. 502. Uninspected passenger vessels in St. Louis County, Minnesota.
Sec. 503. Engine cut-off switch requirements.
Sec. 504. Exception from survival craft requirements.
Sec. 505. Safety standards.
Sec. 506. Fishing safety grants.
Sec. 507. Fishing, fish tender, and fish processing vessel
certification.
Sec. 508. Deadline for compliance with alternate safety compliance
program.
Sec. 509. Termination of unsafe operations; technical correction.
Sec. 510. Technical corrections: Licenses, certificates of registry,
and merchant mariner documents.
Sec. 511. Clarification of logbook entries.
Sec. 512. Certificates of documentation for recreational vessels.
Sec. 513. Numbering for undocumented barges.
Sec. 514. Backup global positioning system.
Sec. 515. Scientific personnel.
Sec. 516. Transparency.

TITLE VI--ADVISORY COMMITTEES

Sec. 601. National maritime transportation advisory committees.
Sec. 602. Maritime Security Advisory Committees.

TITLE VII--FEDERAL MARITIME COMMISSION

Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Reporting on impact of alliances on competition.
Sec. 704. Definition of certain covered services.
Sec. 705. Reports filed with the Commission.
Sec. 706. Public participation.
Sec. 707. Ocean transportation intermediaries.
Sec. 708. Common carriers.
Sec. 709. Negotiations.
Sec. 710. Injunctive relief sought by the Commission.
Sec. 711. Discussions.
Sec. 712. Transparency.
Sec. 713. Study of bankruptcy preparation and response.
Sec. 714. Agreements unaffected.

TITLE VIII--MISCELLANEOUS

Sec. 801. Repeal of obsolete reporting requirement.
Sec. 802. Corrections to provisions enacted by Coast Guard
Authorization Acts.
Sec. 803. Officer evaluation report.
Sec. 804. Extension of authority.
Sec. 805. Coast Guard ROTC program.
Sec. 806. Currency detection canine team program.
Sec. 807. Center of expertise for Great Lakes oil spill search and
response.
Sec. 808. Public safety answering points and maritime search and rescue
coordination.
Sec. 809. Ship shoal lighthouse transfer: repeal.
Sec. 810. Land exchange, Ayakulik Island, Alaska.
Sec. 811. Use of Tract 43.
Sec. 812. Coast Guard maritime domain awareness.
Sec. 813. Monitoring.
Sec. 814. Reimbursements for non-Federal construction costs of certain
aids to navigation.
Sec. 815. Towing safety management system fees.
Sec. 816. Oil spill disbursements auditing and report.
Sec. 817. Fleet requirements assessment and strategy.
Sec. 818. National Security Cutter.
Sec. 819. Acquisition plan for inland waterway and river tenders and
bay-class icebreakers.
Sec. 820. Great Lakes icebreaker acquisition.
Sec. 821. Polar icebreakers.
Sec. 822. Strategic assets in the Arctic.
Sec. 823. Arctic planning criteria.
Sec. 824. Vessel response plan audit.
Sec. 825. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 826. Documentation of recreational vessels.
Sec. 827. Equipment requirements; exemption from throwable personal
flotation devices requirement.
Sec. 828. Visual distress signals and alternative use.
Sec. 829. Radar refresher training.
Sec. 830. Commercial fishing vessel safety national communications
plan.
Sec. 831. Authorization for marine debris program.
Sec. 832. Atlantic Coast port access route study recommendations.
Sec. 833. Drawbridges.
Sec. 834. Waiver.
Sec. 835. Vessel waiver.
Sec. 836. Temporary limitations.
Sec. 837. Transfer of Coast Guard property in Jupiter Island, Florida,
for inclusion in Hobe Sound National Wildlife Refuge.
Sec. 838. Emergency response.
Sec. 839. Drawbridges consultation.

TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE

SEC. 101. INITIAL MATTER.

Title 14, United States Code, is amended by striking the
title designation, the title heading, and the table of parts
at the beginning and inserting the following:

``TITLE 14--COAST GUARD

``Subtitle Sec.
``I. Establishment, Powers, Duties, and Administration.........101 ....

``II. Personnel...............................................1901 ....

``III. Coast Guard Reserve and Auxiliary......................3701 ....

``IV. Coast Guard Authorizations and Reports to Congress....4901''.....

SEC. 102. SUBTITLE I.

Part I of title 14, United States Code, is amended by
striking the part designation, the part heading, and the
table of chapters at the beginning and inserting the
following:

``Subtitle I--Establishment, Powers, Duties, and Administration

``Chap. Sec.
``1. Establishment and Duties..................................101 ....

``3. Composition and Organization..............................301 ....

``5. Functions and Powers......................................501 ....

``7. Cooperation...............................................701 ....

``9. Administration............................................901 ....

``11. Acquisitions..........................................1101''.....

SEC. 103. CHAPTER 1.

(a) Initial Matter.--Chapter 1 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 1--ESTABLISHMENT AND DUTIES

``Sec.
``101. Establishment of Coast Guard.
``102. Primary duties.
``103. Department in which the Coast Guard operates.
``104. Removing restrictions.
``105. Secretary defined.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 1 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.

[[Page H4618]]

(2) Table.--The table referred to in paragraph (1) is the
following:

SEC. 104. CHAPTER 3.

(a) Initial Matter.--Chapter 3 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 3--COMPOSITION AND ORGANIZATION

``Sec.
``301. Grades and ratings.
``302. Commandant; appointment.
``303. Retirement of Commandant.
``304. Vice Commandant; appointment.
``305. Vice admirals.
``306. Retirement.
``307. Vice admirals and admiral, continuity of grade.
``308. Chief Acquisition Officer.
``309. Office of the Coast Guard Reserve; Director.
``310. Chief of Staff to President: appointment.
``311. Captains of the port.
``312. Prevention and response workforces.
``313. Centers of expertise for Coast Guard prevention and response.
``314. Marine industry training program.
``315. Training course on workings of Congress.
``316. National Coast Guard Museum.
``317. United States Coast Guard Band; composition; director.
``318. Environmental Compliance and Restoration Program.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 3 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

(c) Additional Changes.--
(1) In general.--Chapter 3 of title 14, United States Code,
is further amended--
(A) by inserting after section 310 (as so redesignated and
transferred under subsection (b)) the following:

``Sec. 311. Captains of the port

``Any officer, including any petty officer, may be
designated by the Commandant as captain of the port or ports
or adjacent high seas or waters over which the United States
has jurisdiction, as the Commandant deems necessary to
facilitate execution of Coast Guard duties.''; and
(B) by inserting after section 317 (as so redesignated and
transferred under subsection (b)) the following:

``Sec. 318. Environmental Compliance and Restoration Program

``(a) Definitions.--For the purposes of this section--
``(1) `environment', `facility', `person', `release',
`removal', `remedial', and `response' have the same meaning
they have in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601);
``(2) `hazardous substance' has the same meaning it has in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601), except that
it also includes the meaning given `oil' in section 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1321); and
``(3) `pollutant' has the same meaning it has in section
502 of the Federal Water Pollution Control Act (33 U.S.C.
1362).
``(b) Program.--
``(1) The Secretary shall carry out a program of
environmental compliance and restoration at current and
former Coast Guard facilities.
``(2) Program goals include:
``(A) Identifying, investigating, and cleaning up
contamination from hazardous substances and pollutants.
``(B) Correcting other environmental damage that poses an
imminent and substantial danger to the public health or
welfare or to the environment.
``(C) Demolishing and removing unsafe buildings and
structures, including buildings and structures at former
Coast Guard facilities.
``(D) Preventing contamination from hazardous substances
and pollutants at current Coast Guard facilities.
``(3)(A) The Secretary shall respond to releases of
hazardous substances and pollutants--
``(i) at each Coast Guard facility the United States owns,
leases, or otherwise possesses;
``(ii) at each Coast Guard facility the United States
owned, leased, or otherwise possessed when the actions
leading to contamination from hazardous substances or
pollutants occurred; and
``(iii) on each vessel the Coast Guard owns or operates.
``(B) Subparagraph (A) of this paragraph does not apply to
a removal or remedial action when a potentially responsible
person responds under section 122 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9622).
``(C) The Secretary shall pay a fee or charge imposed by a
State authority for permit services for disposing of
hazardous substances or pollutants from Coast Guard
facilities to the same extent that nongovernmental entities
are required to pay for permit services. This subparagraph
does not apply to a payment that is the responsibility of a
lessee, contractor, or other private person.
``(4) The Secretary may agree with another Federal agency
for that agency to assist in carrying out the Secretary's
responsibilities under this section. The Secretary may enter
into contracts, cooperative agreements, and grant agreements
with State and local governments to assist in carrying out
the Secretary's responsibilities under this section. Services
that may be obtained under this paragraph include
identifying, investigating, and cleaning up off-site
contamination that may have resulted from the release of a
hazardous substance or pollutant at a Coast Guard facility.
``(5) Section 119 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9619)
applies to response action contractors that carry out
response actions under this section. The Coast Guard shall
indemnify response action contractors to the extent that
adequate insurance is not generally available at a fair price
at the time the contractor enters into the contract to cover
the contractor's reasonable, potential, long-term liability.
``(c) Environmental Compliance and Restoration Account.--
``(1) There is established for the Coast Guard an account
known as the Coast Guard Environmental Compliance and
Restoration Account. All sums appropriated to carry out the
Coast Guard's environmental compliance and restoration
functions under this section or another law shall be credited
or transferred to the account and remain available until
expended.

[[Page H4619]]

``(2) Funds may be obligated or expended from the account
to carry out the Coast Guard's environmental compliance and
restoration functions under this section or another law.
``(3) In proposing the budget for any fiscal year under
section 1105 of title 31, the President shall set forth
separately the amount requested for the Coast Guard's
environmental compliance and restoration activities under
this section or another law.
``(4) Amounts recovered under section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9607) for the Secretary's response
actions at current and former Coast Guard facilities shall be
credited to the account.
``(d) Annual List of Projects to Congress.--The Commandant
of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a prioritized list of projects
eligible for environmental compliance and restoration funding
for each fiscal year concurrent with the President's budget
submission for that fiscal year.''.
(2) Conforming repeals.--Sections 634, 690, 691, 692, and
693 of title 14, United States Code, are repealed.

SEC. 105. CHAPTER 5.

(a) Initial Matter.--Chapter 5 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 5--FUNCTIONS AND POWERS

``subchapter i--general powers

``Sec.
``501. Secretary; general powers.
``502. Delegation of powers by the Secretary.
``503. Regulations.
``504. Commandant; general powers.
``505. Functions and powers vested in the Commandant.
``506. Prospective payment of funds necessary to provide medical care.
``507. Appointment of judges.

``subchapter ii--life saving and law enforcement authorities

``521. Saving life and property.
``522. Law enforcement.
``523. Enforcement authority.
``524. Enforcement of coastwise trade laws.
``525. Special agents of the Coast Guard Investigative Service law
enforcement authority.
``526. Stopping vessels; indemnity for firing at or into vessel.
``527. Safety of naval vessels.

``subchapter iii--aids to navigation

``541. Aids to navigation authorized.
``542. Unauthorized aids to maritime navigation; penalty.
``543. Interference with aids to navigation; penalty.
``544. Aids to maritime navigation; penalty.
``545. Marking of obstructions.
``546. Deposit of damage payments.
``547. Rewards for apprehension of persons interfering with aids to
navigation.

``subchapter iv--miscellaneous

``561. Icebreaking in polar regions.
``562. Appeals and waivers.
``563. Notification of certain determinations.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 5 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

(c) Additional Changes.--Chapter 5 of title 14, United
States Code, is further amended--
(1) by inserting before section 501 (as so redesignated and
transferred under subsection (b)) the following:

``SUBCHAPTER I--GENERAL POWERS'';

(2) by inserting before section 521 (as so redesignated and
transferred under subsection (b)) the following:

``SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES'';

(3) by inserting before section 541 (as so redesignated and
transferred under subsection (b)) the following:

``SUBCHAPTER III--AIDS TO NAVIGATION'';

and
(4) by inserting before section 561 (as so redesignated and
transferred under subsection (b)) the following:

``SUBCHAPTER IV--MISCELLANEOUS''.

SEC. 106. CHAPTER 7.

(a) Initial Matter.--Chapter 7 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 7--COOPERATION

``Sec.
``701. Cooperation with other agencies, States, territories, and
political subdivisions.
``702. State Department.
``703. Treasury Department.
``704. Department of the Army and Department of the Air Force.
``705. Navy Department.
``706. United States Postal Service.
``707. Department of Commerce.
``708. Department of Health and Human Services.
``709. Maritime instruction.
``710. Assistance to foreign governments and maritime authorities.
``711. Coast Guard officers as attaches to missions.
``712. Contracts with Government-owned establishments for work and
material.
``713. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide or obtain goods
and services.
``714. Arctic maritime domain awareness.
``715. Oceanographic research.
``716. Arctic maritime transportation.
``717. Agreements.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 7 of
such title

[[Page H4620]]

(as added by subsection (a)), in the order in which the
sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

SEC. 107. CHAPTER 9.

(a) Initial Matter.--Chapter 9 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 9--ADMINISTRATION

``subchapter i--real and personal property

``Sec.
``901. Disposal of certain material.
``902. Employment of draftsmen and engineers.
``903. Use of certain appropriated funds.
``904. Local hire.
``905. Procurement authority for family housing.
``906. Air Station Cape Cod Improvements.
``907. Long-term lease of special purpose facilities.
``908. Long-term lease authority for lighthouse property.
``909. Small boat station rescue capability.
``910. Small boat station closures.
``911. Search and rescue center standards.
``912. Air facility closures.
``913. Turnkey selection procedures.
``914. Disposition of infrastructure related to E-LORAN.

``subchapter ii--miscellaneous

``931. Oaths required for boards.
``932. Administration of oaths.
``933. Coast Guard ensigns and pennants.
``934. Penalty for unauthorized use of words `Coast Guard'.
``935. Coast Guard band recordings for commercial sale.
``936. Confidentiality of medical quality assurance records; qualified
immunity for participants.
``937. Admiralty claims against the United States.
``938. Claims for damage to property of the United States.
``939. Accounting for industrial work.
``940. Supplies and equipment from stock.
``941. Coast Guard Supply Fund.
``942. Public and commercial vessels and other watercraft; sale of
fuel, supplies, and services.
``943. Arms and ammunition; immunity from taxation.
``944. Confidential investigative expenses.
``945. Assistance to film producers.
``946. User fees.
``947. Vessel construction bonding requirements.
``948. Contracts for medical care for retirees, dependents, and
survivors: alternative delivery of health care.
``949. Telephone installation and charges.
``950. Designation, powers, and accountability of deputy disbursing
officials.
``951. Aircraft accident investigations.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 9 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

[[Page H4621]]

654 Public and commercial vessels and other 942
watercraft; sale of fuel, supplies, and
services.................................
------------------------------------------------------------------------
655 Arms and ammunition; immunity from 943
taxation.................................
------------------------------------------------------------------------
658 Confidential investigative expenses....... 944
------------------------------------------------------------------------
659 Assistance to film producers.............. 945
------------------------------------------------------------------------
664 User fees................................. 946
------------------------------------------------------------------------
667 Vessel construction bonding requirements.. 947
------------------------------------------------------------------------
668 Contracts for medical care for retirees, 948
dependents, and survivors: alternative
delivery of health care..................
------------------------------------------------------------------------
669 Telephone installation and charges........ 949
------------------------------------------------------------------------
673 Designation, powers, and accountability of 950
deputy disbursing officials..............
------------------------------------------------------------------------
678 Aircraft accident investigations.......... 951
------------------------------------------------------------------------

(c) Additional Changes.--Chapter 9 of title 14, United
States Code, is further amended--
(1) by inserting before section 901 (as so redesignated and
transferred under subsection (b)) the following:

``SUBCHAPTER I--REAL AND PERSONAL PROPERTY'';

and
(2) by inserting before section 931 (as so redesignated and
transferred under subsection (b)) the following:

``SUBCHAPTER II--MISCELLANEOUS''.

SEC. 108. CHAPTER 11.

(a) Initial Matter.--Chapter 11 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 11--ACQUISITIONS

``subchapter i--general provisions

``Sec.
``1101. Acquisition directorate.
``1102. Improvements in Coast Guard acquisition management.
``1103. Role of Vice Commandant in major acquisition programs.
``1104. Recognition of Coast Guard personnel for excellence in
acquisition.
``1105. Prohibition on use of lead systems integrators.
``1106. Required contract terms.
``1107. Extension of major acquisition program contracts.
``1108. Department of Defense consultation.
``1109. Undefinitized contractual actions.
``1110. Guidance on excessive pass-through charges.
``1111. Mission need statement.

``subchapter ii--improved acquisition process and procedures

``1131. Identification of major system acquisitions.
``1132. Acquisition.
``1133. Preliminary development and demonstration.
``1134. Acquisition, production, deployment, and support.
``1135. Acquisition program baseline breach.
``1136. Acquisition approval authority.

``subchapter iii--procurement

``1151. Restriction on construction of vessels in foreign shipyards.
``1152. Advance procurement funding.
``1153. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.
``1154. Procurement of buoy chain.

``subchapter iv--definitions

``1171. Definitions.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 11 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

(c) Additional Changes.--Chapter 11 of title 14, United
States Code, is further amended--
(1) by striking all subdivision designations and headings
in such chapter, except for--
(A) the chapter designation and heading added by subsection
(a);
(B) the subchapter designations and headings added by this
subsection; and
(C) any designation or heading of a section or a
subdivision of a section;
(2) by inserting before section 1101 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER I--GENERAL PROVISIONS'';

(3) by inserting before section 1131 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES'';

(4) by inserting before section 1151 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER III--PROCUREMENT'';

and
(5) by inserting before section 1171 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER IV--DEFINITIONS''.

SEC. 109. SUBTITLE II.

(a) Initial Matter.--Title 14, United States Code, is
further amended by inserting after chapter 11 (as amended by
section 108 of this title) the following:

``Subtitle II--Personnel

``Chap. Sec.
``19. Coast Guard Academy.....................................1901 ....

``21. Personnel; Officers.....................................2101 ....

``23. Personnel; Enlisted.....................................2301 ....

``25. Personnel; General Provisions...........................2501 ....

``27. Pay, Allowances, Awards, and Other Rights and Benefits..2701 ....

``29. Coast Guard Family Support, Child Care, and Housing...2901''.....

[[Page H4622]]

(b) Reserved Chapter Numbers.--
(1) Chapter 13.--Chapter 13 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning.
(2) Chapter 14.--Chapter 14 of title 14, United States
Code, is amended--
(A) by striking the chapter designation, the chapter
heading, and the table of sections at the beginning; and
(B) by striking the subchapter designation and the
subchapter heading for each of the subchapters of such
chapter.
(3) Chapter 15.--Chapter 15 of title 14, United States
Code, is amended--
(A) by striking the chapter designation, the chapter
heading, and the table of sections at the beginning; and
(B) by striking the subchapter designation and the
subchapter heading for each of the subchapters of such
chapter.
(4) Chapter 17.--Chapter 17 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning.
(5) Chapter 18.--Chapter 18 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning.

SEC. 110. CHAPTER 19.

(a) Initial Matter.--Chapter 19 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 19--COAST GUARD ACADEMY

``subchapter i--administration

``Sec.
``1901. Administration of Academy.
``1902. Policy on sexual harassment and sexual violence.
``1903. Annual Board of Visitors.
``1904. Participation in Federal, State, or other educational research
grants.

``subchapter ii--cadets

``1921. Corps of Cadets authorized strength.
``1922. Appointments.
``1923. Admission of foreign nationals for instruction; restrictions;
conditions.
``1924. Conduct.
``1925. Agreement.
``1926. Cadet applicants; preappointment travel to Academy.
``1927. Cadets; initial clothing allowance.
``1928. Cadets; degree of bachelor of science.
``1929. Cadets; appointment as ensign.
``1930. Cadets: charges and fees for attendance; limitation.

``subchapter iii--faculty

``1941. Civilian teaching staff.
``1942. Permanent commissioned teaching staff; composition.
``1943. Appointment of permanent commissioned teaching staff.
``1944. Grade of permanent commissioned teaching staff.
``1945. Retirement of permanent commissioned teaching staff.
``1946. Credit for service as member of civilian teaching staff.
``1947. Assignment of personnel as instructors.
``1948. Marine safety curriculum.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 19 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

(c) Additional Changes.--
(1) In general.--Chapter 19 of title 14, United States
Code, is further amended--
(A) by inserting before section 1901 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER I--ADMINISTRATION'';

(B) by inserting before section 1923 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER II--CADETS

``Sec. 1921. Corps of Cadets authorized strength

``The number of cadets appointed annually to the Academy
shall be as determined by the Secretary but the number
appointed in any one year shall not exceed six hundred.

``Sec. 1922. Appointments

``Appointments to cadetships shall be made under
regulations prescribed by the Secretary, who shall determine
age limits, methods of selection of applicants, term of
service as a cadet before graduation, and all other matters
affecting such appointments. In the administration of this
section, the Secretary shall take such action as may be
necessary and appropriate to insure that female individuals
shall be eligible for appointment and admission to the Coast
Guard Academy, and that the relevant standards required for
appointment, admission, training, graduation, and
commissioning of female individuals shall be the same as
those required for male individuals, except for those minimum
essential adjustments in such standards required because of
physiological differences between male and female
individuals.'';
(C) by inserting before section 1926 (as so redesignated
and transferred under subsection (b)) the following:

``Sec. 1924. Conduct

``The Secretary may summarily dismiss from the Coast Guard
any cadet who, during his cadetship, is found unsatisfactory
in either studies or conduct, or may be deemed not adapted
for a career in the Coast Guard. Cadets shall be subject to
rules governing discipline prescribed by the Commandant.

``Sec. 1925. Agreement

``(a) Each cadet shall sign an agreement with respect to
the cadet's length of service in the Coast Guard. The
agreement shall provide that the cadet agrees to the
following:
``(1) That the cadet will complete the course of
instruction at the Coast Guard Academy.
``(2) That upon graduation from the Coast Guard Academy the
cadet--
``(A) will accept an appointment, if tendered, as a
commissioned officer of the Coast Guard; and
``(B) will serve on active duty for at least five years
immediately after such appointment.
``(3) That if an appointment described in paragraph (2) is
not tendered or if the cadet is permitted to resign as a
regular officer before the completion of the commissioned
service obligation of the cadet, the cadet--
``(A) will accept an appointment as a commissioned officer
in the Coast Guard Reserve; and
``(B) will remain in that reserve component until
completion of the commissioned service obligation of the
cadet.
``(b)(1) The Secretary may transfer to the Coast Guard
Reserve, and may order to active duty for such period of time
as the Secretary prescribes (but not to exceed four years), a
cadet who breaches an agreement under subsection (a). The
period of time for which a cadet is ordered to active duty
under this paragraph may be determined without regard to
section 651(a) of title 10.
``(2) A cadet who is transferred to the Coast Guard Reserve
under paragraph (1) shall be transferred in an appropriate
enlisted grade or rating, as determined by the Secretary.
``(3) For the purposes of paragraph (1), a cadet shall be
considered to have breached an agreement under subsection (a)
if the

[[Page H4623]]

cadet is separated from the Coast Guard Academy under
circumstances which the Secretary determines constitute a
breach by the cadet of the cadet's agreement to complete the
course of instruction at the Coast Guard Academy and accept
an appointment as a commissioned officer upon graduation from
the Coast Guard Academy.
``(c) The Secretary shall prescribe regulations to carry
out this section. Those regulations shall include--
``(1) standards for determining what constitutes, for the
purpose of subsection (b), a breach of an agreement under
subsection (a);
``(2) procedures for determining whether such a breach has
occurred; and
``(3) standards for determining the period of time for
which a person may be ordered to serve on active duty under
subsection (b).
``(d) In this section, `commissioned service obligation',
with respect to an officer who is a graduate of the Academy,
means the period beginning on the date of the officer's
appointment as a commissioned officer and ending on the sixth
anniversary of such appointment or, at the discretion of the
Secretary, any later date up to the eighth anniversary of
such appointment.
``(e)(1) This section does not apply to a cadet who is not
a citizen or national of the United States.
``(2) In the case of a cadet who is a minor and who has
parents or a guardian, the cadet may sign the agreement
required by subsection (a) only with the consent of the
parent or guardian.
``(f) A cadet or former cadet who does not fulfill the
terms of the obligation to serve as specified under section
(a), or the alternative obligation imposed under subsection
(b), shall be subject to the repayment provisions of section
303a(e) of title 37.''; and
(D) by inserting before section 1941 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER III--FACULTY''.

(2) Conforming repeal.--Section 182 of title 14, United
States Code, is repealed.

SEC. 111. PART II.

Part II of title 14, United States Code, is amended by
striking the part designation, the part heading, and the
table of chapters at the beginning.

SEC. 112. CHAPTER 21.

(a) Initial Matter.--Chapter 21 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 21--PERSONNEL; OFFICERS

``subchapter i--appointment and promotion

``Sec.
``2101. Original appointment of permanent commissioned officers.
``2102. Active duty promotion list.
``2103. Number and distribution of commissioned officers on active duty
promotion list.
``2104. Appointment of temporary officers.
``2105. Rank of warrant officers.
``2106. Selection boards; convening of boards.
``2107. Selection boards; composition of boards.
``2108. Selection boards; notice of convening; communication with
board.
``2109. Selection boards; oath of members.
``2110. Number of officers to be selected for promotion.
``2111. Promotion zones.
``2112. Promotion year; defined.
``2113. Eligibility of officers for consideration for promotion.
``2114. United States Deputy Marshals in Alaska.
``2115. Selection boards; information to be furnished boards.
``2116. Officers to be recommended for promotion.
``2117. Selection boards; reports.
``2118. Selection boards; submission of reports.
``2119. Failure of selection for promotion.
``2120. Special selection boards; correction of errors.
``2121. Promotions; appointments.
``2122. Removal of officer from list of selectees for promotion.
``2123. Promotions; acceptance; oath of office.
``2124. Promotions; pay and allowances.
``2125. Wartime temporary service promotions.
``2126. Promotion of officers not included on active duty promotion
list.
``2127. Recall to active duty during war or national emergency.
``2128. Recall to active duty with consent of officer.
``2129. Aviation cadets; appointment as Reserve officers.

``subchapter ii--discharges; retirements; revocation of commissions;
separation for cause

``2141. Revocation of commissions during first five years of
commissioned service.
``2142. Regular lieutenants (junior grade); separation for failure of
selection for promotion.
``2143. Regular lieutenants; separation for failure of selection for
promotion; continuation.
``2144. Regular Coast Guard; officers serving under temporary
appointments.
``2145. Regular lieutenant commanders and commanders; retirement for
failure of selection for promotion.
``2146. Discharge in lieu of retirement; separation pay.
``2147. Regular warrant officers: separation pay.
``2148. Separation for failure of selection for promotion or
continuation; time of.
``2149. Regular captains; retirement.
``2150. Captains; continuation on active duty; involuntary retirement.
``2151. Rear admirals and rear admirals (lower half); continuation on
active duty; involuntary retirement.
``2152. Voluntary retirement after twenty years' service.
``2153. Voluntary retirement after thirty years' service.
``2154. Compulsory retirement.
``2155. Retirement for physical disability after selection for
promotion; grade in which retired.
``2156. Deferment of retirement or separation for medical reasons.
``2157. Flag officers.
``2158. Review of records of officers.
``2159. Boards of inquiry.
``2160. Boards of review.
``2161. Composition of boards.
``2162. Rights and procedures.
``2163. Removal of officer from active duty; action by Secretary.
``2164. Officers considered for removal; retirement or discharge;
separation benefits.
``2165. Relief of retired officer promoted while on active duty.

``subchapter iii--general provisions

``2181. Physical fitness of officers.
``2182. Multirater assessment of certain personnel.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 21 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

[[Page H4624]]

272 Removal of officer from list of selectees 2122
for promotion............................
------------------------------------------------------------------------
273 Promotions; acceptance; oath of office.... 2123
------------------------------------------------------------------------
274 Promotions; pay and allowances............ 2124
------------------------------------------------------------------------
275 Wartime temporary service promotions...... 2125
------------------------------------------------------------------------
276 Promotion of officers not included on 2126
active duty promotion list...............
------------------------------------------------------------------------
331 Recall to active duty during war or 2127
national emergency.......................
------------------------------------------------------------------------
332 Recall to active duty with consent of 2128
officer..................................
------------------------------------------------------------------------
373 Aviation cadets; appointment as Reserve 2129
officers.................................
------------------------------------------------------------------------
281 Revocation of commissions during first 2141
five years of commissioned service.......
------------------------------------------------------------------------
282 Regular lieutenants (junior grade); 2142
separation for failure of selection for
promotion................................
------------------------------------------------------------------------
283 Regular lieutenants; separation for 2143
failure of selection for promotion;
continuation.............................
------------------------------------------------------------------------
284 Regular Coast Guard; officers serving 2144
under temporary appointments.............
------------------------------------------------------------------------
285 Regular lieutenant commanders and 2145
commanders; retirement for failure of
selection for promotion..................
------------------------------------------------------------------------
286 Discharge in lieu of retirement; 2146
separation pay...........................
------------------------------------------------------------------------
286a Regular warrant officers: separation pay.. 2147
------------------------------------------------------------------------
287 Separation for failure of selection for 2148
promotion or continuation; time of.......
------------------------------------------------------------------------
288 Regular captains; retirement.............. 2149
------------------------------------------------------------------------
289 Captains; continuation on active duty; 2150
involuntary retirement...................
------------------------------------------------------------------------
290 Rear admirals and rear admirals (lower 2151
half); continuation on active duty;
involuntary retirement...................
------------------------------------------------------------------------
291 Voluntary retirement after twenty years' 2152
service..................................
------------------------------------------------------------------------
292 Voluntary retirement after thirty years' 2153
service..................................
------------------------------------------------------------------------
293 Compulsory retirement..................... 2154
------------------------------------------------------------------------
294 Retirement for physical disability after 2155
selection for promotion; grade in which
retired..................................
------------------------------------------------------------------------
295 Deferment of retirement or separation for 2156
medical reasons..........................
------------------------------------------------------------------------
296 Flag officers............................. 2157
------------------------------------------------------------------------
321 Review of records of officers............. 2158
------------------------------------------------------------------------
322 Boards of inquiry......................... 2159
------------------------------------------------------------------------
323 Boards of review.......................... 2160
------------------------------------------------------------------------
324 Composition of boards..................... 2161
------------------------------------------------------------------------
325 Rights and procedures..................... 2162
------------------------------------------------------------------------
326 Removal of officer from active duty; 2163
action by Secretary......................
------------------------------------------------------------------------
327 Officers considered for removal; 2164
retirement or discharge; separation
benefits.................................
------------------------------------------------------------------------
333 Relief of retired officer promoted while 2165
on active duty...........................
------------------------------------------------------------------------
335 Physical fitness of officers.............. 2181
------------------------------------------------------------------------
429 Multirater assessment of certain personnel 2182
------------------------------------------------------------------------

(c) Additional Changes.--Chapter 21 of title 14, United
States Code, is further amended--
(1) by striking all subchapter designations and headings in
such chapter, except for the subchapter designations and
headings added by this subsection;
(2) by inserting before section 2101 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER I--APPOINTMENT AND PROMOTION'';

(3) by inserting before section 2115 (as so redesignated
and transferred under subsection (b)) the following:

``Sec. 2114. United States Deputy Marshals in Alaska

``Commissioned officers may be appointed as United States
Deputy Marshals in Alaska.'';
(4) by inserting before section 2141 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS;
SEPARATION FOR CAUSE'';

and
(5) by inserting before section 2181 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER III--GENERAL PROVISIONS''.

SEC. 113. CHAPTER 23.

(a) Initial Matter.--Chapter 23 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 23--PERSONNEL; ENLISTED

``Sec.
``2301. Recruiting campaigns.
``2302. Enlistments; term, grade.
``2303. Promotion.
``2304. Compulsory retirement at age of sixty-two.
``2305. Voluntary retirement after thirty years' service.
``2306. Voluntary retirement after twenty years' service.
``2307. Retirement of enlisted members: increase in retired pay.
``2308. Recall to active duty during war or national emergency.
``2309. Recall to active duty with consent of member.
``2310. Relief of retired enlisted member promoted while on active
duty.
``2311. Retirement in cases where higher grade or rating has been held.
``2312. Extension of enlistments.
``2313. Retention beyond term of enlistment in case of disability.
``2314. Detention beyond term of enlistment.
``2315. Inclusion of certain conditions in enlistment contract.
``2316. Discharge within three months before expiration of enlistment.
``2317. Aviation cadets; procurement; transfer.
``2318. Aviation cadets; benefits.
``2319. Critical skill training bonus.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 23 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

[[Page H4625]]

351 Enlistments; term, grade.................. 2302
------------------------------------------------------------------------
352 Promotion................................. 2303
------------------------------------------------------------------------
353 Compulsory retirement at age of sixty-two. 2304
------------------------------------------------------------------------
354 Voluntary retirement after thirty years' 2305
service..................................
------------------------------------------------------------------------
355 Voluntary retirement after twenty years' 2306
service..................................
------------------------------------------------------------------------
357 Retirement of enlisted members: increase 2307
in retired pay...........................
------------------------------------------------------------------------
359 Recall to active duty during war or 2308
national emergency.......................
------------------------------------------------------------------------
360 Recall to active duty with consent of 2309
member...................................
------------------------------------------------------------------------
361 Relief of retired enlisted member promoted 2310
while on active duty.....................
------------------------------------------------------------------------
362 Retirement in cases where higher grade or 2311
rating has been held.....................
------------------------------------------------------------------------
365 Extension of enlistments.................. 2312
------------------------------------------------------------------------
366 Retention beyond term of enlistment in 2313
case of disability.......................
------------------------------------------------------------------------
367 Detention beyond term of enlistment....... 2314
------------------------------------------------------------------------
369 Inclusion of certain conditions in 2315
enlistment contract......................
------------------------------------------------------------------------
370 Discharge within three months before 2316
expiration of enlistment.................
------------------------------------------------------------------------
371 Aviation cadets; procurement; transfer.... 2317
------------------------------------------------------------------------
372 Aviation cadets; benefits................. 2318
------------------------------------------------------------------------
374 Critical skill training bonus............. 2319
------------------------------------------------------------------------

SEC. 114. CHAPTER 25.

(a) Initial Matter.--Chapter 25 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 25--PERSONNEL; GENERAL PROVISIONS

``subchapter i--general provisions

``Sec.
``2501. Grade on retirement.
``2502. Retirement.
``2503. Status of recalled personnel.
``2504. Computation of retired pay.
``2505. Limitations on retirement and retired pay.
``2506. Suspension of payment of retired pay of members who are absent
from the United States to avoid prosecution.
``2507. Board for Correction of Military Records deadline.
``2508. Emergency leave retention authority.
``2509. Prohibition of certain involuntary administrative separations.
``2510. Sea service letters.
``2511. Investigations of flag officers and Senior Executive Service
employees.
``2512. Leave policies for the Coast Guard.
``2513. Computation of length of service.

``subchapter ii--lighthouse service

``2531. Personnel of former Lighthouse Service.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 25 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

(c) Additional Changes.--Chapter 25 of title 14, United
States Code, is further amended--
(1) by inserting before section 2501 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER I--GENERAL PROVISIONS'';

and
(2) by inserting before section 2531 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER II--LIGHTHOUSE SERVICE''.

SEC. 115. PART III.

Part III of title 14, United States Code, is amended by
striking the part designation, the part heading, and the
table of chapters at the beginning.

SEC. 116. CHAPTER 27.

(a) Initial Matter.--Chapter 27 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 27--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

``subchapter i--personnel rights and benefits

``Sec.
``2701. Procurement of personnel.
``2702. Training.
``2703. Contingent expenses.
``2704. Equipment to prevent accidents.
``2705. Clothing at time of discharge for good of service.
``2706. Right to wear uniform.
``2707. Protection of uniform.
``2708. Clothing for officers and enlisted personnel.
``2709. Procurement and sale of stores to members and civilian
employees.
``2710. Disposition of effects of decedents.
``2711. Deserters; payment of expenses incident to apprehension and
delivery; penalties.
``2712. Payment for the apprehension of stragglers.

``subchapter ii--awards

``2731. Delegation of powers to make awards; rules and regulations.
``2732. Medal of honor.
``2733. Medal of honor: duplicate medal.
``2734. Medal of honor: presentation of Medal of Honor Flag.
``2735. Coast Guard cross.
``2736. Distinguished service medal.
``2737. Silver star medal.
``2738. Distinguished flying cross.
``2739. Coast Guard medal.
``2740. Insignia for additional awards.
``2741. Time limit on award; report concerning deed.
``2742. Honorable subsequent service as condition to award.
``2743. Posthumous awards.
``2744. Life-saving medals.
``2745. Replacement of medals.
``2746. Award of other medals.
``2747. Awards and insignia for excellence in service or conduct.

[[Page H4626]]

``2748. Presentation of United States flag upon retirement.

``subchapter iii--payments

``2761. Persons discharged as result of court-martial; allowances to.
``2762. Shore patrol duty; payment of expenses.
``2763. Compensatory absence from duty for military personnel at
isolated duty stations.
``2764. Monetary allowance for transportation of household effects.
``2765. Retroactive payment of pay and allowances delayed by
administrative error or oversight.
``2766. Travel card management.
``2767. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental United
States.
``2768. Annual audit of pay and allowances of members undergoing
permanent change of station.
``2769. Remission of indebtedness.
``2770. Special instruction at universities.
``2771. Attendance at professional meetings.
``2772. Education loan repayment program.
``2773. Rations or commutation therefor in money.
``2774. Sales of ration supplies to messes.
``2775. Flight rations.
``2776. Payments at time of discharge for good of service.
``2777. Clothing for destitute shipwrecked persons.
``2778. Advancement of public funds to personnel.
``2779. Transportation to and from certain places of employment.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 27 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
468 Procurement of personnel.................. 2701
------------------------------------------------------------------------
469 Training.................................. 2702
------------------------------------------------------------------------
476 Contingent expenses....................... 2703
------------------------------------------------------------------------
477 Equipment to prevent accidents............ 2704
------------------------------------------------------------------------
482 Clothing at time of discharge for good of 2705
service..................................
------------------------------------------------------------------------
483 Right to wear uniform..................... 2706
------------------------------------------------------------------------
484 Protection of uniform..................... 2707
------------------------------------------------------------------------
485 Clothing for officers and enlisted 2708
personnel................................
------------------------------------------------------------------------
487 Procurement and sale of stores to members 2709
and civilian employees...................
------------------------------------------------------------------------
507 Disposition of effects of decedents....... 2710
------------------------------------------------------------------------
508 Deserters; payment of expenses incident to 2711
apprehension and delivery; penalties.....
------------------------------------------------------------------------
644 Payment for the apprehension of stragglers 2712
------------------------------------------------------------------------
499 Delegation of powers to make awards; rules 2731
and regulations..........................
------------------------------------------------------------------------
491 Medal of honor............................ 2732
------------------------------------------------------------------------
504 Medal of honor: duplicate medal........... 2733
------------------------------------------------------------------------
505 Medal of honor: presentation of Medal of 2734
Honor Flag...............................
------------------------------------------------------------------------
491a Coast Guard cross......................... 2735
------------------------------------------------------------------------
492 Distinguished service medal............... 2736
------------------------------------------------------------------------
492a Silver star medal......................... 2737
------------------------------------------------------------------------
492b Distinguished flying cross................ 2738
------------------------------------------------------------------------
493 Coast Guard medal......................... 2739
------------------------------------------------------------------------
494 Insignia for additional awards............ 2740
------------------------------------------------------------------------
496 Time limit on award; report concerning 2741
deed.....................................
------------------------------------------------------------------------
497 Honorable subsequent service as condition 2742
to award.................................
------------------------------------------------------------------------
498 Posthumous awards......................... 2743
------------------------------------------------------------------------
500 Life-saving medals........................ 2744
------------------------------------------------------------------------
501 Replacement of medals..................... 2745
------------------------------------------------------------------------
502 Award of other medals..................... 2746
------------------------------------------------------------------------
503 Awards and insignia for excellence in 2747
service or conduct.......................
------------------------------------------------------------------------
516 Presentation of United States flag upon 2748
retirement...............................
------------------------------------------------------------------------
509 Persons discharged as result of court- 2761
martial; allowances to...................
------------------------------------------------------------------------
510 Shore patrol duty; payment of expenses.... 2762
------------------------------------------------------------------------
511 Compensatory absence from duty for 2763
military personnel at isolated duty
stations.................................
------------------------------------------------------------------------
512 Monetary allowance for transportation of 2764
household effects........................
------------------------------------------------------------------------
513 Retroactive payment of pay and allowances 2765
delayed by administrative error or
oversight................................
------------------------------------------------------------------------
517 Travel card management.................... 2766
------------------------------------------------------------------------
518 Reimbursement for medical-related travel 2767
expenses for certain persons residing on
islands in the continental United States.
------------------------------------------------------------------------
519 Annual audit of pay and allowances of 2768
members undergoing permanent change of
station..................................
------------------------------------------------------------------------
461 Remission of indebtedness................. 2769
------------------------------------------------------------------------
470 Special instruction at universities....... 2770
------------------------------------------------------------------------
471 Attendance at professional meetings....... 2771
------------------------------------------------------------------------
472 Education loan repayment program.......... 2772
------------------------------------------------------------------------
478 Rations or commutation therefor in money.. 2773
------------------------------------------------------------------------
479 Sales of ration supplies to messes........ 2774
------------------------------------------------------------------------
480 Flight rations............................ 2775
------------------------------------------------------------------------
481 Payments at time of discharge for good of 2776
service..................................
------------------------------------------------------------------------
486 Clothing for destitute shipwrecked persons 2777
------------------------------------------------------------------------
488 Advancement of public funds to personnel.. 2778
------------------------------------------------------------------------
660 Transportation to and from certain places 2779
of employment............................
------------------------------------------------------------------------

[[Page H4627]]

(1) by inserting before section 2701 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS'';

(2) by inserting before section 2731 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER II--AWARDS'';

and
(3) by inserting before section 2761 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER III--PAYMENTS''.

SEC. 117. CHAPTER 29.

(a) Initial Matter.--Chapter 29 of title 14, United States
Code, is amended by striking the chapter designation, the
chapter heading, and the table of sections at the beginning
and inserting the following:

``CHAPTER 29--COAST GUARD FAMILY SUPPORT, CHILD CARE, AND HOUSING

``subchapter i--coast guard families

``Sec.
``2901. Work-life policies and programs.
``2902. Surveys of Coast Guard families.
``2903. Reimbursement for adoption expenses.
``2904. Education and training opportunities for Coast Guard spouses.
``2905. Youth sponsorship initiatives.
``2906. Dependent school children.

``subchapter ii--coast guard child care

``2921. Definitions.
``2922. Child development services.
``2923. Child development center standards and inspections.
``2924. Child development center employees.
``2925. Parent partnerships with child development centers.

``subchapter iii--housing

``2941. Definitions.
``2942. General authority.
``2943. Leasing and hiring of quarters; rental of inadequate housing.
``2944. Retired service members and dependents serving on advisory
committees.
``2945. Conveyance of real property.
``2946. Coast Guard Housing Fund.
``2947. Reports.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 29 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

(c) Additional Changes.--Chapter 29 of title 14, United
States Code, is further amended--
(1) by inserting before section 2901 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER I--COAST GUARD FAMILIES'';

(2) by inserting before section 2921 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER II--COAST GUARD CHILD CARE'';

and
(3) by inserting before section 2941 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER III--HOUSING''.

SEC. 118. SUBTITLE III AND CHAPTER 37.

(a) Initial Matter.--Title 14, United States Code, is
further amended by adding after chapter 29 (as amended by
section 117 of this title) the following:

``Subtitle III--Coast Guard Reserve and Auxiliary

``Chap. Sec.
``37. Coast Guard Reserve......................................3701....

``39. Coast Guard Auxiliary....................................3901....

``41. General Provisions for Coast Guard Reserve and Auxiliary.4101....

``CHAPTER 1--COAST GUARD RESERVE

``subchapter i--administration

``Sec.
``3701. Organization.
``3702. Authorized strength.
``3703. Coast Guard Reserve Boards.
``3704. Grades and ratings; military authority.
``3705. Benefits.
``3706. Temporary members of the Reserve; eligibility and compensation.
``3707. Temporary members of the Reserve; disability or death benefits.
``3708. Temporary members of the Reserve; certificate of honorable
service.
``3709. Reserve student aviation pilots; Reserve aviation pilots;
appointments in commissioned grade.
``3710. Reserve student pre-commissioning assistance program.
``3711. Appointment or wartime promotion; retention of grade upon
release from active duty.
``3712. Exclusiveness of service.
``3713. Active duty for emergency augmentation of regular forces.
``3714. Enlistment of members engaged in schooling.

``subchapter ii--personnel

``3731. Definitions.
``3732. Applicability of this subchapter.
``3733. Suspension of this subchapter in time of war or national
emergency.
``3734. Effect of this subchapter on retirement and retired pay.
``3735. Authorized number of officers.
``3736. Precedence.
``3737. Running mates.
``3738. Constructive credit upon initial appointment.
``3739. Promotion of Reserve officers on active duty.
``3740. Promotion; recommendations of selection boards.
``3741. Selection boards; appointment.
``3742. Establishment of promotion zones under running mate system.
``3743. Eligibility for promotion.
``3744. Recommendation for promotion of an officer previously removed
from an active status.
``3745. Qualifications for promotion.
``3746. Promotion; acceptance; oath of office.
``3747. Date of rank upon promotion; entitlement to pay.
``3748. Type of promotion; temporary.
``3749. Effect of removal by the President or failure of consent of the
Senate.
``3750. Failure of selection for promotion.
``3751. Failure of selection and removal from an active status.
``3752. Retention boards; removal from an active status to provide a
flow of promotion.
``3753. Maximum ages for retention in an active status.
``3754. Rear admiral and rear admiral (lower half); maximum service in
grade.
``3755. Appointment of a former Navy or Coast Guard officer.
``3756. Grade on entry upon active duty.
``3757. Recall of a retired officer; grade upon release.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 37 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

[[Page H4628]]

------------------------------------------------------------------------
Title 14 Title 14
section Section heading (provided for section
number before identification purposes only-not amended) number after
redesignation redesignation
------------------------------------------------------------------------
701 Organization.............................. 3701
------------------------------------------------------------------------
702 Authorized strength....................... 3702
------------------------------------------------------------------------
703 Coast Guard Reserve Boards................ 3703
------------------------------------------------------------------------
704 Grades and ratings; military authority.... 3704
------------------------------------------------------------------------
705 Benefits.................................. 3705
------------------------------------------------------------------------
706 Temporary members of the Reserve; 3706
eligibility and compensation.............
------------------------------------------------------------------------
707 Temporary members of the Reserve; 3707
disability or death benefits.............
------------------------------------------------------------------------
708 Temporary members of the Reserve; 3708
certificate of honorable service.........
------------------------------------------------------------------------
709 Reserve student aviation pilots; Reserve 3709
aviation pilots; appointments in
commissioned grade.......................
------------------------------------------------------------------------
709a Reserve student pre-commissioning 3710
assistance program.......................
------------------------------------------------------------------------
710 Appointment or wartime promotion; 3711
retention of grade upon release from
active duty..............................
------------------------------------------------------------------------
711 Exclusiveness of service.................. 3712
------------------------------------------------------------------------
712 Active duty for emergency augmentation of 3713
regular forces...........................
------------------------------------------------------------------------
713 Enlistment of members engaged in schooling 3714
------------------------------------------------------------------------
720 Definitions............................... 3731
------------------------------------------------------------------------
721 Applicability of this subchapter.......... 3732
------------------------------------------------------------------------
722 Suspension of this subchapter in time of 3733
war or national emergency................
------------------------------------------------------------------------
723 Effect of this subchapter on retirement 3734
and retired pay..........................
------------------------------------------------------------------------
724 Authorized number of officers............. 3735
------------------------------------------------------------------------
725 Precedence................................ 3736
------------------------------------------------------------------------
726 Running mates............................. 3737
------------------------------------------------------------------------
727 Constructive credit upon initial 3738
appointment..............................
------------------------------------------------------------------------
728 Promotion of Reserve officers on active 3739
duty.....................................
------------------------------------------------------------------------
729 Promotion; recommendations of selection 3740
boards...................................
------------------------------------------------------------------------
730 Selection boards; appointment............. 3741
------------------------------------------------------------------------
731 Establishment of promotion zones under 3742
running mate system......................
------------------------------------------------------------------------
732 Eligibility for promotion................. 3743
------------------------------------------------------------------------
733 Recommendation for promotion of an officer 3744
previously removed from an active status.
------------------------------------------------------------------------
734 Qualifications for promotion.............. 3745
------------------------------------------------------------------------
735 Promotion; acceptance; oath of office..... 3746
------------------------------------------------------------------------
736 Date of rank upon promotion; entitlement 3747
to pay...................................
------------------------------------------------------------------------
737 Type of promotion; temporary.............. 3748
------------------------------------------------------------------------
738 Effect of removal by the President or 3749
failure of consent of the Senate.........
------------------------------------------------------------------------
739 Failure of selection for promotion........ 3750
------------------------------------------------------------------------
740 Failure of selection and removal from an 3751
active status............................
------------------------------------------------------------------------
741 Retention boards; removal from an active 3752
status to provide a flow of promotion....
------------------------------------------------------------------------
742 Maximum ages for retention in an active 3753
status...................................
------------------------------------------------------------------------
743 Rear admiral and rear admiral (lower 3754
half); maximum service in grade..........
------------------------------------------------------------------------
744 Appointment of a former Navy or Coast 3755
Guard officer............................
------------------------------------------------------------------------
745 Grade on entry upon active duty........... 3756
------------------------------------------------------------------------
746 Recall of a retired officer; grade upon 3757
release..................................
------------------------------------------------------------------------

(c) Additional Changes.--Chapter 37 of title 14, United
States Code, is further amended--
(1) by inserting before section 3701 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER I--ADMINISTRATION'';

and
(2) by inserting before section 3731 (as so redesignated
and transferred under subsection (b)) the following:

``SUBCHAPTER II--PERSONNEL''.

SEC. 119. CHAPTER 39.

(a) Initial Matter.--Title 14, United States Code, is
further amended by adding after chapter 37 (as added by
section 118 of this title) the following:

``CHAPTER 39--COAST GUARD AUXILIARY

``Sec.
``3901. Administration of the Coast Guard Auxiliary.
``3902. Purpose of the Coast Guard Auxiliary.
``3903. Eligibility; enrollments.
``3904. Members of the Auxiliary; status.
``3905. Disenrollment.
``3906. Membership in other organizations.
``3907. Use of member's facilities.
``3908. Vessel deemed public vessel.
``3909. Aircraft deemed public aircraft.
``3910. Radio station deemed government station.
``3911. Availability of appropriations.
``3912. Assignment and performance of duties.
``3913. Injury or death in line of duty.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 39 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

[[Page H4629]]

830 Availability of appropriations............ 3911
------------------------------------------------------------------------
831 Assignment and performance of duties...... 3912
------------------------------------------------------------------------
832 Injury or death in line of duty........... 3913
------------------------------------------------------------------------

SEC. 120. CHAPTER 41.

(a) Initial Matter.--Title 14, United States Code, is
further amended by adding after chapter 39 (as added by
section 119 of this title) the following:

``CHAPTER 41--GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY

``Sec.
``4101. Flags; pennants; uniforms and insignia.
``4102. Penalty.
``4103. Limitation on rights of members of the Auxiliary and temporary
members of the Reserve.
``4104. Availability of facilities and appropriations.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 41 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

SEC. 121. SUBTITLE IV AND CHAPTER 49.

(a) Initial Matter.--Title 14, United States Code, is
further amended by adding after chapter 41 (as added by
section 120 of this title) the following:

``Subtitle IV--Coast Guard Authorizations and Reports to Congress

``Chap. Sec.
``49. Authorizations...........................................4901....

``51. Reports..................................................5101....

``CHAPTER 49--AUTHORIZATIONS

``Sec.
``4901. Requirement for prior authorization of appropriations.
``4902. Authorization of appropriations.
``4903. Authorization of personnel end strengths.
``4904. Authorized levels of military strength and training.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 49 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

SEC. 122. CHAPTER 51.

(a) Initial Matter.--Title 14, United States Code, is
further amended by adding after chapter 49 (as added by
section 121 of this title) the following:

``CHAPTER 51--REPORTS

``Sec.
``5101. Transmission of annual Coast Guard authorization request.
``5102. Capital investment plan.
``5103. Major acquisitions.
``5104. Manpower requirements plan.
``5105. Inventory of real property.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of title 14, United States
Code, identified in the table provided in paragraph (2) are
amended--
(A) by redesignating the sections as described in the
table; and
(B) by transferring the sections, as necessary, so that the
sections appear after the table of sections for chapter 51 of
such title (as added by subsection (a)), in the order in
which the sections are presented in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:

SEC. 123. REFERENCES.

(a) Definitions.--In this section, the following
definitions apply:
(1) Redesignated section.--The term ``redesignated
section'' means a section of title 14, United States Code,
that is redesignated by this title, as that section is so
redesignated.
(2) Source section.--The term ``source section'' means a
section of title 14, United States Code, that is redesignated
by this title, as that section was in effect before the
redesignation.
(b) Reference to Source Section.--
(1) Treatment of reference.--A reference to a source
section, including a reference in a regulation, order, or
other law, is deemed to refer to the corresponding
redesignated section.
(2) Title 14.--In title 14, United States Code, each
reference in the text of such title to a source section is
amended by striking such reference and inserting a reference
to the appropriate, as determined using the tables located in
this title, redesignated section.
(c) Other Conforming Amendments.--
(1) Reference to section 182.--Section 1923(c) of title 14,
United States Code, as so redesignated by this title, is
further amended by striking ``section 182'' and inserting
``section 1922''.
(2) References to chapter 11.--Title 14, United States
Code, is further amended--
(A) in section 2146(d), as so redesignated by this title,
by striking ``chapter 11 of this title'' and inserting ``this
chapter''; and
(B) in section 3739, as so redesignated by this title, by
striking ``chapter 11'' each place that it appears and
inserting ``chapter 21''.
(3) Reference to chapter 13.--Section 3705(b) of title 14,
United States Code, as so redesignated by this title, is
further amended by striking ``chapter 13'' and inserting
``chapter 27''.
(4) Reference to chapter 15.--Section 308(b)(3) of title
14, United States Code, as so redesignated by this title, is
further amended by striking ``chapter 15'' and inserting
``chapter 11''.
(5) References to chapter 19.--Title 14, United States
Code, is further amended--
(A) in section 4901(4), as so redesignated by this title,
by striking ``chapter 19'' and inserting ``section 318''; and
(B) in section 4902(4), as so redesignated by this title,
by striking ``chapter 19'' and inserting ``section 318''.
(6) Reference to chapter 23.--Section 701(a) of title 14,
United States Code, as so redesignated by this title, is
further amended by striking ``chapter 23'' and inserting
``chapter 39''.

SEC. 124. RULE OF CONSTRUCTION.

This title, including the amendments made by this title, is
intended only to reorganize title 14, United States Code, and
may not be construed to alter--
(1) the effect of a provision of title 14, United States
Code, including any authority or requirement therein;
(2) a department or agency interpretation with respect to
title 14, United States Code; or
(3) a judicial interpretation with respect to title 14,
United States Code.

[[Page H4630]]

TITLE II--AUTHORIZATIONS

SEC. 201. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS
AMENDED BY TITLE I OF THIS DIVISION.

Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision of
title 14, United States Code, the reference shall be
considered to be made to title 14, United States Code, as
amended by title I of this division.

SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.

(a) In General.--Section 4902 of title 14, United States
Code, is amended to read as follows:

``Sec. 4902. Authorizations of appropriations

``(a) Fiscal Year 2018.--Funds are authorized to be
appropriated for fiscal year 2018 for necessary expenses of
the Coast Guard as follows:
``(1) For the operation and maintenance of the Coast Guard,
not otherwise provided for, $7,210,313,000 for fiscal year
2018.
``(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, and for
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $2,694,745,000 for fiscal year
2018.
``(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel and
training costs, equipment, and services, $114,875,000 for
fiscal year 2018.
``(4) For the environmental compliance and restoration
functions of the Coast Guard under chapter 3 of this title,
$13,397,000 for fiscal year 2018.
``(5) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly related to improving the
performance of the Coast Guard's mission with respect to
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties,
ice operations, oceanographic research, and defense
readiness, and for maintenance, rehabilitation, lease, and
operation of facilities and equipment, $29,141,000 for fiscal
year 2018.
``(b) Fiscal Year 2019.--Funds are authorized to be
appropriated for fiscal year 2019 for necessary expenses of
the Coast Guard as follows:
``(1)(A) For the operation and maintenance of the Coast
Guard, not otherwise provided for, $7,914,195,000 for fiscal
year 2019.
``(B) Of the amount authorized under subparagraph (A)--
``(i) $16,701,000 shall be for environmental compliance and
restoration; and
``(ii) $199,360,000 shall be for the Coast Guard's
Medicare-eligible retiree health care fund contribution to
the Department of Defense.
``(2) For the procurement, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, and for
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $2,694,745,000 for fiscal year
2019.
``(3) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly related to improving the
performance of the Coast Guard's mission with respect to
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties,
ice operations, oceanographic research, and defense
readiness, and for maintenance, rehabilitation, lease, and
operation of facilities and equipment, $29,141,000 for fiscal
year 2019.''.
(b) Repeal.--On October 1, 2018--
(1) section 4902(a) of title 14, United States Code, as
amended by subsection (a), shall be repealed; and
(2) subsection 4902(b) of title 14, United States Code, as
amended by subsection (a), shall be amended by striking ``(b)
Fiscal Year 2019.--''.

SEC. 203. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.

Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``for each of fiscal
years 2016 and 2017'' and inserting ``for fiscal year 2018
and 44,500 for fiscal year 2019''; and
(2) in subsection (b), by striking ``fiscal years 2016 and
2017'' and inserting ``fiscal years 2018 and 2019''.

SEC. 204. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE CUTTERS.

(a) In General.--Of the amounts authorized under section
4902 of title 14, United States Code, as amended by this
division, for each of fiscal years 2018 and 2019 up to
$167,500,000 is authorized for the acquisition of 3 Fast
Response Cutters.
(b) Treatment of Acquired Cutters.--Any cutters acquired
pursuant to subsection (a) shall be in addition to the 58
cutters approved under the existing acquisition baseline.

SEC. 205. AUTHORIZATION OF AMOUNTS FOR SHORESIDE
INFRASTRUCTURE.

Of the amounts authorized under section 4902 of title 14,
United States Code, as amended by this division, for each of
fiscal years 2018 and 2019 up to $167,500,000 is authorized
for the Secretary of the department in which the Coast Guard
is operating to fund the acquisition, construction,
rebuilding, or improvement of Coast Guard shoreside
infrastructure and facilities necessary to support Coast
Guard operations and readiness.

SEC. 206. AUTHORIZATION OF AMOUNTS FOR AIRCRAFT IMPROVEMENTS.

Of the amounts authorized under section 4902 of title 14,
United States Code, as amended by this division, for each of
fiscal years 2018 and 2019 up to $3,500,000 is authorized for
the Secretary of the department in which the Coast Guard is
operating to fund analysis and program development for
improvements to or the replacement of rotary-wing aircraft.

TITLE III--COAST GUARD

SEC. 301. AMENDMENTS TO TITLE 14, UNITED STATES CODE, AS
AMENDED BY TITLE I OF THIS DIVISION.

SEC. 302. PRIMARY DUTIES.

Section 102(7) of title 14, United States Code, is amended
to read as follows:
``(7) maintain a state of readiness to assist in the
defense of the United States, including when functioning as a
specialized service in the Navy pursuant to section 103.''.

SEC. 303. NATIONAL COAST GUARD MUSEUM.

Section 316 of title 14, United States Code, is amended to
read as follows:

``Sec. 316. National Coast Guard Museum

``(a) Establishment.--The Commandant may establish a
National Coast Guard Museum, on lands which will be federally
owned and administered by the Coast Guard, and are located in
New London, Connecticut, at, or in close proximity to, the
Coast Guard Academy.
``(b) Limitation on Expenditures.--
``(1) The Secretary shall not expend any funds appropriated
to the Coast Guard on the construction of any museum
established under this section.
``(2) The Secretary shall fund the National Coast Guard
Museum with nonappropriated and non-Federal funds to the
maximum extent practicable. The priority use of Federal funds
should be to preserve and protect historic Coast Guard
artifacts, including the design, fabrication, and
installation of exhibits or displays in which such artifacts
are included.
``(3) The Secretary may expend funds appropriated to the
Coast Guard on the engineering and design of a National Coast
Guard Museum.
``(c) Funding Plan.--Before the date on which the
Commandant establishes a National Coast Guard Museum under
subsection (a), the Commandant shall provide to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a plan for constructing, operating,
and maintaining such a museum, including--
``(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
``(2) the extent to which appropriated, nonappropriated,
and non-Federal funds will be used for such purposes,
including the extent to which there is any shortfall in
funding for engineering, design, or construction; and
``(3) a certification by the Inspector General of the
department in which the Coast Guard is operating that the
estimates provided pursuant to paragraphs (1) and (2) are
reasonable and realistic.
``(d) Authority.--The Commandant may not establish a
national Coast Guard museum except as set forth in this
section.''.

SEC. 304. UNMANNED AIRCRAFT.

(a) Land-based Unmanned Aircraft System Program.--Chapter 3
of title 14, United States Code, is amended by adding at the
end the following:

``Sec. 319. Land-based unmanned aircraft system program

``(a) In General.--Subject to the availability of
appropriations, the Secretary shall establish a land-based
unmanned aircraft system program under the control of the
Commandant.
``(b) Unmanned Aircraft System Defined.--In this section,
the term `unmanned aircraft system' has the meaning given
that term in section 331 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note).''.
(b) Limitation on Unmanned Aircraft Systems.--Chapter 11 of
title 14, United States Code, is amended by inserting after
section 1154 the following:

``Sec. 1155. Limitation on unmanned aircraft systems

``(a) In General.--During any fiscal year for which funds
are appropriated for the design or construction of an
Offshore Patrol Cutter, the Commandant--
``(1) may not award a contract for design of an unmanned
aircraft system for use by the Coast Guard; and
``(2) may lease, acquire, or acquire the services of an
unmanned aircraft system only if such system--
``(A) has been part of a program of record of, procured by,
or used by a Federal entity (or funds for research,
development, test, and evaluation have been received from a
Federal entity with regard to such system) before the date on
which the Commandant

[[Page H4631]]

leases, acquires, or acquires the services of the system; and
``(B) is leased, acquired, or utilized by the Commandant
through an agreement with a Federal entity, unless such an
agreement is not practicable or would be less cost-effective
than an independent contract action by the Coast Guard.
``(b) Small Unmanned Aircraft Exemption.--Subsection (a)(2)
does not apply to small unmanned aircraft.
``(c) Definitions.--In this section, the terms `small
unmanned aircraft' and `unmanned aircraft system' have the
meanings given those terms in section 331 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101
note).''.
(c) Clerical Amendments.--
(1) Chapter 3.--The analysis for chapter 3 of title 14,
United States Code, is amended by adding at the end the
following:

``319. Land-based unmanned aircraft system program.''.

(2) Chapter 11.--The analysis for chapter 11 of title 14,
United States Code, is amended by inserting after the item
relating to section 1154 the following:

``1155. Limitation on unmanned aircraft systems.''.

(d) Conforming Amendment.--Subsection (c) of section 1105
of title 14, United States Code, is repealed.

SEC. 305. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE
PORTABILITY.

(a) In General.--Chapter 5 of title 14, United States Code,
is amended by inserting after section 507 the following:

``Sec. 508. Coast Guard health-care professionals; licensure
portability

``(a) In General.--Notwithstanding any other provision of
law regarding the licensure of health-care providers, a
health-care professional described in subsection (b) may
practice the health profession or professions of the health-
care professional at any location in any State, the District
of Columbia, or a Commonwealth, territory, or possession of
the United States, regardless of where such health-care
professional or the patient is located, if the practice is
within the scope of the authorized Federal duties of such
health-care professional.
``(b) Described Individuals.--A health-care professional
described in this subsection is an individual--
``(1) who is--
``(A) a member of the Coast Guard;
``(B) a civilian employee of the Coast Guard;
``(C) a member of the Public Health Service who is assigned
to the Coast Guard; or
``(D) any other health-care professional credentialed and
privileged at a Federal health-care institution or location
specially designated by the Secretary; and
``(2) who--
``(A) has a current license to practice medicine,
osteopathic medicine, dentistry, or another health
profession; and
``(B) is performing authorized duties for the Coast Guard.
``(c) Definitions.--In this section, the terms `license'
and `health-care professional' have the meanings given those
terms in section 1094(e) of title 10.''.
(b) Clerical Amendment.--The analysis for chapter 5 of
title 14, United States Code, is amended by inserting after
the item relating to section 507 the following:

``508. Coast Guard health-care professionals; licensure portability.''.

(c) Electronic Health Records.--
(1) System.--The Commandant of the Coast Guard is
authorized to procure for the Coast Guard an electronic
health record system that--
(A) has been competitively awarded by the Department of
Defense; and
(B) ensures full integration with the Department of Defense
electronic health record systems.
(2) Support services.--
(A) In general.--The Commandant is authorized to procure
support services for the electronic health record system
procured under paragraph (1) necessary to ensure full
integration with the Department of Defense electronic health
record systems.
(B) Scope.--Support services procured pursuant to this
paragraph may include services for the following:
(i) System integration support.
(ii) Hosting support.
(iii) Training, testing, technical, and data migration
support.
(iv) Hardware support.
(v) Any other support the Commandant considers appropriate.
(3) Authorized procurement actions.--The Commandant is
authorized to procure an electronic health record system
under this subsection through the following:
(A) A task order under the Department of Defense electronic
health record contract.
(B) A sole source contract award.
(C) An agreement made pursuant to sections 1535 and 1536 of
title 31, United States Code.
(D) A contract or other procurement vehicle otherwise
authorized.
(4) Competition in contracting; exemption.--Procurement of
an electronic health record system and support services
pursuant to this subsection shall be exempt from the
competition requirements of section 2304 of title 10, United
States Code.

SEC. 306. TRAINING; EMERGENCY RESPONSE PROVIDERS.

(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:

``Sec. 718. Training; emergency response providers

``(a) In General.--The Commandant may, on a reimbursable or
a non-reimbursable basis, make a training available to
emergency response providers whenever the Commandant
determines that--
``(1) a member of the Coast Guard, who is scheduled to
participate in such training, is unable or unavailable to
participate in such training;
``(2) no other member of the Coast Guard, who is assigned
to the unit to which the member of the Coast Guard who is
unable or unavailable to participate in such training is
assigned, is able or available to participate in such
training; and
``(3) such training, if made available to such emergency
response providers, would further the goal of
interoperability among Federal agencies, non-Federal
governmental agencies, or both.
``(b) Emergency Response Providers Defined.--In this
section, the term `emergency response providers' has the
meaning given that term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101).
``(c) Treatment of Reimbursement.--Any reimbursements for a
training that the Coast Guard receives under this section
shall be credited to the appropriation used to pay the costs
for such training.
``(d) Status; Limitation on Liability.--
``(1) Status.--Any individual to whom, as an emergency
response provider, training is made available under this
section, who is not otherwise a Federal employee, shall not,
because of that training, be considered a Federal employee
for any purpose (including the purposes of chapter 81 of
title 5 (relating to compensation for injury) and sections
2671 through 2680 of title 28 (relating to tort claims)).
``(2) Limitation on liability.--The United States shall not
be liable for actions taken by an individual in the course of
training made available under this section.''.
(b) Clerical Amendment.--The analysis for chapter 7 of
title 14, United States Code, is amended by adding at the end
the following:

``718. Training; emergency response providers.''.

SEC. 307. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND
INDUSTRIAL ESTABLISHMENTS.

Section 939 of title 14, United States Code, is amended--
(1) by inserting before ``The Secretary may'' the
following: ``(a) In General.--'';
(2) in subsection (a), as so designated by paragraph (1) of
this section, by striking the period at the end of the last
sentence and inserting ``or in accordance with subsection
(b).''; and
(3) by adding at the end the following:
``(b) Incentive Contracts.--
``(1) The parties to an order for industrial work to be
performed by the Coast Guard Yard or a Coast Guard industrial
establishment designated under subsection (a) may enter into
an order or a cost-plus-incentive-fee order in accordance
with this subsection.
``(2) If such parties enter into such an order or a cost-
plus-incentive-fee order, an agreed-upon amount of any
adjustment described in subsection (a) may be distributed as
an incentive to the wage-grade industrial employees who
complete the order.
``(3) Before entering into such an order or cost-plus-
incentive-fee order such parties must agree that the wage-
grade employees of the Coast Guard Yard or Coast Guard
industrial establishment will take action to improve the
delivery schedule or technical performance agreed to in the
order for industrial work to which such parties initially
agreed.
``(4) Notwithstanding any other provision of law, if the
industrial workforce of the Coast Guard Yard or Coast Guard
industrial establishment satisfies the performance target
established in such an order or cost-plus-incentive-fee
order--
``(A) the adjustment to be made pursuant to subsection (a)
shall be reduced by an agreed-upon amount and distributed to
such wage-grade industrial employees; and
``(B) the remainder of the adjustment shall be credited to
the appropriation for such order current at that time.''.

SEC. 308. CONFIDENTIAL INVESTIGATIVE EXPENSES.

Section 944 of title 14, United States Code, is amended by
striking ``$45,000'' and inserting ``$250,000''.

SEC. 309. REGULAR CAPTAINS; RETIREMENT.

Section 2149(a) of title 14, United States Code, is
amended--
(1) by striking ``zone is'' and inserting ``zone, or from
being placed at the top of the list of selectees promulgated
by the Secretary under section 2121(a) of this title, is'';
and
(2) by striking the period at the end and inserting ``or
placed at the top of the list of selectees, as applicable.''.

SEC. 310. CONVERSION, ALTERATION, AND REPAIR PROJECTS.

(a) In General.--Chapter 9 of title 14, United States Code,
as amended by this division, is further amended by inserting
after section 951 the following:

``Sec. 952. Construction of Coast Guard vessels and
assignment of vessel projects

``The assignment of Coast Guard vessel conversion,
alteration, and repair projects shall be based on economic
and military considerations and may not be restricted by a

[[Page H4632]]

requirement that certain parts of Coast Guard shipwork be
assigned to a particular type of shipyard or geographical
area or by a similar requirement.''.
(b) Clerical Amendment.--The analysis for chapter 9 of
title 14, United States Code, is amended by inserting after
the item relating to section 951 the following:

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

SEC. 311. CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS.

(a) General Acquisition Authority.--Section 501(d) of title
14, United States Code, is amended by inserting ``aircraft,
and systems,'' after ``vessels,''.
(b) Contracting Authority.--Chapter 11 of title 14, United
States Code, as amended by this division, is further amended
by inserting after section 1136 the following:

``Sec. 1137. Contracting for major acquisitions programs

``(a) In General.--In carrying out authorities provided to
the Secretary to design, construct, accept, or otherwise
acquire assets and systems under section 501(d), the
Secretary, acting through the Commandant or the head of an
integrated program office established for a major acquisition
program, may enter into contracts for a major acquisition
program.
``(b) Authorized Methods.--Contracts entered into under
subsection (a)--
``(1) may be block buy contracts;
``(2) may be incrementally funded;
``(3) may include combined purchases, also known as
economic order quantity purchases, of--
``(A) materials and components; and
``(B) long lead time materials; and
``(4) as provided in section 2306b of title 10, may be
multiyear contracts.
``(c) Subject to Appropriations.--Any contract entered into
under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract is subject
to the availability of amounts specifically provided in
advance for that purpose in subsequent appropriations
Acts.''.
(c) Clerical Amendment.--The analysis for chapter 11 of
title 14, United States Code, as amended by this division, is
further amended by inserting after the item relating to
section 1136 the following:

``1137. Contracting for major acquisitions programs.''.
(d) Conforming Amendments.--The following provisions are
repealed:
(1) Section 223 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (14 U.S.C. 1152 note),
and the item relating to that section in the table of
contents in section 2 of such Act.
(2) Section 221(a) of the Coast Guard and Maritime
Transportation Act of 2012 (14 U.S.C. 1133 note).
(3) Section 207(a) of the Coast Guard Authorization Act of
2016 (14 U.S.C. 561 note).
(e) Internal Regulations and Policy.--Not later than 180
days after the date of enactment of this Act, the Secretary
of the department in which the Coast Guard is operating shall
establish the internal regulations and policies necessary to
exercise the authorities provided under this section,
including the amendments made in this section.
(f) Multiyear Contracts.--The Secretary of the department
in which the Coast Guard is operating is authorized to enter
into a multiyear contract for the procurement of a tenth,
eleventh, and twelfth National Security Cutter and associated
government-furnished equipment.

SEC. 312. OFFICER PROMOTION ZONES.

Section 2111(a) of title 14, United States Code, is amended
by striking ``six-tenths.'' and inserting ``one-half.''.

SEC. 313. CROSS REFERENCE.

Section 2129(a) of title 14, United States Code, is amended
by inserting ``designated under section 2317'' after
``cadet''.

SEC. 314. COMMISSIONED SERVICE RETIREMENT.

For Coast Guard officers who retire in fiscal year 2018 or
2019, the President may reduce the period of active
commissioned service required under section 2152 of title 14,
United States Code, to a period of not less than 8 years.

SEC. 315. LEAVE FOR BIRTH OR ADOPTION OF CHILD.

(a) Policy.--Section 2512 of title 14, United States Code,
is amended--
(1) by striking ``Not later than 1 year'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b),
not later than 1 year''; and
(2) by adding at the end the following:
``(b) Leave Associated With Birth or Adoption of Child.--
Notwithstanding subsection (a), sections 701 and 704 of title
10, or any other provision of law, all officers and enlisted
members of the Coast Guard shall be authorized leave
associated with the birth or adoption of a child during the
1-year period immediately following such birth or adoption
and, at the discretion of the Commanding Officer, such
officer or enlisted member shall be permitted--
``(1) to take such leave in increments; and
``(2) to use flexible work schedules (pursuant to a program
established by the Secretary in accordance with chapter 61 of
title 5).''.
(b) Flexible Work Schedules.--Not later than 180 days after
the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall ensure
that a flexible work schedule program under chapter 61 of
title 5, United States Code, is in place for officers and
enlisted members of the Coast Guard.

SEC. 316. CLOTHING AT TIME OF DISCHARGE.

Section 2705 of title 14, United States Code, and the item
relating to that section in the analysis for chapter 27 of
that title, are repealed.

SEC. 317. UNFUNDED PRIORITIES LIST.

(a) In General.--Section 5102 of title 14, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--On the date on which the President
submits to Congress a budget pursuant to section 1105 of
title 31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a capital investment plan for
the Coast Guard that identifies for each capital asset for
which appropriations are proposed in that budget--
``(1) the proposed appropriations included in the budget;
``(2) the total estimated cost of completion based on the
proposed appropriations included in the budget;
``(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until project completion, whichever is
earlier;
``(4) an estimated completion date based on the proposed
appropriations included in the budget; and
``(5) an acquisition program baseline, as applicable.'';
and
(2) by striking subsection (c) and inserting the following:
``(c) Definitions.--In this section, the term `new capital
asset' means--
``(1) an acquisition program that does not have an approved
acquisition program baseline; or
``(2) the acquisition of a capital asset in excess of the
number included in the approved acquisition program
baseline.''.
(b) Unfunded Priorities.--Chapter 51 of title 14, United
States Code, is amended by adding at the end the following:

``Sec. 5106. Unfunded priorities list

``(a) In General.--On the date on which the President
submits to Congress a budget pursuant to section 1105 of
title 31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a list of each unfunded priority
for the Coast Guard.
``(b) Prioritization.--The list required under subsection
(a) shall present the unfunded priorities in order from the
highest priority to the lowest, as determined by the
Commandant.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority' means a program or mission requirement
that--
``(1) has not been selected for funding in the applicable
proposed budget;
``(2) is necessary to fulfill a requirement associated with
an operational need; and
``(3) the Commandant would have recommended for inclusion
in the applicable proposed budget had additional resources
been available or had the requirement emerged before the
budget was submitted.''.
(c) Clerical Amendment.--The analysis for chapter 51 of
title 14, United States Code, is amended by adding at the end
the following:

``5106. Unfunded priorities list.''.

SEC. 318. SAFETY OF VESSELS OF THE ARMED FORCES.

(a) In General.--Section 527 of title 14, United States
Code, is amended--
(1) in the heading, by striking ``naval vessels'' and
inserting ``vessels of the Armed Forces'';
(2) in subsection (a), by striking ``United States naval
vessel'' and inserting ``vessel of the Armed Forces'';
(3) in subsection (b)--
(A) by striking ``senior naval officer present in command''
and inserting ``senior officer present in command''; and
(B) by striking ``United States naval vessel'' and
inserting ``vessel of the Armed Forces''; and
(4) by adding at the end the following:
``(e) For purposes of this title, the term `vessel of the
Armed Forces' means--
``(1) any vessel owned or operated by the Department of
Defense or the Coast Guard, other than a time- or voyage-
chartered vessel; and
``(2) any vessel owned and operated by the Department of
Transportation that is designated by the Secretary of the
department in which the Coast Guard is operating as a vessel
equivalent to a vessel described in paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 5 of
title 14, United States Code, is further amended by striking
the item relating to section 527 and inserting the following:

``527. Safety of vessels of the Armed Forces.''.
(c) Conforming Amendments.--Section 2510(a)(1) of title 14,
United States Code, is amended--
(1) by striking ``armed forces'' and inserting ``Armed
Forces''; and
(2) by striking ``section 101(a) of title 10'' and
inserting ``section 527(e)''.

SEC. 319. PROTECTING AGAINST UNMANNED AIRCRAFT.

(a) In General.--Chapter 5 of title 14, United States Code,
as amended by this division, is further amended by inserting
after section 527 the following:

[[Page H4633]]

``Sec. 528. Protecting against unmanned aircraft

``(a) Authority.--Notwithstanding title 18 (including
section 32, section 1030, sections 2510-2522, and sections
3121-3127), and section 46502 of title 49, the Secretary, or
the Secretary's designee, may take such actions described in
subsection (c)(1) as are necessary to mitigate the threat, as
defined by the Secretary in consultation with the Secretary
of Transportation, that an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a
covered vessel or aircraft.
``(b) Coordination With the Secretary of Transportation.--
The Secretary, or the Secretary's designee, shall coordinate
with the Secretary of Transportation, including the
Administrator of the Federal Aviation Administration, before
issuing any guidance or implementing any program or
procedures to carry out this section that might affect
aviation safety, civilian aviation and aerospace operations,
aircraft airworthiness, or the use of the airspace.
``(c) Actions Described.--
``(1) The actions described in this paragraph are the
following:
``(A) Detect, identify, monitor, and track the unmanned
aircraft system or unmanned aircraft, without prior consent,
including by means of intercept or other access of a wire,
oral, or electronic communication used to control the
unmanned aircraft system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active, and direct
or indirect physical, electronic, radio, and electromagnetic
means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent, including by
disabling the unmanned aircraft system or unmanned aircraft
by intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications used to
control the unmanned aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned aircraft
system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(F) Use reasonable force to disable, damage, or destroy
the unmanned aircraft system or unmanned aircraft.
``(2) The Secretary shall develop the actions described in
paragraph (1) in coordination with the Secretary of
Transportation.
``(d) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft described in subsection (a) that is seized by the
Secretary is subject to forfeiture to the United States.
``(e) Regulations.--The Secretary and the Secretary of
Transportation may prescribe regulations and shall issue
guidance in the respective areas of each Secretary to carry
out this section. The Secretary and the Secretary of
Transportation shall coordinate in the development of such
guidance.
``(f) Definitions.--In this section:
``(1) The term `covered vessel or aircraft' means a vessel
or aircraft that--
``(A)(i) is a vessel or aircraft operated by the Coast
Guard; or
``(ii) is a vessel the Coast Guard is assisting or
escorting;
``(B) is located in the United States (including the
territories and possessions of the United States); and
``(C) is directly involved in a mission of the Coast Guard
pertaining to--
``(i) assisting or escorting a vessel of the Department of
Defense;
``(ii) assisting or escorting a vessel of national security
significance, a high interest vessel, a high capacity
passenger vessel, or a high value unit, as those terms are
defined by the Secretary;
``(iii) section 91(a) of this title;
``(iv) assistance in protecting the President or the Vice
President (or other officer next in order of succession to
the Office of the President) pursuant to the Presidential
Protection Assistance Act of 1976 (18 U.S.C. 3056 note);
``(v) protection of a National Special Security Event, as
designated by the Secretary;
``(vi) air defense of the United States, including air
sovereignty, ground-based air defense, and the National
Capital Region integrated air defense system; or
``(vii) a search and rescue operation.
``(2) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the
meaning given those terms in section 2510 of title 18.
``(3) The term `National Special Security Event' has the
meaning given the term in section 2001 of the Homeland
Security Act of 2002 (6 U.S.C. 601).
``(4) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 331 of
the FAA Modernization and Reform Act of 2012 (Public Law 112-
95; 49 U.S.C. 40101 note).
``(g) Preservation of Appropriate Authority.--
``(1) Nothing in this section may be construed to vest in
the Secretary any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration under title 49.
``(2) Nothing in this section may be construed to vest in
the Secretary of Transportation or the Administrator of the
Federal Aviation Administration any authority of the
Secretary under title 14.
``(h) Privacy Protection.--Regulations or guidance issued
under subsection (e) shall ensure that--
``(1) the interception or acquisition of or access to
communications to or from an unmanned aircraft system under
this section is conducted in a manner consistent with the
Fourth Amendment to the United States Constitution and
applicable Federal law;
``(2) communications to or from an unmanned aircraft system
are intercepted, acquired, or accessed only to the extent
necessary to support a function of the Department;
``(3) records of such communications are not maintained for
more than 180 days unless the Secretary determines that
maintenance of such records--
``(A) is necessary to support one or more functions of the
Department; or
``(B) is required for a longer period to support a civilian
law enforcement agency or by any other applicable law or
regulation; and
``(4) such communications are not disclosed outside the
Department unless the disclosure--
``(A) would fulfill a function of the Department;
``(B) would support a civilian law enforcement agency or
enforcement activities of a regulatory agency in connection
with a criminal or civil investigation of, or any regulatory
action with regard to, any activity described under
subsection (c); or
``(C) is otherwise required by law or regulation.
``(i) Semi-annual Briefings Required.--
``(1) Not less than 180 days after the date of the
enactment of the Coast Guard Authorization Act of 2017, and
every 6 months thereafter until the authority terminates
pursuit to subsection (j), the Secretary and the Secretary of
Transportation shall jointly provide a briefing to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives on the activities carried out
pursuant to this section. Such briefings shall include--
``(A) policies, programs, and procedures to mitigate or
eliminate impacts of such activities to the National Airspace
System;
``(B) a description of each instance where an action
described in subsection (c)(1) has been taken;
``(C) how the Secretaries have informed the public as to
the possible use of authorities under this section; and
``(D) how the Secretaries have engaged with Federal, State,
and local law enforcement agencies to implement and use such
authorities.
``(2) Each briefing under paragraph (1) shall be in
unclassified form, but may be accompanied by an additional
classified briefing.
``(j) Termination of Authority.--The authority pursuant to
this section shall expire on December 31, 2020, for
Department missions unless the President of the United States
certifies to Congress, not less than 45 days prior to the
expiration date that retaining authority pursuant to this
section is in the national security interests of the United
States, thereby extending the authority for those mission
areas an additional 180 days.''.
(b) Clerical Amendment.--The analysis for chapter 5 of
title 14, United States Code, as amended by this division, is
further amended by inserting after the item relating to
section 527 the following:

``528. Protecting against unmanned aircraft.''.

SEC. 320. AIR FACILITIES.

Section 912 of title 14, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(3) in subsection (a) as redesignated--
(A) by amending paragraph (3) to read as follows:
``(3) Public notice and comment.--
``(A) In general.--Prior to closing an air facility, the
Secretary shall provide opportunities for public comment,
including the convening of public meetings in communities in
the area of responsibility of the air facility with regard to
the proposed closure or cessation of operations at the air
facility.
``(B) Public meetings.--Prior to convening a public meeting
under subparagraph (A), the Secretary shall notify each
congressional office representing any portion of the area of
responsibility of the air station that is the subject to such
public meeting of the schedule and location of such public
meeting.'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A) by striking
``2015'' and inserting ``2017''; and
(ii) by amending subparagraph (A) to read as follows:
``(A) submit to the Congress a proposal for such closure,
cessation, or reduction in operations along with the budget
of the President submitted to Congress under section 1105(a)
of title 31 that includes--
``(i) a discussion of the determination made by the
Secretary pursuant to paragraph (2); and
``(ii) a report summarizing the public comments received by
the Secretary under paragraph (3)''; and
(C) by adding at the end the following:
``(5) Congressional review.--The Secretary may not close,
cease operations, or significantly reduce personnel and use
of a Coast Guard air facility for which a written notice is
provided under paragraph (4)(A) until a period of 18 months
beginning on the date on which such notice is provided has
elapsed.''.

[[Page H4634]]

TITLE IV--PORTS AND WATERWAYS SAFETY

SEC. 401. CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT.

(a) Codification.--Subtitle VII of title 46, United States
Code, is amended by inserting before chapter 701 the
following:

``CHAPTER 700--PORTS AND WATERWAYS SAFETY

``subchapter a--vessel operations

``70001. Vessel traffic services.
``70002. Special powers.
``70003. Port access routes.
``70004. Considerations by Secretary.
``70005. International agreements.

``subchapter b--ports and waterways safety

``70011. Waterfront safety.
``70012. Navigational hazards.
``70013. Requirement to notify Coast Guard of release of objects into
the navigable waters of the United States.

``subchapter c--condition for entry into ports in the united states

``70021. Conditions for entry to ports in the united states.

``subchapter d--definitions, regulations, enforcement, investigatory
powers, applicability

``70031. Definitions.
``70032. Saint Lawrence Seaway.
``70033. Limitation on application to foreign vessels.
``70034. Regulations.
``70035. Investigatory powers.
``70036. Enforcement.

``SUBCHAPTER I--VESSEL OPERATIONS

``Sec. 70001. Vessel traffic services

``(a) Subject to the requirements of section 70004, the
Secretary--
``(1) in any port or place under the jurisdiction of the
United States, in the navigable waters of the United States,
or in any area covered by an international agreement
negotiated pursuant to section 70005, may construct, operate,
maintain, improve, or expand vessel traffic services, that
consist of measures for controlling or supervising vessel
traffic or for protecting navigation and the marine
environment and that may include one or more of reporting and
operating requirements, surveillance and communications
systems, routing systems, and fairways;
``(2) shall require appropriate vessels that operate in an
area of a vessel traffic service to utilize or comply with
that service;
``(3)(A) may require vessels to install and use specified
navigation equipment, communications equipment, electronic
relative motion analyzer equipment, or any electronic or
other device necessary to comply with a vessel traffic
service or that is necessary in the interests of vessel
safety.
``(B) Notwithstanding subparagraph (A), the Secretary shall
not require fishing vessels under 300 gross tons as measured
under section 14502, or an alternate tonnage measured under
section 14302 as prescribed by the Secretary under section
14104, or recreational vessels 65 feet or less to possess or
use the equipment or devices required by this subsection
solely under the authority of this chapter;
``(4) may control vessel traffic in areas subject to the
jurisdiction of the United States that the Secretary
determines to be hazardous, or under conditions of reduced
visibility, adverse weather, vessel congestion, or other
hazardous circumstances, by--
``(A) specifying times of entry, movement, or departure;
``(B) establishing vessel traffic routing schemes;
``(C) establishing vessel size, speed, or draft limitations
and vessel operating conditions; and
``(D) restricting operation, in any hazardous area or under
hazardous conditions, to vessels that have particular
operating characteristics or capabilities that the Secretary
considers necessary for safe operation under the
circumstances;
``(5) may require the receipt of prearrival messages from
any vessel, destined for a port or place subject to the
jurisdiction of the United States, in sufficient time to
permit advance vessel traffic planning before port entry,
which shall include any information that is not already a
matter of record and that the Secretary determines necessary
for the control of the vessel and the safety of the port or
the marine environment; and
``(6) may prohibit the use on vessels of electronic or
other devices that interfere with communication and
navigation equipment, except that such authority shall not
apply to electronic or other devices certified to transmit in
the maritime services by the Federal Communications
Commission and used within the frequency bands 157.1875-
157.4375 MHz and 161.7875-162.0375 MHz.
``(b) Cooperative Agreements.--
``(1) In general.--The Secretary may enter into cooperative
agreements with public or private agencies, authorities,
associations, institutions, corporations, organizations, or
other persons to carry out the functions under subsection
(a)(1).
``(2) Limitation.--
``(A) A nongovernmental entity may not under this
subsection carry out an inherently governmental function.
``(B) As used in this paragraph, the term `inherently
governmental function' means any activity that is so
intimately related to the public interest as to mandate
performance by an officer or employee of the Federal
Government, including an activity that requires either the
exercise of discretion in applying the authority of the
Government or the use of judgment in making a decision for
the Government.
``(c) Limitation of Liability for Coast Guard Vessel
Traffic Service Pilots and Non-Federal Vessel Traffic Service
Operators.--
``(1) Coast guard vessel traffic service pilots.--Any
pilot, acting in the course and scope of his or her duties
while at a Coast Guard Vessel Traffic Service, who provides
information, advice, or communication assistance while under
the supervision of a Coast Guard officer, member, or employee
shall not be liable for damages caused by or related to such
assistance unless the acts or omissions of such pilot
constitute gross negligence or willful misconduct.
``(2) Non-federal vessel traffic service operators.--An
entity operating a non-Federal vessel traffic information
service or advisory service pursuant to a duly executed
written agreement with the Coast Guard, and any pilot acting
on behalf of such entity, is not liable for damages caused by
or related to information, advice, or communication
assistance provided by such entity or pilot while so
operating or acting unless the acts or omissions of such
entity or pilot constitute gross negligence or willful
misconduct.

``Sec. 70002. Special powers

``The Secretary may order any vessel, in a port or place
subject to the jurisdiction of the United States or in the
navigable waters of the United States, to operate or anchor
in a manner the Secretary directs if--
``(1) the Secretary has reasonable cause to believe such
vessel does not comply with any regulation issued under
section 70034 or any other applicable law or treaty;
``(2) the Secretary determines such vessel does not satisfy
the conditions for port entry set forth in section 70021 of
this title; or
``(3) by reason of weather, visibility, sea conditions,
port congestion, other hazardous circumstances, or the
condition of such vessel, the Secretary is satisfied such
direction is justified in the interest of safety.

``Sec. 70003. Port access routes

``(a) Authority To Designate.--Except as provided in
subsection (b) and subject to the requirements of subsection
(c), in order to provide safe access routes for the movement
of vessel traffic proceeding to or from ports or places
subject to the jurisdiction of the United States, the
Secretary shall designate necessary fairways and traffic
separation schemes for vessels operating in the territorial
sea of the United States and in high seas approaches, outside
the territorial sea, to such ports or places. Such a
designation shall recognize, within the designated area, the
paramount right of navigation over all other uses.
``(b) Limitation.--
``(1) In general.--No designation may be made by the
Secretary under this section if--
``(A) the Secretary determines such a designation, as
implemented, would deprive any person of the effective
exercise of a right granted by a lease or permit executed or
issued under other applicable provisions of law; and
``(B) such right has become vested before the time of
publication of the notice required by paragraph (1) of
subsection (c).
``(2) Consultation required.--The Secretary shall make the
determination under paragraph (1)(A) after consultation with
the head of the agency responsible for executing the lease or
issuing the permit.
``(c) Consideration of Other Uses.--Before making a
designation under subsection (a), and in accordance with the
requirements of section 70004, the Secretary shall--
``(1) undertake a study of the potential traffic density
and the need for safe access routes for vessels in any area
for which fairways or traffic separation schemes are proposed
or that may otherwise be considered and publish notice of
such undertaking in the Federal Register;
``(2) in consultation with the Secretary of State, the
Secretary of the Interior, the Secretary of Commerce, the
Secretary of the Army, and the Governors of affected States,
as their responsibilities may require, take into account all
other uses of the area under consideration, including, as
appropriate, the exploration for, or exploitation of, oil,
gas, or other mineral resources, the construction or
operation of deepwater ports or other structures on or above
the seabed or subsoil of the submerged lands or the Outer
Continental Shelf of the United States, the establishment or
operation of marine or estuarine sanctuaries, and activities
involving recreational or commercial fishing; and
``(3) to the extent practicable, reconcile the need for
safe access routes with the needs of all other reasonable
uses of the area involved.
``(d) Study.--In carrying out the Secretary's
responsibilities under subsection (c), the Secretary shall--
``(1) proceed expeditiously to complete any study
undertaken; and
``(2) after completion of such a study, promptly--
``(A) issue a notice of proposed rulemaking for the
designation contemplated; or
``(B) publish in the Federal Register a notice that no
designation is contemplated as a result of the study and the
reason for such determination.
``(e) Implementation of Designation.--In connection with a
designation made under this section, the Secretary--

[[Page H4635]]

``(1) shall issue reasonable rules and regulations
governing the use of such designated areas, including rules
and regulations regarding the applicability of rules 9 and 10
of the International Regulations for Preventing Collisions at
Sea, 1972, relating to narrow channels and traffic separation
schemes, respectively, in waters where such regulations
apply;
``(2) to the extent that the Secretary finds reasonable and
necessary to effectuate the purposes of the designation, make
the use of designated fairways and traffic separation schemes
mandatory for specific types and sizes of vessels, foreign
and domestic, operating in the territorial sea of the United
States and for specific types and sizes of vessels of the
United States operating on the high seas beyond the
territorial sea of the United States;
``(3) may, from time to time, as necessary, adjust the
location or limits of designated fairways or traffic
separation schemes in order to accommodate the needs of other
uses that cannot be reasonably accommodated otherwise, except
that such an adjustment may not, in the judgment of the
Secretary, unacceptably adversely affect the purpose for
which the existing designation was made and the need for
which continues; and
``(4) shall, through appropriate channels--
``(A) notify cognizant international organizations of any
designation, or adjustment thereof; and
``(B) take action to seek the cooperation of foreign States
in making it mandatory for vessels under their control to
use, to the same extent as required by the Secretary for
vessels of the United States, any fairway or traffic
separation scheme designated under this section in any area
of the high seas.

``Sec. 70004. Considerations by Secretary

``In carrying out the duties of the Secretary under
sections 70001, 70002, and 70003, the Secretary shall--
``(1) take into account all relevant factors concerning
navigation and vessel safety, protection of the marine
environment, and the safety and security of United States
ports and waterways, including--
``(A) the scope and degree of the risk or hazard involved;
``(B) vessel traffic characteristics and trends, including
traffic volume, the sizes and types of vessels involved,
potential interference with the flow of commercial traffic,
the presence of any unusual cargoes, and other similar
factors;
``(C) port and waterway configurations and variations in
local conditions of geography, climate, and other similar
factors;
``(D) the need for granting exemptions for the installation
and use of equipment or devices for use with vessel traffic
services for certain classes of small vessels, such as self-
propelled fishing vessels and recreational vessels;
``(E) the proximity of fishing grounds, oil and gas
drilling and production operations, or any other potential or
actual conflicting activity;
``(F) environmental factors;
``(G) economic impact and effects;
``(H) existing vessel traffic services; and
``(I) local practices and customs, including voluntary
arrangements and agreements within the maritime community;
and
``(2) at the earliest possible time, consult with and
receive and consider the views of representatives of the
maritime community, ports and harbor authorities or
associations, environmental groups, and other persons who may
be affected by the proposed actions.

``Sec. 70005. International agreements

``(a) Transmittal of Regulations.--The Secretary shall
transmit, via the Secretary of State, to appropriate
international bodies or forums, any regulations issued under
this subchapter, for consideration as international
standards.
``(b) Agreements.--The President is authorized and
encouraged to--
``(1) enter into negotiations and conclude and execute
agreements with neighboring nations, to establish compatible
vessel standards and vessel traffic services, and to
establish, operate, and maintain international vessel traffic
services, in areas and under circumstances of mutual concern;
and
``(2) enter into negotiations, through appropriate
international bodies, and conclude and execute agreements to
establish vessel traffic services in appropriate areas of the
high seas.
``(c) Operations.--The Secretary, pursuant to any agreement
negotiated under subsection (b) that is binding upon the
United States in accordance with constitutional requirements,
may--
``(1) require vessels operating in an area of a vessel
traffic service to utilize or to comply with the vessel
traffic service, including the carrying or installation of
equipment and devices as necessary for the use of the
service; and
``(2) waive, by order or regulation, the application of any
United States law or regulation concerning the design,
construction, operation, equipment, personnel qualifications,
and manning standards for vessels operating in waters over
which the United States exercises jurisdiction if such vessel
is not en route to or from a United States port or place, and
if vessels en route to or from a United States port or place
are accorded equivalent waivers of laws and regulations of
the neighboring nation, when operating in waters over which
that nation exercises jurisdiction.
``(d) Ship Reporting Systems.--The Secretary, in
cooperation with the International Maritime Organization, may
implement and enforce two mandatory ship reporting systems,
consistent with international law, with respect to vessels
subject to such reporting systems entering the following
areas of the Atlantic Ocean:
``(1) Cape Cod Bay, Massachusetts Bay, and Great South
Channel (in the area generally bounded by a line starting
from a point on Cape Ann, Massachusetts at 42 deg. 39' N., 70
deg. 37' W; then northeast to 42 deg. 45' N., 70 deg. 13' W;
then southeast to 42 deg. 10' N., 68 deg. 31' W, then south
to 41 deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00'
N., 69 deg. 17' W; then northeast to 42 deg. 05' N., 70 deg.
02' W, then west to 42 deg. 04' N., 70 deg. 10' W; and then
along the Massachusetts shoreline of Cape Cod Bay and
Massachusetts Bay back to the point on Cape Ann at 42 deg.
39' N., 70 deg. 37' W).
``(2) In the coastal waters of the Southeastern United
States within about 25 nm along a 90 nm stretch of the
Atlantic seaboard (in an area generally extending from the
shoreline east to longitude 80 deg. 51.6' W with the southern
and northern boundary at latitudes 30 deg. 00' N., 31 deg.
27' N., respectively).

``SUBCHAPTER II--PORTS AND WATERWAYS SAFETY

``Sec. 70011. Waterfront safety

``(a) In General.--The Secretary may take such action as is
necessary to--
``(1) prevent damage to, or the destruction of, any bridge
or other structure on or in the navigable waters of the
United States, or any land structure or shore area
immediately adjacent to such waters; and
``(2) protect the navigable waters and the resources
therein from harm resulting from vessel or structure damage,
destruction, or loss.
``(b) Actions Authorized.--Actions authorized by subsection
(a) include--
``(1) establishing procedures, measures, and standards for
the handling, loading, unloading, storage, stowage, and
movement on a structure (including the emergency removal,
control, and disposition) of explosives or other dangerous
articles and substances, including oil or hazardous material
as those terms are defined in section 2101;
``(2) prescribing minimum safety equipment requirements for
a structure to assure adequate protection from fire,
explosion, natural disaster, and other serious accidents or
casualties;
``(3) establishing water or waterfront safety zones, or
other measures, for limited, controlled, or conditional
access and activity when necessary for the protection of any
vessel, structure, waters, or shore area; and
``(4) establishing procedures for examination to assure
compliance with the requirements prescribed under this
section.
``(c) State Law.--Nothing in this section, with respect to
structures, prohibits a State or political subdivision
thereof from prescribing higher safety equipment requirements
or safety standards than those that may be prescribed by
regulations under this section.

``Sec. 70012. Navigational hazards

``(a) Reporting Procedure.--The Secretary shall establish a
program to encourage fishermen and other vessel operators to
report potential or existing navigational hazards involving
pipelines to the Secretary through Coast Guard field offices.
``(b) Secretary's Response.--
``(1) Notification by the operator of a pipeline.--Upon
notification by the operator of a pipeline of a hazard to
navigation with respect to that pipeline, the Secretary shall
immediately notify Coast Guard headquarters, the Pipeline and
Hazardous Materials Safety Administration, other affected
Federal and State agencies, and vessel owners and operators
in the pipeline's vicinity.
``(2) Notification by other persons.--Upon notification by
any other person of a hazard or potential hazard to
navigation with respect to a pipeline, the Secretary shall
promptly determine whether a hazard exists, and if so shall
immediately notify Coast Guard headquarters, the Pipeline and
Hazardous Materials Safety Administration, other affected
Federal and State agencies, vessel owners and operators in
the pipeline's vicinity, and the owner and operator of the
pipeline.
``(c) Pipeline Defined.--For purposes of this section, the
term `pipeline' has the meaning given the term `pipeline
facility' in section 60101(a)(18) of title 49.

``Sec. 70013. Requirement to notify Coast Guard of release of
objects into the navigable waters of the United States

``(a) Requirement.--As soon as a person has knowledge of
any release from a vessel or facility into the navigable
waters of the United States of any object that creates an
obstruction prohibited under section 10 of the Act of March
3, 1899, popularly known as the Rivers and Harbors
Appropriations Act of 1899 (33 U.S.C. 403), such person shall
notify the Secretary and the Secretary of the Army of such
release.
``(b) Restriction on Use of Notification.--Any notification
provided by an individual in accordance with subsection (a)
may not be used against such individual in any criminal case,
except a prosecution for perjury or for giving a false
statement.

[[Page H4636]]

``SUBCHAPTER III--CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

``Sec. 70021. Conditions for entry to ports in the United
States

``(a) In General.--No vessel that is subject to chapter 37
shall operate in the navigable waters of the United States or
transfer cargo or residue in any port or place under the
jurisdiction of the United States, if such vessel--
``(1) has a history of accidents, pollution incidents, or
serious repair problems that, as determined by the Secretary,
creates reason to believe that such vessel may be unsafe or
may create a threat to the marine environment;
``(2) fails to comply with any applicable regulation issued
under section 70034, chapter 37, or any other applicable law
or treaty;
``(3) discharges oil or hazardous material in violation of
any law of the United States or in a manner or quantities
inconsistent with any treaty to which the United States is a
party;
``(4) does not comply with any applicable vessel traffic
service requirements;
``(5) is manned by one or more officers who are licensed by
a certificating State that the Secretary has determined,
pursuant to section 9101 of title 46, does not have standards
for licensing and certification of seafarers that are
comparable to or more stringent than United States standards
or international standards that are accepted by the United
States;
``(6) is not manned in compliance with manning levels as
determined by the Secretary to be necessary to insure the
safe navigation of the vessel; or
``(7) while underway, does not have at least one licensed
deck officer on the navigation bridge who is capable of
clearly understanding English.
``(b) Exceptions.--
``(1) In general.--The Secretary may allow provisional
entry of a vessel that is not in compliance with subsection
(a), if the owner or operator of such vessel proves, to the
satisfaction of the Secretary, that such vessel is not unsafe
or a threat to the marine environment, and if such entry is
necessary for the safety of the vessel or persons aboard.
``(2) Provisions not applicable.--Paragraphs (1), (2), (3),
and (4) of subsection (a) of this section shall not apply to
a vessel allowed provisional entry under paragraph (1) if the
owner or operator of such vessel proves, to the satisfaction
of the Secretary, that such vessel is no longer unsafe or a
threat to the marine environment, and is no longer in
violation of any applicable law, treaty, regulation, or
condition, as appropriate.

``SUBCHAPTER IV--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY
POWERS, APPLICABILITY

``Sec. 70031. Definitions

``As used in subchapters A through C and this subchapter,
unless the context otherwise requires:
``(1) The term `marine environment' means--
``(A) the navigable waters of the United States and the
land and resources therein and thereunder;
``(B) the waters and fishery resources of any area over
which the United States asserts exclusive fishery management
authority;
``(C) the seabed and subsoil of the Outer Continental Shelf
of the United States, the resources thereof, and the waters
superjacent thereto; and
``(D) the recreational, economic, and scenic values of such
waters and resources.
``(2) The term `Secretary' means the Secretary of the
department in which the Coast Guard is operating, except that
such term means the Secretary of Transportation with respect
to the application of this chapter to the Saint Lawrence
Seaway.
``(3) The term `navigable waters of the United States'
includes all waters of the territorial sea of the United
States as described in Presidential Proclamation No. 5928 of
December 27, 1988.

``Sec. 70032. Saint Lawrence Seaway

``The authority granted to the Secretary under sections
70001, 70002, 70003, 7004, and 70011 may not be delegated
with respect to the Saint Lawrence Seaway to any agency other
than the Saint Lawrence Seaway Development Corporation. Any
other authority granted the Secretary under subchapters A
through C and this subchapter shall be delegated by the
Secretary to the Saint Lawrence Seaway Development
Corporation to the extent the Secretary determines such
delegation is necessary for the proper operation of the Saint
Lawrence Seaway.

``Sec. 70033. Limitation on application to foreign vessels

``Except pursuant to international treaty, convention, or
agreement, to which the United States is a party, subchapters
A through C and this subchapter shall not apply to any
foreign vessel that is not destined for, or departing from, a
port or place subject to the jurisdiction of the United
States and that is in--
``(1) innocent passage through the territorial sea of the
United States; or
``(2) transit through the navigable waters of the United
States that form a part of an international strait.

``Sec. 70034. Regulations

``(a) In General.--In accordance with section 553 of title
5, the Secretary shall issue, and may from time to time amend
or repeal, regulations necessary to implement subchapters A
through C and this subchapter.
``(b) Consultation.--In the exercise of the regulatory
authority under subchapters A through C and this subchapter,
the Secretary shall consult with, and receive and consider
the views of all interested persons, including--
``(1) interested Federal departments and agencies;
``(2) officials of State and local governments;
``(3) representatives of the maritime community;
``(4) representatives of port and harbor authorities or
associations;
``(5) representatives of environmental groups;
``(6) any other interested persons who are knowledgeable or
experienced in dealing with problems involving vessel safety,
port and waterways safety, and protection of the marine
environment; and
``(7) advisory committees consisting of all interested
segments of the public when the establishment of such
committees is considered necessary because the issues
involved are highly complex or controversial.

``Sec. 70035. Investigatory powers

``(a) Secretary.--The Secretary may investigate any
incident, accident, or act involving the loss or destruction
of, or damage to, any structure subject to subchapters A
through C and this subchapter, or that affects or may affect
the safety or environmental quality of the ports, harbors, or
navigable waters of the United States.
``(b) Powers.--In an investigation under this section, the
Secretary may issue subpoenas to require the attendance of
witnesses and the production of documents or other evidence
relating to such incident, accident, or act. If any person
refuses to obey a subpoena, the Secretary may request the
Attorney General to invoke the aid of the appropriate
district court of the United States to compel compliance with
the subpoena. Any district court of the United States may, in
the case of refusal to obey a subpoena, issue an order
requiring compliance with the subpoena, and failure to obey
the order may be punished by the court as contempt. Witnesses
may be paid fees for travel and attendance at rates not
exceeding those allowed in a district court of the United
States.

``Sec. 70036. Enforcement

``(a) Civil Penalty.--
``(1) In general.--Any person who is found by the
Secretary, after notice and an opportunity for a hearing, to
have violated subchapters A through C or this subchapter or a
regulation issued under subchapters A through C or this
subchapter shall be liable to the United States for a civil
penalty, not to exceed $25,000 for each violation. Each day
of a continuing violation shall constitute a separate
violation. The amount of such civil penalty shall be assessed
by the Secretary, or the Secretary's designee, by written
notice. In determining the amount of such penalty, the
Secretary shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed and,
with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and such other
matters as justice may require.
``(2) Compromise, modification, or remission.--The
Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty that is subject to imposition
or that has been imposed under this section.
``(3) Failure to pay penalty.--If any person fails to pay
an assessment of a civil penalty after it has become final,
the Secretary may refer the matter to the Attorney General of
the United States, for collection in any appropriate district
court of the United States.
``(b) Criminal Penalty.--
``(1) Class d felony.--Any person who willfully and
knowingly violates subchapters A through C or this subchapter
or any regulation issued thereunder commits a class D felony.
``(2) Class c felony.--Any person who, in the willful and
knowing violation of subchapters A through C or this
subchapter or of any regulation issued thereunder, uses a
dangerous weapon, or engages in conduct that causes bodily
injury or fear of imminent bodily injury to any officer
authorized to enforce the provisions of such a subchapter or
the regulations issued under such subchapter, commits a class
C felony.
``(c) In Rem Liability.--Any vessel that is used in
violation of subchapters A, B, or C or this subchapter, or
any regulations issued under such subchapter, shall be liable
in rem for any civil penalty assessed pursuant to subsection
(a) and may be proceeded against in the United States
district court for any district in which such vessel may be
found.
``(d) Injunction.--The United States district courts shall
have jurisdiction to restrain violations of subchapter A, B,
or C or this subchapter or of regulations issued under such
subchapter, for cause shown.
``(e) Denial of Entry.--Except as provided in section
70021, the Secretary may, subject to recognized principles of
international law, deny entry by any vessel that is not in
compliance with subchapter A, B, or C or this subchapter or
the regulations issued under such subchapter--
``(1) into the navigable waters of the United States; or

[[Page H4637]]

``(2) to any port or place under the jurisdiction of the
United States.
``(f) Withholding of Clearance.--
``(1) In general.--If any owner, operator, or individual in
charge of a vessel is liable for a penalty or fine under this
section, or if reasonable cause exists to believe that the
owner, operator, or individual in charge may be subject to a
penalty or fine under this section, the Secretary of the
Treasury, upon the request of the Secretary, shall with
respect to such vessel refuse or revoke any clearance
required by section 60105 of title 46.
``(2) Granting clearance refused or revoked.--Clearance
refused or revoked under this subsection may be granted upon
filing of a bond or other surety satisfactory to the
Secretary.''.
(b) Clerical Amendment.--The analysis at the beginning of
such subtitle is amended by inserting before the item
relating to chapter 701 the following:

``700. Ports and Waterways Safety.........................70001.''.....

SEC. 402. CONFORMING AMENDMENTS.

(a) Electronic Charts.--
(1) Transfer of provision.--Section 4A of the Ports and
Waterways Safety Act (33 U.S.C. 1223a)--
(A) is redesignated as section 3105 of title 46, United
States Code, and transferred to appear after section 3104 of
that title; and
(B) is amended by striking subsection (b) and inserting the
following:
``(b) Limitation on Application.--Except pursuant to an
international treaty, convention, or agreement, to which the
United States is a party, this section shall not apply to any
foreign vessel that is not destined for, or departing from, a
port or place subject to the jurisdiction of the United
States and that is in--
``(1) innocent passage through the territorial sea of the
United States; or
``(2) transit through the navigable waters of the United
States that form a part of an international strait.''.
(2) Clerical amendment.--The analysis at the beginning of
chapter 31 of such title is amended by adding at the end the
following:

``3105. Electronic charts.''.

(b) Port, Harbor, and Coastal Facility Security.--
(1) Transfer of provisions.--So much of section 7 of the
Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes
subsection (c) of that section is redesignated as section
70116 of title 46, United States Code, and transferred so as
to replace section 70116 of that title, as in effect before
the enactment of this Act.
(2) Definitions, administration, and enforcement.--Section
70116 of title 46, United States Code, as amended by
paragraph (1) of this subsection, is amended by adding at the
end the following:
``(c) Definitions, Administration, and Enforcement.--This
section shall be treated as part of chapter 700 for purposes
of sections 70031, 70032, 70034, 70035, and 70036.''.
(3) Clerical amendment.--The analysis at the beginning of
chapter 701 of such title is amended by striking the item
relating to section 70116 and inserting the following:

``70116. Port, harbor, and coastal facility security.''.

(c) Nondisclosure of Port Security Plans.--Subsection (c)
of section 7 of the Ports and Waterways Safety Act (33 U.S.C.
1226), as so designated before the application of subsection
(b)(1) of this section--
(1) is redesignated as subsection (f) of section 70103 of
title 46, United States Code, and transferred so as to appear
after subsection (e) of such section; and
(2) is amended by striking ``this Act'' and inserting
``this chapter''.
(d) Repeal.--Section 2307 of title 46, United States Code,
and the item relating to that section in the analysis at the
beginning of chapter 23 of that title, are repealed.
(e) Repeal.--The Ports and Waterways Safety Act (33 U.S.C.
1221-1231, 1232-1232b), as amended by this division, is
repealed.

SEC. 403. TRANSITIONAL AND SAVINGS PROVISIONS.

(a) Definitions.--In this section:
(1) Source provision.--The term ``source provision'' means
a provision of law that is replaced by a title 46 provision
under this title.
(2) Title 46 provision.--The term ``title 46 provision''
means a provision of title 46, United States Code, that is
enacted by section 402 of this title.
(b) Cutoff Date.--The title 46 provisions replace certain
provisions of law enacted before the date of the enactment of
this Act. If a law enacted after that date amends or repeals
a source provision, that law is deemed to amend or repeal, as
the case may be, the corresponding title 46 provision. If a
law enacted after that date is otherwise inconsistent with a
title 46 provision or a provision of this title, that law
supersedes the title 46 provision or provision of this title
to the extent of the inconsistency.
(c) Original Date of Enactment Unchanged.--For purposes of
determining whether one provision of law supersedes another
based on enactment later in time, a title 46 provision is
deemed to have been enacted on the date of enactment of the
source provision that the title 46 provision replaces.
(d) References to Title 46 Provisions.--A reference to a
title 46 provision, including a reference in a regulation,
order, or other law, is deemed to refer to the corresponding
source provision.
(e) References to Source Provisions.--A reference to a
source provision, including a reference in a regulation,
order, or other law, is deemed to refer to the corresponding
title 46 provision.
(f) Regulations, Orders, and Other Administrative
Actions.--A regulation, order, or other administrative action
in effect under a source provision continues in effect under
the corresponding title 46 provision.
(g) Actions Taken and Offenses Committed.--An action taken
or an offense committed under a source provision is deemed to
have been taken or committed under the corresponding title 46
provision.

SEC. 404. RULE OF CONSTRUCTION.

This title, including the amendments made by this title, is
intended only to transfer provisions of the Ports and
Waterways Safety Act to title 46, United States Code, and may
not be construed to alter--
(1) the effect of a provision of the Ports and Waterways
Safety Act, including any authority or requirement therein;
(2) a department or agency interpretation with respect to
the Ports and Waterways Safety Act; or
(3) a judicial interpretation with respect to the Ports and
Waterways Safety Act.

SEC. 405. ADVISORY COMMITTEE: REPEAL.

Section 18 of the Coast Guard Authorization Act of 1991
(Public Law 102-241; 105 Stat. 2213) is repealed.

SEC. 406. REGATTAS AND MARINE PARADES.

(a) In General.--Chapter 700 of title 46, United States
Code, as established by section 401 of this title, is amended
by adding at the end the following:

``SUBCHAPTER V--REGATTAS AND MARINE PARADES

``Sec. 70041. Regattas and marine parades

``(a) In General.--The Commandant of the Coast Guard may
issue regulations to promote the safety of life on navigable
waters during regattas or marine parades.
``(b) Detail and Use of Vessels.--To enforce regulations
issued under this section--
``(1) the Commandant may detail any public vessel in the
service of the Coast Guard and make use of any private vessel
tendered gratuitously for that purpose; and
``(2) upon the request of the Commandant, the head of any
other Federal department or agency may enforce the
regulations by means of any public vessel of such department
and any private vessel tendered gratuitously for that
purpose.
``(c) Transfer of Authority.--The authority of the
Commandant under this section may be transferred by the
President for any special occasion to the head of another
Federal department or agency whenever in the President's
judgment such transfer is desirable.
``(d) Penalties.--
``(1) In general.--For any violation of regulations issued
pursuant to this section the following penalties shall be
incurred:
``(A) A licensed officer shall be liable to suspension or
revocation of license in the manner prescribed by law for
incompetency or misconduct.
``(B) Any person in charge of the navigation of a vessel
other than a licensed officer shall be liable to a penalty of
$5,000.
``(C) The owner of a vessel (including any corporate
officer of a corporation owning the vessel) actually on board
shall be liable to a penalty of $5,000, unless the violation
of regulations occurred without the owner's knowledge.
``(D) Any other person shall be liable to a penalty of
$2,500.
``(2) Mitigation or remission.--The Commandant may mitigate
or remit any penalty provided for in this subsection in the
manner prescribed by law for the mitigation or remission of
penalties for violation of the navigation laws.''.
(b) Clerical Amendment.--The analysis for chapter 700 of
title 46, United States Code, as established by section 401
of this title, is amended by adding at the end the following:

``subchapter e--regattas and marine parades

``70041. Regattas and marine parades.''.
(c) Repeal.--The Act of April 28, 1908 (35 Stat. 69,
chapter 151; 33 U.S.C. 1233 et seq.), is repealed.

SEC. 407. REGULATION OF VESSELS IN TERRITORIAL WATERS OF
UNITED STATES.

(a) Establishment of Subchapter F.--Chapter 700 of title
46, United States Code, as established by section 401 of this
title, is amended by adding at the end the following:

``SUBCHAPTER VI--REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED
STATES

``Sec. 70054. Definitions

``In this subchapter:
``(1) United states.--The term `United States' includes all
territory and waters, continental or insular, subject to the
jurisdiction of the United States.
``(2) Territorial waters.--The term `territorial waters of
the United States' includes all waters of the territorial sea
of the United States as described in Presidential
Proclamation 5928 of December 27, 1988.''.
(b) Regulation of Anchorage and Movement of Vessels During
National Emergency.--Section 1 of title II of the Act of June
15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 191), is
amended--
(1) by striking the section designation and all that
follows before ``by proclamation'' and inserting the
following:

``Sec. 70051. Regulation of anchorage and movement of vessels
during national emergency

``Whenever the President'';

[[Page H4638]]

(2) by striking ``of the Treasury'';
(3) by striking ``of the department in which the Coast
Guard is operating'';
(4) by striking ``this title'' and inserting ``this
subchapter''; and
(5) by transferring the section so that the section appears
before section 70054 of title 46, United States Code (as
added by subsection (a) of this section).
(c) Seizure and Forfeiture of Vessel; Fine and
Imprisonment.--Section 2 of title II of the Act of June 15,
1917 (40 Stat. 220, chapter 30; 50 U.S.C. 192), is amended--
(1) by striking the section designation and all that
follows before ``agent,'' and inserting the following:

``Sec. 70052. Seizure and forfeiture of vessel; fine and
imprisonment

``(a) In General.--If any owner,'';
(2) by striking ``this title'' each place it appears and
inserting ``this subchapter''; and
(3) by transferring the section so that the section appears
after section 70051 of title 46, United States Code (as
transferred by subsection (b) of this section).
(d) Enforcement Provisions.--Section 4 of title II of the
Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C.
194), is amended--
(1) by striking all before ``may employ'' and inserting the
following:

``Sec. 70053. Enforcement provisions

``The President'';
(2) by striking ``the purpose of this title'' and inserting
``this subchapter''; and
(3) by transferring the section so that the section appears
after section 70052 of title 46, United States Code (as
transferred by subsection (c) of this section).
(e) Clerical Amendment.--The analysis for chapter 700 of
title 46, United States Code, as established by section 401
of this title, is amended by adding at the end the following:

``subchapter f--regulation of vessels in territorial waters of united
states

``70051. Regulation of anchorage and movement of vessels during
national emergency.
``70052. Seizure and forfeiture of vessel; fine and imprisonment.
``70053. Enforcement provisions.
``70054. Definitions.''.

SEC. 408. PORT, HARBOR, AND COASTAL FACILITY SECURITY.

(a) Transfer of Provisions.--So much of section 7 of the
Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes
subsection (c) of that section is redesignated as section
70102a of title 46, United States Code, and transferred so as
to appear after section 70102 of that title.
(b) Definitions, Administration, and Enforcement.--Section
70102a of title 46, United States Code, as amended by
paragraph (1) of this subsection, is amended by adding at the
end the following:
``(c) Definitions, Administration, and Enforcement.--This
section shall be treated as part of chapter 700 for purposes
of sections 70031, 70032, 70034, 70035, and 70036.''.
(c) Clerical Amendment.--The analysis at the beginning of
chapter 701 of such title is amended by inserting after the
item relating to section 70102 the following:

``70102a. Port, harbor, and coastal facility security.''.
(d) Nondisclosure of Port Security Plans.--Subsection (c)
of section 7 of the Ports and Waterways Safety Act (33 U.S.C.
1226), as so designated before the application of subsection
(b)(1) of this section--
(1) is redesignated as subsection (f) of section 70103 of
title 46, United States Code, and transferred so as to appear
after subsection (e) of such section; and
(2) is amended by striking ``this Act'' and inserting
``this chapter''.

TITLE V--MARITIME TRANSPORTATION SAFETY

SEC. 501. CONSISTENCY IN MARINE INSPECTIONS.

(a) In General.--Section 3305 of title 46, United States
Code, is amended by adding at the end the following:
``(d)(1) The Commandant of the Coast Guard shall ensure
that Officers in Charge, Marine Inspections consistently
interpret regulations and standards under this subtitle and
chapter 700 to avoid disruption and undue expense to
industry.
``(2)(A) Subject to subparagraph (B), in the event of a
disagreement regarding the condition of a vessel or the
interpretation of a regulation or standard referred to in
subsection (a) between a local Officer in Charge, Marine
Inspection conducting an inspection of the vessel and the
Officer in Charge, Marine Inspection that issued the most
recent certificate of inspection for the vessel, such
Officers shall seek to resolve such disagreement.
``(B) If a disagreement described in subparagraph (A)
involves vessel design or plan review, the Coast Guard marine
safety center shall be included in all efforts to resolve
such disagreement.
``(C) If a disagreement described in subparagraph (A) or
(B) cannot be resolved, the local Officer in Charge, Marine
Inspection shall submit to the Commandant of the Coast Guard,
through the cognizant Coast Guard district commander, a
request for a final agency determination of the matter in
disagreement.
``(3) The Commandant of the Coast Guard shall--
``(A) provide to each person affected by a decision or
action by an Officer in Charge, Marine Inspection or by the
Coast Guard marine safety center all information necessary
for such person to exercise any right to appeal such decision
or action; and
``(B) if such an appeal is filed, process such appeal under
parts 1 through 4 of title 46, Code of Federal Regulations,
as in effect on the date of enactment of the Coast Guard
Authorization Act of 2017.
``(4) In this section, the term `Officer in Charge, Marine
Inspection' means any person from the civilian or military
branch of the Coast Guard who--
``(A) is designated as such by the Commandant; and
``(B) under the superintendence and direction of the
cognizant Coast Guard district commander, is in charge of an
inspection zone for the performance of duties with respect to
the inspections under, and enforcement and administration of,
subtitle II, chapter 700, and regulations under such laws.''.
(b) Report on Marine Inspector Training.--Not later than 1
year after the date of the enactment of this Act, the
Commandant of the Coast Guard shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the training,
experience, and qualifications required for assignment as a
marine inspector under section 312 of title 14, United States
Code, including--
(1) a description of any continuing education requirement,
including a specific list of the required courses;
(2) a description of the training, including a specific
list of the included courses, offered to a journeyman or an
advanced journeyman marine inspector to advance inspection
expertise;
(3) a description of any training that was offered in the
15-year period before the date of the enactment of this Act,
but is no longer required or offered, including a specific
list of the included courses, including the senior marine
inspector course and any plan review courses;
(4) a justification for why a course described in paragraph
(3) is no longer required or offered; and
(5) a list of the course content the Commandant considers
necessary to promote consistency among marine inspectors in
an environment of increasingly complex vessels and vessel
systems.

SEC. 502. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY,
MINNESOTA.

Section 4105 of title 46, United States Code, amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) In applying this title with respect to an uninspected
vessel of less than 25 feet overall in length that carries
passengers on Crane Lake or waters contiguous to such lake in
St. Louis County, Minnesota, the Secretary shall substitute
`12 passengers' for `6 passengers' each place it appears in
section 2101(42).''.

SEC. 503. ENGINE CUT-OFF SWITCH REQUIREMENTS.

(a) In General.--Chapter 43 of title 46, United States
Code, is amended by adding at the end the following:

``Sec. 4312. Engine cut-off switches

``(a) Installation Requirement.--A manufacturer,
distributor, or dealer that installs propulsion machinery and
associated starting controls on a covered recreational vessel
shall equip such vessel with an engine cut-off switch and
engine cut-off switch link that meet American Boat and Yacht
Council Standard A-33, as in effect on the date of the
enactment of the Coast Guard Authorization Act of 2017.
``(b) Education on Cut-off Switches.--The Commandant of the
Coast Guard, through the National Boating Safety Advisory
Committee established under section 15105, may initiate a
boating safety program on the use and benefits of cut-off
switches for recreational vessels.
``(c) Availability of Standard for Inspection.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Commandant shall transmit
American Boat and Yacht Council Standard A-33, as in effect
on the date of enactment of the Coast Guard Authorization Act
of 2017, to--
``(A) the Committee on Transportation and Infrastructure of
the House of Representatives;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(C) the Coast Guard Office of Design and Engineering
Standards; and
``(D) the National Archives and Records Administration.
``(2) Availability.--The standard submitted under paragraph
(1) shall be kept on file and available for public inspection
at such Coast Guard office and the National Archives and
Records Administration.
``(d) Definitions.--In this section:
``(1) Covered recreational vessel.--The term `covered
recreational vessel' means a recreational vessel that is--
``(A) less than 26 feet overall in length; and
``(B) capable of developing 115 pounds or more of static
thrust.
``(2) Dealer.--The term `dealer' means any person who is
engaged in the sale and distribution of recreational vessels
or associated equipment to purchasers whom the seller in good
faith believes to be purchasing any such vessel or associated
equipment for purposes other than resale.

[[Page H4639]]

``(3) Distributor.--The term `distributor' means any person
engaged in the sale and distribution of recreational vessels
and associated equipment for the purposes of resale.
``(4) Manufacturer.--The term `equipment manufacturer'
means any person engaged in the manufacture, construction, or
assembly of recreational vessels or associated equipment, or
the importation of recreational vessels into the United
States for subsequent sale.
``(5) Propulsion machinery.--The term `propulsion
machinery' means a self-contained propulsion system, and
includes, but is not limited to, inboard engines, outboard
motors, and sterndrive engines.
``(6) Static thrust.--The term `static thrust' means the
forward or backwards thrust developed by propulsion machinery
while stationary.''.
(b) Clerical Amendment.--The analysis at the beginning of
such chapter is amended by adding at the end the following:

``4312. Engine cut-off switches.''.
(c) Effective Date.--Section 4312 of title 46, United
States Code, as amended by this section, shall take effect
one year after the date of the enactment of this Act.

SEC. 504. EXCEPTION FROM SURVIVAL CRAFT REQUIREMENTS.

Section 4502(b) of title 46, United States Code, is
amended--
(1) in paragraph (2)(B), by striking ``a survival craft''
and inserting ``subject to paragraph (3), a survival craft'';
(2) by adding at the end the following:
``(3) Except for a nonapplicable vessel, an auxiliary craft
shall satisfy the equipment requirement under paragraph
(2)(B) if such craft is--
``(A) necessary for normal fishing operations;
``(B) readily accessible during an emergency; and
``(C) capable, in accordance with the Coast Guard capacity
rating, when applicable, of safely holding all individuals on
board the vessel to which the craft functions as an
auxiliary.''; and
(3) by adding at the end the following:
``(k) For the purposes of this section, the term `auxiliary
craft' means a vessel that is carried onboard a fishing
vessel and is normally used to support fishing operations.''.

SEC. 505. SAFETY STANDARDS.

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

SEC. 506. FISHING SAFETY GRANTS.

Section 4502 of title 46, United States Code, is amended--
(1) in subsections (i) and (j), by striking ``Secretary''
each place it appears and inserting ``Secretary of Health and
Human Services'';
(2) in subsection (i)(2), as amended by paragraph (1), by
inserting ``, in consultation with and based on criteria
established by the Commandant of the Coast Guard'' after
``Health and Human Services'';
(3) in subsection (i)(3), by striking ``75'' and inserting
``50'';
(4) in subsection (i)(4), by striking ``$3,000,000 for each
of fiscal years 2015 through 2017'' and inserting
``$3,000,000 for each of fiscal years 2018 through 2019'';
(5) in subsection (j)(2), as amended by paragraph (1), by
inserting ``, in consultation with and based on criteria
established by the Commandant of the Coast Guard,'' after
``Health and Human Services'';
(6) in subsection (j)(3), by striking ``75'' and inserting
``50''; and
(7) in subsection (j)(4), by striking ``$3,000,000 for each
fiscal years 2015 through 2017'' and inserting ``$3,000,000
for each of fiscal years 2018 through 2019''.

SEC. 507. FISHING, FISH TENDER, AND FISH PROCESSING VESSEL
CERTIFICATION.

Section 4503(f) of title 46, United States Code, as
redesignated by section 508 of this title, is further amended
to read as follows:
``(f)(1) For purposes of this section and section 4503a,
the term `built' means, with respect to a vessel, that the
vessel's construction has reached any of the following
stages:
``(A) The vessel's keel is laid.
``(B) Construction identifiable with the vessel has begun
and assembly of that vessel has commenced comprising of at
least 50 metric tons or one percent of the estimated mass of
all structural material, whichever is less.
``(2) In the case of a vessel greater than 79 feet overall
in length, for purposes of paragraph (1)(A) a keel is deemed
to be laid when a marine surveyor affirms that a structure
adequate for serving as a keel for such vessel is in place
and identified for use in the construction of such vessel.''.

SEC. 508. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY
COMPLIANCE PROGRAM.

(a) In General.--Section 4503(d) of title 46, United States
Code, is redesignated as section 4503a and transferred to
appear after section 4503 of such title.
(b) Fishing, Fish Tender, and Fish Processing Vessel
Certification.--Section 4503 of title 46, United States Code,
is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively;
(2) in subsection (b), by striking ``subsection (d)'' and
inserting ``section 4503a'';
(3) in subsection (c)(2)(B)(ii)(I), by striking
``subsection (e)'' and inserting ``subsection (d)'';
(4) in subsection (c)(2)(B)(ii)(II), by striking
``subsection (f)'' and inserting ``subsection (e)'';
(5) in subsection (e)(1), as amended by paragraph (1) of
this subsection, by striking ``subsection (e)'' each place it
appears and inserting ``subsection (d)''; and
(6) in subsection (e)(2), as amended by paragraph (1) of
this subsection, by striking ``subsection (e)'' each place it
appears and inserting ``subsection (d)'';
(c) Alternate Safety Compliance Program.--Section 4503a of
title 46, United States Code, as redesignated and transferred
by subsection (a) of this section, is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), and (5)
as subsections (a), (b), (c), (d), and (e), respectively;
(2) by inserting before subsection (a), as so redesignated,
the following:

``Sec. 4503a. Alternate safety compliance program'';

(3) in subsection (a), as redesignated by paragraph (1) of
this subsection, by striking ``After January 1, 2020,'' and
all that follows through ``the Secretary, if'' and inserting
``Subject to subsection (c), beginning on the date that is 3
years after the date that the Secretary prescribes an
alternate safety compliance program, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with such an
alternate safety compliance program, if'';
(4) in subsection (a), as so redesignated, by redesignating
subparagraphs (A), (B), and (C) as paragraphs (1), (2), and
(3), respectively;
(5) in subsection (b), as so redesignated, by striking
``establishes standards for an alternate safety compliance
program, shall comply with such an alternative safety
compliance program that is developed in cooperation with the
commercial fishing industry and prescribed by the Secretary''
and inserting ``prescribes an alternate safety compliance
program under subsection (a), shall comply with such an
alternate safety compliance program'';
(6) by amending subsection (c), as so redesignated, to read
as follows:
``(c) For purposes of subsection (a), a separate alternate
safety compliance program may be developed for a specific
region or specific fishery.'';
(7) in subsection (d), as so redesignated--
(A) by striking ``paragraph (1)'' and inserting
``subsection (a)''; and
(B) by striking ``that paragraph'' each place it appears
and inserting ``that subsection'';
(8) in subsection (e), as so redesignated, by--
(A) inserting ``is not eligible to participate in an
alternative safety compliance program prescribed under
subsection (a) and'' after ``July 1, 2012''; and
(B) redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively;
(9) by adding at the end the following:
``(f) For the purposes of this section, the term `built'
has the meaning given that term in section 4503(f).''.
(d) Clerical Amendment.--The analysis at the beginning of
chapter 45 of such title is amended by inserting after the
item relating to section 4503 the following

``4503a. Alternate safety compliance program.''.
(e) Conforming Amendment.--Section 3104 of title 46, United
States Code, is amended by striking ``section 4503(e)'' and
inserting ``section 4503(d)''.
(f) Final Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall issue a final rule
implementing the requirements enumerated in section 4503(d)
of title 46, as amended by subsection (b)(1) of this section.
(g) Alternate Safety Compliance Program Status Report.--
(1) In general.--Not later than January 1, 2019, the
Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the status of the development of the
alternate safety compliance program directed by section 4503a
of title 46, United States Code, as redesignated by
subsection (c).
(2) Contents.--The report required under paragraph (1)
shall include discussion of--
(A) steps taken in the rulemaking process to establish the
alternate safety compliance program;
(B) communication and collaboration between the Coast
Guard, the department in which the Coast Guard is operating,
and the commercial fishing vessel industry regarding the
development of the alternate safety compliance program;
(C) consideration given to developing alternate safety
compliance programs for specific regions and fisheries, as
authorized in section 4503a(c) of such title, as redesignated
by subsection (c);
(D) any identified legislative changes necessary to
implement an effective alternate safety compliance program;
and

[[Page H4640]]

(E) the timeline and planned actions that will be taken to
implement regulations necessary to fully establish an
alternate safety compliance program before January 1, 2020.

SEC. 509. TERMINATION OF UNSAFE OPERATIONS; TECHNICAL
CORRECTION.

Section 4505(2) of title 46, United States Code, is
amended--
(1) by striking ``4503(1)'' and inserting ``4503(a)(2)'';
and
(2) by inserting before the period the following: ``,
except that this paragraph shall not apply with respect to a
vessel to which section 4503a applies''.

SEC. 510. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATES OF
REGISTRY, AND MERCHANT MARINER DOCUMENTS.

Title 46, United States Code, is amended--
(1) in section 7106(b), by striking ``merchant mariner's
document,'' and inserting ``license,'';
(2) in section 7107(b), by striking ``merchant mariner's
document,'' and inserting ``certificate of registry,'';
(3) in section 7507(b)(1), by striking ``licenses or
certificates of registry'' and inserting ``merchant mariner
documents''; and
(4) in section 7507(b)(2) by striking ``merchant mariner's
document.'' and inserting ``license or certificate of
registry.''.

SEC. 511. CLARIFICATION OF LOGBOOK ENTRIES.

(a) In General.--Section 11304 of title 46, United States
Code, is amended--
(1) in subsection (a), by striking ``an official logbook,
which'' and inserting ``a logbook, which may be in any form,
including electronic, and''; and
(2) in subsection (b), by amending paragraph (3) to read as
follows:
``(3) Each illness of, and injury to, a seaman of the
vessel, the nature of the illness or injury, and the medical
treatment provided for the injury or illness.''.
(b) Technical Amendment.--Section 11304(b) is amended by
striking ``log book'' and inserting ``logbook''.

SEC. 512. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL
VESSELS.

Section 12105 of title 46, United States Code, is amended
by adding at the end the following:
``(e) Effective Period.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), a certificate of documentation issued under this part is
valid for a 1-year period and may be renewed for additional
1-year periods.
``(2) Recreational vessels.--
``(A) In general.--A certificate of documentation for a
recreational vessel and the renewal of such a certificate
shall be effective for a 5-year period.
``(B) Phase-in period.--During the period beginning January
1, 2019, and ending December 31, 2021, the owner or operator
of a recreational vessel may choose a period of effectiveness
of between 1 and 5 years for such a certificate of
documentation for such vessel or the renewal thereof.
``(C) Fees.--
``(i) Requirement.--The Secretary shall assess and collect
a fee--

``(I) for the issuance of a certificate of documentation
for a recreational vessel that is equivalent to the fee
established for the issuance of a certificate of
documentation under section 2110; and
``(II) for the renewal of a certificate of documentation
for a recreational vessel that is equivalent to the number of
years of effectiveness of the certificate of documentation
multiplied by the fee established for the renewal of a
certificate of documentation under section 2110.

``(ii) Treatment.--Fees collected under this subsection--

``(I) shall be credited to the account from which the costs
of such issuance or renewal were paid; and
``(II) may remain available until expended.

``(3) Notice of change in information.--
``(A) Requirement.--The owner of a vessel shall notify the
Coast Guard of each change in the information on which the
issuance of the certificate of documentation for the vessel
is based that occurs before the expiration of the certificate
under this subsection, by not later than 30 days after such
change.
``(B) Termination of certificate.--The certificate of
documentation for a vessel shall terminate upon the
expiration of such 30-day period if the owner has not
notified the Coast Guard of such change before the end of
such period.
``(4) State and local authority to remove abandoned and
derelict vessels.--Nothing in this section shall be construed
to limit the authority of a State or local authority from
taking action to remove an abandoned or derelict vessel.''.

SEC. 513. NUMBERING FOR UNDOCUMENTED BARGES.

Section 12301(b) of title 46, United States Code, is
amended--
(1) by striking ``shall'' and inserting ``may''; and
(2) by inserting ``of'' after ``barge''.

SEC. 514. BACKUP GLOBAL POSITIONING SYSTEM.

(a) Short Title.--This section may be cited as the
``National Timing Resilience and Security Act of 2018''.
(b) In General.--Chapter 3 of title 49, United States Code,
is amended by adding at the end the following:

``Sec. 312. Alternative timing system

``(a) In General.--Subject to the availability of
appropriations and not later than 3 years after the date of
the enactment of the National Timing Resilience and Security
Act of 2018, the Secretary shall establish a land-based,
resilient, and reliable alternative timing system--
``(1) to reduce critical dependencies on, and provide a
complement to and backup for, the timing component of the
Global Positioning System; and
``(2) to ensure the availability of uncorrupted and non-
degraded timing signals for military and civilian users in
the event that GPS timing signals are corrupted, degraded,
unreliable, or otherwise unavailable.
``(b) Establishment of Requirements.--
``(1) In general.--Not later than 180 days after the date
of enactment of the National Timing Resilience and Security
Act of 2018, the Secretary shall establish requirements for
the procurement of a land-based complement to and backup for
the timing component of GPS.
``(2) Requirements.--The Secretary shall consider the
following requirements for the system, to the degree
practicable:
``(A) Be wireless.
``(B) Be terrestrial.
``(C) Provide wide-area coverage.
``(D) Be synchronized with coordinated universal time.
``(E) Be resilient and extremely difficult to disrupt or
degrade.
``(F) Be able to penetrate underground and inside
buildings.
``(G) Be capable of deployment to remote locations.
``(H) Incorporate the expertise of the private sector with
respect to development, building, and installation.
``(I) Be interoperable with and complement other similar
positioning, navigation, and timing systems, including
enhanced long-range navigation systems and Nationwide
Differential GPS systems.
``(J) Be available for use by Federal and non-Federal
government agencies for public purposes at no cost.
``(K) Be capable of adaptation and expansion to provide
position and navigation capabilities.
``(L) Incorporate the recommendations and next actions from
any GPS back-up capability demonstration program initiated
and completed by the Secretary, in coordination with other
Federal agencies.
``(M) Incorporate such other requirements determined
necessary by the Secretary.
``(c) Implementation Plan.--Not later than 1 year after the
date of enactment of the National Timing Resilience and
Security Act of 2018, the Secretary shall provide to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a plan to implement the
establishment of the system authorized by subsection (a).
Such plan shall describe the work necessary to provide a
follow-on complementary and backup positioning and navigation
capability.
``(d) Funding.--
``(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall transfer, without
reimbursement, to the Secretary to carry out this section the
following:
``(A) Notwithstanding section 914 of title 14, or any other
provision of law, such infrastructure comprising the Long-
Range Navigation (LORAN) system, including any real and
personal property under the administrative control of the
Coast Guard and used for the LORAN system, as the Secretary
determines necessary for the purposes described in subsection
(a).
``(B) Any funds specifically appropriated or made available
for the purposes described in subsection (a), and such funds
shall remain available until expended, without fiscal year
limitation.
``(2) Liabilities and responsibilities.--
``(A) Nothing in this subsection may be construed to limit
the application of or otherwise affect section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
``(B) The Secretary shall assume all environmental
compliance and restoration responsibilities and liabilities
associated with real property transferred under paragraph
(1)(A).
``(e) Agreement.--
``(1) In general.--Federal agencies may not make
commitments under this section (including cooperative
agreements (as that term is defined under section 6305 of
title 31), leases, service contracts, or any other type of
commitment) unless funds are specifically provided for such
purposes in advance in subsequent appropriations Acts, and
only to the extent that the full extent of anticipated costs
stemming from such commitments is recorded as an obligation
up front and in full at the time it is made.
``(2) Competition required.--The Secretary shall use
competitive procedures similar to those authorized under
section 2667 of title 10 in selecting an entity to enter into
an agreement to fulfill the purpose or this section.
``(3) Determination.--Prior to entering into any agreement
under this subsection, the Secretary must determine that the
use of such agreement is in the best financial interest of
the Federal Government.
``(f) Definitions.--In this section:
``(1) Entity.--The term `entity' means a non-Federal entity
with the demonstrated technical expertise and requisite
administrative and financial resources to meet any such terms
and conditions as may be established by the Secretary.
``(2) GPS.--The term `GPS' means the Global Positioning
System.

[[Page H4641]]

``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.''.
(c) Table of Contents.--The table of contents for chapter 3
of title 49, United States Code, is amended by adding at the
end the following:

``312. Alternative timing system.''.

SEC. 515. SCIENTIFIC PERSONNEL.

Section 2101(31) of title 46, United States Code, is
amended--
(1) by inserting ``(A) Subject to subparagraph (B),''
before the text; and
(2) by adding at the end the following:
``(B)(i) Such term includes an individual who is on board
an oceanographic research vessel only to--
``(I) engage in scientific research;
``(II) instruct in oceanography or limnology; or
``(III) receive instruction in oceanography or limnology.
``(ii) For purposes of clause (i), the age of an individual
may not be considered in determining whether the individual
is described in such clause.''.

SEC. 516. TRANSPARENCY.

(a) In General.--The Commandant of the Coast Guard shall
publish any letter of determination issued by the Coast Guard
National Vessel Documentation Center after the date of the
enactment of this Act on the National Vessel Documentation
Center website not later than 30 days after the date of
issuance of such letter of determination.
(b) Audit.--
(1) In general.--The Comptroller General of the United
States shall conduct an audit, the results of which shall be
made publicly available, of--
(A) the method or process by which the Coast Guard National
Vessel Documentation Center develops policy for and documents
compliance with the requirements of section 67.97 of title
46, Code of Federal Regulations, for the purpose of issuing
endorsements under section 12112 and 12113 of title 46,
United States Code;
(B) the coordination between the Coast Guard and U.S.
Customs and Border Protection with respect to the enforcement
of such requirements; and
(C) the extent to which the Secretary of the department in
which the Coast Guard is operating and the Secretary of
Transportation, through the Maritime Administration, have
published and disseminated information to promote compliance
with applicable vessel construction requirements.
(2) Report.--Not later than 90 days after the audit under
paragraph (1) is complete, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report regarding the results of and
recommendations made pursuant to such audit.
(c) Outline.--Not later than 180 days after the date of the
submission of the Comptroller General of the United States
report required under subsection (b), the Commandant of the
Coast Guard shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives an outline of plans--
(1) to enhance the transparency of the documentation
process, and communications with the maritime industry
regarding such process over the next 5 years; and
(2) to implement the recommendations made by the
Comptroller General of the United States in the report
required under subsection (b)(2).

TITLE VI--ADVISORY COMMITTEES

SEC. 601. NATIONAL MARITIME TRANSPORTATION ADVISORY
COMMITTEES.

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

``PART K--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

``CHAPTER 151--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

``Sec.
``15101. National Chemical Transportation Safety Advisory Committee.
``15102. National Commercial Fishing Safety Advisory Committee.
``15103. National Merchant Marine Personnel Advisory Committee.
``15104. National Merchant Mariner Medical Advisory Committee.
``15105. National Boating Safety Advisory Committee.
``15106. National Offshore Safety Advisory Committee.
``15107. National Navigation Safety Advisory Committee.
``15108. National Towing Safety Advisory Committee.
``15109. Administration.

``Sec. 15101. National Chemical Transportation Safety
Advisory Committee

``(a) Establishment.--There is established a National
Chemical Transportation Safety Advisory Committee (in this
section referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
on matters relating to the safe and secure marine
transportation of hazardous materials.
``(c) Membership.--
``(1) In general.--The Committee shall consist of not more
than 25 members appointed by the Secretary in accordance with
this section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Each member of the Committee shall
represent 1 of the following:
``(A) Chemical manufacturing entities.
``(B) Entities related to marine handling or transportation
of chemicals.
``(C) Vessel design and construction entities.
``(D) Marine safety or security entities.
``(E) Marine environmental protection entities.
``(4) Distribution.--The Secretary shall, based on the
needs of the Coast Guard, determine the number of members of
the Committee who represent each entity specified in
paragraph (3). Neither this paragraph nor any other provision
of law shall be construed to require an equal distribution of
members representing each entity specified in paragraph (3).

``Sec. 15102. National Commercial Fishing Safety Advisory
Committee

``(a) Establishment.--There is established a National
Commercial Fishing Safety Advisory Committee (in this section
referred to as the `Committee').
``(b) Function.--The Committee shall--
``(1) advise the Secretary on matters relating to the safe
operation of vessels to which chapter 45 of this title
applies, including the matters of--
``(A) navigation safety;
``(B) safety equipment and procedures;
``(C) marine insurance;
``(D) vessel design, construction, maintenance, and
operation; and
``(E) personnel qualifications and training; and
``(2) review regulations proposed under chapter 45 of this
title (during preparation of the regulations).
``(c) Membership.--
``(1) In general.--The Committee shall consist of 18
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 10 members shall represent the commercial fishing
industry and--
``(i) as a group, shall together reflect a regional and
representational balance; and
``(ii) as individuals, shall each have experience--

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

``(B) 1 member shall represent naval architects and marine
engineers.
``(C) 1 member shall represent manufacturers of equipment
for vessels to which chapter 45 of this title applies.
``(D) 1 member shall represent education and training
professionals related to fishing vessel, fish processing
vessel, and fish tender vessel safety and personnel
qualifications.
``(E) 1 member shall represent underwriters that insure
vessels to which chapter 45 of this title applies.
``(F) 1 member shall represent owners of vessels to which
chapter 45 of this title applies.
``(G) 3 members shall represent the general public and, to
the extent possible, shall include--
``(i) an independent expert or consultant in maritime
safety;
``(ii) a marine surveyor who provides services to vessels
to which chapter 45 of this title applies; and
``(iii) a person familiar with issues affecting fishing
communities and the families of fishermen.

``Sec. 15103. National Merchant Marine Personnel Advisory
Committee

``(a) Establishment.--There is established a National
Merchant Marine Personnel Advisory Committee (in this section
referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
on matters relating to personnel in the United States
merchant marine, including the training, qualifications,
certification, documentation, and fitness of mariners.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 19
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 9 members shall represent mariners and, of the 9--
``(i) each shall--

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

``(ii) 3 shall be deck officers who represent merchant
marine deck officers and, of the 3--

``(I) 2 shall be licensed for oceans any gross tons;
``(II) 1 shall be licensed for inland river route with a
limited or unlimited tonnage;

[[Page H4642]]

``(III) 2 shall have a master's license or a master of
towing vessels license;
``(IV) 1 shall have significant tanker experience; and
``(V) to the extent practicable--

``(aa) 1 shall represent labor; and
``(bb) 1 shall represent management;
``(iii) 3 shall be engineering officers who represent
merchant marine engineering officers and, of the 3--

``(I) 2 shall be licensed as chief engineer any horsepower;
``(II) 1 shall be licensed as either a limited chief
engineer or a designated duty engineer; and
``(III) to the extent practicable--

``(aa) 1 shall represent labor; and
``(bb) 1 shall represent management;
``(iv) 2 shall be unlicensed seamen who represent merchant
marine unlicensed seaman and, of the 2--

``(I) 1 shall represent able-bodied seamen; and
``(II) 1 shall represent qualified members of the engine
department; and

``(v) 1 shall be a pilot who represents merchant marine
pilots.
``(B) 6 members shall represent marine educators and, of
the 6--
``(i) 3 shall be marine educators who represent maritime
academies and, of the 3--

``(I) 2 shall represent State maritime academies (and are
jointly recommended by such academies); and
``(II) 1 shall represent either State maritime academies or
the United States Merchant Marine Academy; and

``(ii) 3 shall be marine educators who represent other
maritime training institutions and, of the 3, 1 shall
represent the small vessel industry.
``(C) 2 members shall represent shipping companies employed
in ship operation management.
``(D) 2 members shall represent the general public.

``Sec. 15104. National Merchant Mariner Medical Advisory
Committee

``(a) Establishment.--There is established a National
Merchant Mariner Medical Advisory Committee (in this section
referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
on matters relating to--
``(1) medical certification determinations for the issuance
of licenses, certification of registry, and merchant
mariners' documents with respect to merchant mariners;
``(2) medical standards and guidelines for the physical
qualifications of operators of commercial vessels;
``(3) medical examiner education; and
``(4) medical research.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 14
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 9 shall represent health-care professionals and have
particular expertise, knowledge, and experience regarding the
medical examinations of merchant mariners or occupational
medicine.
``(B) 5 shall represent professional mariners and have
particular expertise, knowledge, and experience in
occupational requirements for mariners.

``Sec. 15105. National Boating Safety Advisory Committee

``(a) Establishment.--There is established a National
Boating Safety Advisory Committee (in this section referred
to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
on matters relating to national boating safety.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 21
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 7 members shall represent State officials responsible
for State boating safety programs.
``(B) 7 members shall represent recreational vessel and
associated equipment manufacturers.
``(C) 7 members shall represent the general public or
national recreational boating organizations and, of the 7, at
least 5 shall represent national recreational boating
organizations.

``Sec. 15106. National Offshore Safety Advisory Committee

``(a) Establishment.--There is established a National
Offshore Safety Advisory Committee (in this section referred
to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
on matters relating to activities directly involved with, or
in support of, the exploration of offshore mineral and energy
resources, to the extent that such matters are within the
jurisdiction of the Coast Guard.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 15
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 2 members shall represent entities engaged in the
production of petroleum.
``(B) 2 members shall represent entities engaged in
offshore drilling.
``(C) 2 members shall represent entities engaged in the
support, by offshore supply vessels or other vessels, of
offshore mineral and oil operations, including geophysical
services.
``(D) 1 member shall represent entities engaged in the
construction of offshore exploration and recovery facilities.
``(E) 1 member shall represent entities engaged in diving
services related to offshore construction, inspection, and
maintenance.
``(F) 1 member shall represent entities engaged in safety
and training services related to offshore exploration and
construction.
``(G) 1 member shall represent entities engaged in
pipelaying services related to offshore construction.
``(H) 2 members shall represent individuals employed in
offshore operations and, of the 2, 1 shall have recent
practical experience on a vessel or offshore unit involved in
the offshore mineral and energy industry.
``(I) 1 member shall represent national environmental
entities.
``(J) 1 member shall represent deepwater ports.
``(K) 1 member shall represent the general public (but not
a specific environmental group).

``Sec. 15107. National Navigation Safety Advisory Committee

``(a) Establishment.--There is established a National
Navigation Safety Advisory Committee (in this section
referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
on matters relating to maritime collisions, rammings, and
groundings, Inland Rules of the Road, International Rules of
the Road, navigation regulations and equipment, routing
measures, marine information, and aids to navigation systems.
``(c) Membership.--
``(1) In general.--The Committee shall consist of not more
than 21 members appointed by the Secretary in accordance with
this section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Each member of the Committee shall
represent 1 of the following:
``(A) Commercial vessel owners or operators.
``(B) Professional mariners.
``(C) Recreational boaters.
``(D) The recreational boating industry.
``(E) State agencies responsible for vessel or port safety.
``(F) The Maritime Law Association.
``(4) Distribution.--The Secretary shall, based on the
needs of the Coast Guard, determine the number of members of
the Committee who represent each entity specified in
paragraph (3). Neither this paragraph nor any other provision
of law shall be construed to require an equal distribution of
members representing each entity specified in paragraph (3).

``Sec. 15108. National Towing Safety Advisory Committee

``(a) Establishment.--There is established a National
Towing Safety Advisory Committee (in this section referred to
as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
on matters relating to shallow-draft inland navigation,
coastal waterway navigation, and towing safety.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 18
members appointed by the Secretary in accordance with this
section and section 15109 of this chapter.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) 7 members shall represent the barge and towing
industry, reflecting a regional geographic balance.
``(B) 1 member shall represent the offshore mineral and oil
supply vessel industry.
``(C) 1 member shall represent masters and pilots of towing
vessels who hold active licenses and have experience on the
Western Rivers and the Gulf Intracoastal Waterway.
``(D) 1 member shall represent masters of towing vessels in
offshore service who hold active licenses.
``(E) 1 member shall represent masters of active ship-
docking or harbor towing vessels.
``(F) 1 member shall represent licensed and unlicensed
towing vessel engineers with formal training and experience.
``(G) 2 members shall represent port districts,
authorities, or terminal operators.
``(H) 2 members shall represent shippers and, of the 2, 1
shall be engaged in the shipment of oil or hazardous
materials by barge.
``(I) 2 members shall represent the general public.

``Sec. 15109. Administration

``(a) Meetings.--Each committee established under this
chapter shall, at least once

[[Page H4643]]

each year, meet at the call of the Secretary or a majority of
the members of the committee.
``(b) Employee Status.--A member of a committee established
under this chapter shall not be considered an employee of the
Federal Government by reason of service on such committee,
except for the purposes of the following:
``(1) Chapter 81 of title 5.
``(2) Chapter 171 of title 28 and any other Federal law
relating to tort liability.
``(c) Compensation.--Notwithstanding subsection (b), a
member of a committee established under this chapter, when
actually engaged in the performance of the duties of such
committee, may--
``(1) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5; or
``(2) if not compensated in accordance with paragraph (1)--
``(A) be reimbursed for actual and reasonable expenses
incurred in the performance of such duties; or
``(B) be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title
5.
``(d) Acceptance of Volunteer Services.--A member of a
committee established under this chapter may serve on such
committee on a voluntary basis without pay without regard to
section 1342 of title 31 or any other law.
``(e) Status of Members.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a member of a committee established under
this chapter whom the Secretary appoints to represent an
entity or group--
``(A) the member is authorized to represent the interests
of the applicable entity or group; and
``(B) requirements under Federal law that would interfere
with such representation and that apply to a special
Government employee (as defined in section 202(a) of title
18), including requirements relating to employee conduct,
political activities, ethics, conflicts of interest, and
corruption, do not apply to the member.
``(2) Exception.--Notwithstanding subsection (b), a member
of a committee established under this chapter shall be
treated as a special Government employee for purposes of the
committee service of the member if--
``(A) the Secretary appointed the member to represent the
general public; or
``(B) the member, without regard to service on the
committee, is a special Government employee.
``(f) Service on Committee.--
``(1) Solicitation of nominations.--Before appointing an
individual as a member of a committee established under this
chapter, the Secretary shall publish, in the Federal
Register, a timely notice soliciting nominations for
membership on such committee.
``(2) Appointments.--
``(A) In general.--After considering nominations received
pursuant to a notice published under paragraph (1), the
Secretary may, as necessary, appoint a member to the
applicable committee established under this chapter.
``(B) Prohibition.--The Secretary shall not seek, consider,
or otherwise use information concerning the political
affiliation of a nominee in making an appointment to any
committee established under this chapter.
``(3) Service at pleasure of the secretary.--
``(A) In general.--Each member of a committee established
under this chapter shall serve at the pleasure of the
Secretary.
``(B) Exception.--Notwithstanding subparagraph (A), a
member of the committee established under section 15102 may
only be removed prior to the end of the term of that member
for just cause.
``(4) Security background examinations.--The Secretary may
require an individual to have passed an appropriate security
background examination before appointment to a committee
established under this chapter.
``(5) Prohibition.--
``(A) In general.--Except as provided in subparagraph (B),
a Federal employee may not be appointed as a member of a
committee established under this chapter.
``(B) Special rule for national merchant marine personnel
advisory committee.--The Secretary may appoint a Federal
employee to serve as a member of the National Merchant Marine
Personnel Advisory Committee to represent the interests of
the United States Merchant Marine Academy and,
notwithstanding paragraphs (1) and (2), may do so without
soliciting, receiving, or considering nominations for such
appointment.
``(6) Terms.--
``(A) In general.--The term of each member of a committee
established under this chapter shall expire on December 31 of
the third full year after the effective date of the
appointment.
``(B) Continued service after term.--When the term of a
member of a committee established under this chapter ends,
the member, for a period not to exceed 1 year, may continue
to serve as a member until a successor is appointed.
``(7) Vacancies.--A vacancy on a committee established
under this chapter shall be filled in the same manner as the
original appointment.
``(8) Special rule for reappointments.--Notwithstanding
paragraphs (1) and (2), the Secretary may reappoint a member
of a committee established under this chapter for any term,
other than the first term of the member, without soliciting,
receiving, or considering nominations for such appointment.
``(g) Staff Services.--The Secretary shall furnish to each
committee established under this chapter any staff and
services considered by the Secretary to be necessary for the
conduct of the committee's functions.
``(h) Chairman; Vice Chairman.--
``(1) In general.--Each committee established under this
chapter shall elect a Chairman and Vice Chairman from among
the committee's members.
``(2) Vice chairman acting as chairman.--The Vice Chairman
shall act as Chairman in the absence or incapacity of, or in
the event of a vacancy in the office of, the Chairman.
``(i) Subcommittees and Working Groups.--
``(1) In general.--The Chairman of a committee established
under this chapter may establish and disestablish
subcommittees and working groups for any purpose consistent
with the function of the committee.
``(2) Participants.--Subject to conditions imposed by the
Chairman, members of a committee established under this
chapter and additional persons drawn from entities or groups
designated by this chapter to be represented on the committee
or the general public may be assigned to subcommittees and
working groups established under paragraph (1).
``(3) Chair.--Only committee members may chair
subcommittees and working groups established under paragraph
(1).
``(j) Consultation, Advice, Reports, and Recommendations.--
``(1) Consultation.--
``(A) In general.--Before taking any significant action,
the Secretary shall consult with, and consider the
information, advice, and recommendations of, a committee
established under this chapter if the function of the
committee is to advise the Secretary on matters related to
the significant action.
``(B) Inclusion.--For purposes of this paragraph,
regulations proposed under chapter 45 of this title are
significant actions.
``(2) Advice, reports, and recommendations.--Each committee
established under this chapter shall submit, in writing, to
the Secretary its advice, reports, and recommendations, in a
form and at a frequency determined appropriate by the
committee.
``(3) Explanation of actions taken.--Not later than 60 days
after the date on which the Secretary receives
recommendations from a committee under paragraph (2), the
Secretary shall--
``(A) publish the recommendations on a website accessible
at no charge to the public;
``(B) if the recommendations are from the committee
established under section 15102, establish a mechanism for
the submission of public comments on the recommendations; and
``(C) respond, in writing, to the committee regarding the
recommendations, including by providing an explanation of
actions taken regarding the recommendations.
``(4) Submission to congress.--
``(A) In general.--The Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate the advice, reports, and
recommendations received from committees under paragraph (2).
``(B) Additional submission.--With respect to a committee
established under section 70112 and to which this section
applies, the Secretary shall submit the advice, reports, and
recommendations received from the committee under paragraph
(2) to the Committee on Homeland Security of the House of
Representatives in addition to the committees specified in
subparagraph (A).
``(k) Observers.--Any Federal agency with matters under
such agency's administrative jurisdiction related to the
function of a committee established under this chapter may
designate a representative to--
``(1) attend any meeting of such committee; and
``(2) participate as an observer at meetings of such
committee that relate to such a matter.
``(l) Termination.--Each committee established under this
chapter shall terminate on September 30, 2027.''.
(b) Clerical Amendment.--The analysis for subtitle II of
title 46, United States Code, is amended by inserting after
the item relating to chapter 147 the following:

``Part K-National Maritime Transportation Advisory Committees

``151. National Maritime Transportation Advisory Committees15101''.....

(c) Conforming Amendments.--
(1) Commercial fishing safety advisory committee.--Section
4508 of title 46, United States Code, and the item relating
to that section in the analysis for chapter 45 of that title,
are repealed.
(2) Merchant mariner medical advisory committee.--Section
7115 of title 46, United States Code, and the item relating
to that section in the analysis for chapter 71 of that title,
are repealed.
(3) Merchant marine personnel advisory committee.--
(A) Repeal.--Section 8108 of title 46, United States Code,
and the item relating to that section in the analysis for
chapter 81 of that title, are repealed.
(B) Conforming amendment.--Section 7510(c)(1)(C) of title
46, United States Code, is amended by inserting ``National''
before ``Merchant Marine''.
(4) National boating safety advisory council.--

[[Page H4644]]

(A) Repeal.--Section 13110 of title 46, United States Code,
and the item relating to that section in the analysis for
chapter 131 of that title, are repealed.
(B) Conforming amendments.--
(i) Regulations.--Section 4302(c)(4) of title 46, United
States Code, is amended by striking ``Council established
under section 13110 of this title'' and inserting ``Committee
established under section 15105 of this title''.
(ii) Repair and replacement of defects.--Section 4310(f) of
title 46, United States Code, is amended by striking
``Advisory Council'' and inserting ``Advisory Committee''.
(5) Navigation safety advisory council.--Section 5 of the
Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is
repealed.
(6) Towing safety advisory committee.--
(A) Repeal.--Public Law 96-380 (33 U.S.C. 1231a) is
repealed.
(B) Conforming amendments.--
(i) Reduction of oil spills from single hull non-self-
propelled tank vessels.--Section 3719 of title 46, United
States Code, is amended by inserting ``National'' before
``Towing Safety''.
(ii) Safety equipment.--Section 4102(f)(1) of title 46,
United States Code, is amended by inserting ``National''
before ``Towing Safety''.
(d) Treatment of Existing Councils and Committees.--
Notwithstanding any other provision of law--
(1) an advisory council or committee substantially similar
to an advisory committee established under chapter 151 of
title 46, United States Code, as added by this division, and
that was in force or in effect on the day before the date of
enactment of this section, including a council or committee
the authority for which was repealed under subsection (c),
may remain in force or in effect for a period of 2 years from
the date of enactment of this section, including that the
charter, membership, and other aspects of the council or
committee may remain in force or in effect; and
(2) during the 2-year period referenced in paragraph (1)--
(A) requirements relating to the applicable advisory
committee established under chapter 151 of title 46, United
States Code, shall be treated as satisfied by the
substantially similar advisory council or committee; and
(B) the enactment of this section, including the amendments
made in this section, shall not be the basis--
(i) to deem, find, or declare such council or committee,
including the charter, membership, and other aspects thereof,
void, not in force, or not in effect;
(ii) to suspend the activities of such council or
committee; or
(iii) to bar the members of such council or committee from
meeting.

SEC. 602. MARITIME SECURITY ADVISORY COMMITTEES.

(a) In General.--Section 70112 of title 46, United States
Code, is amended to read as follows:

``Sec. 70112. Maritime Security Advisory Committees

``(a) National Maritime Security Advisory Committee.--
``(1) Establishment.--There is established a National
Maritime Security Advisory Committee (in this subsection
referred to as the `Committee').
``(2) Function.--The Committee shall advise the Secretary
on matters relating to national maritime security.
``(3) Membership.--
``(A) In general.--The Committee shall consist of at least
8 members, but not more than 21 members, appointed by the
Secretary in accordance with this subsection and section
15109 of this title.
``(B) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(C) Representation.--Each of the following shall be
represented by at least 1 member of the Committee:
``(i) Port authorities.
``(ii) Facilities owners and operators.
``(iii) Terminal owners and operators.
``(iv) Vessel owners and operators.
``(v) Maritime labor organizations.
``(vi) The academic community.
``(vii) State and local governments.
``(viii) The maritime industry.
``(D) Distribution.--If the Committee consists of at least
8 members who, together, satisfy the minimum representation
requirements of subparagraph (C), the Secretary shall, based
on the needs of the Coast Guard, determine the number of
additional members of the Committee who represent each entity
specified in that subparagraph. Neither this subparagraph nor
any other provision of law shall be construed to require an
equal distribution of members representing each entity
specified in subparagraph (C).
``(4) Administration.--For purposes of section 15109 of
this title, the Committee shall be treated as a committee
established under chapter 151 of such title.
``(b) Area Maritime Security Advisory Committees.--
``(1) In general.--
``(A) Establishment.--The Secretary may--
``(i) establish an Area Maritime Security Advisory
Committee for any port area of the United States; and
``(ii) request such a committee to review the proposed Area
Maritime Transportation Security Plan developed under section
70103(b) and make recommendations to the Secretary that the
committee considers appropriate.
``(B) Additional functions and meetings.--A committee
established under this subsection for an area--
``(i) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to
maritime security in that area;
``(ii) may make available to the Congress recommendations
that the committee makes to the Secretary; and
``(iii) shall meet at the call of--

``(I) the Secretary, who shall call such a meeting at least
once during each calendar year; or
``(II) a majority of the committee.

``(2) Membership.--
``(A) In general.--Each committee established under this
subsection shall consist of at least 7 members appointed by
the Secretary, each of whom has at least 5 years practical
experience in maritime security operations.
``(B) Terms.--The term of each member of a committee
established under this subsection shall be for a period of
not more than 5 years, specified by the Secretary.
``(C) Notice.--Before appointing an individual to a
position on a committee established under this subsection,
the Secretary shall publish a notice in the Federal Register
soliciting nominations for membership on the committee.
``(D) Background examinations.--The Secretary may require
an individual to have passed an appropriate security
background examination before appointment to a committee
established under this subsection.
``(E) Representation.--Each committee established under
this subsection shall be composed of individuals who
represent the interests of the port industry, terminal
operators, port labor organizations, and other users of the
port areas.
``(3) Chairperson and vice chairperson.--
``(A) In general.--Each committee established under this
subsection shall elect 1 of the committee's members as the
Chairperson and 1 of the committee's members as the Vice
Chairperson.
``(B) Vice chairperson acting as chairperson.--The Vice
Chairperson shall act as Chairperson in the absence or
incapacity of the Chairperson, or in the event of a vacancy
in the office of the Chairperson.
``(4) Observers.--
``(A) In general.--The Secretary shall, and the head of any
other interested Federal agency may, designate a
representative to participate as an observer with a committee
established under this subsection.
``(B) Role.--The Secretary's designated representative to a
committee established under this subsection shall act as the
executive secretary of the committee and shall perform the
duties set forth in section 10(c) of the Federal Advisory
Committee Act (5 U.S.C. App.).
``(5) Consideration of views.--The Secretary shall consider
the information, advice, and recommendations of each
committee established under this subsection in formulating
policy regarding matters affecting maritime security.
``(6) Compensation and expenses.--
``(A) In general.--A member of a committee established
under this subsection, when attending meetings of the
committee or when otherwise engaged in the business of the
committee, is entitled to receive--
``(i) compensation at a rate fixed by the Secretary, not
exceeding the daily equivalent of the current rate of basic
pay in effect for GS-15 of the General Schedule under section
5332 of title 5 including travel time; and
``(ii) travel or transportation expenses under section 5703
of title 5.
``(B) Status.--A member of a committee established under
this subsection shall not be considered to be an officer or
employee of the United States for any purpose based on the
receipt of any payment under this paragraph.
``(7) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to a committee established under this
subsection.''.
(b) Treatment of Existing Committee.--Notwithstanding any
other provision of law--
(1) an advisory committee substantially similar to the
National Maritime Security Advisory Committee established
under section 70112(a) of title 46, United States Code, as
amended by this section, and that was in force or in effect
on the day before the date of enactment of this section, may
remain in force or in effect for a period of 2 years from the
date of enactment of this section, including that the
charter, membership, and other aspects of the committee may
remain in force or in effect; and
(2) during the 2-year period referenced in paragraph (1)--
(A) requirements relating to the National Maritime Security
Advisory Committee established under section 70112(a) of
title 46, United States Code, as amended by this section,
shall be treated as satisfied by the substantially similar
advisory committee; and
(B) the enactment of this section, including the amendments
made in this section, shall not be the basis--
(i) to deem, find, or declare such committee, including the
charter, membership, and other aspects thereof, void, not in
force, or not in effect;
(ii) to suspend the activities of such committee; or
(iii) to bar the members of such committee from meeting.

[[Page H4645]]

TITLE VII--FEDERAL MARITIME COMMISSION

SEC. 701. SHORT TITLE.

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

SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

Section 308 of title 46, United States Code, is amended by
striking ``$24,700,000 for each of fiscal years 2016 and
2017'' and inserting ``$28,012,310 for fiscal year 2018 and
$28,544,543 for fiscal year 2019''.

SEC. 703. REPORTING ON IMPACT OF ALLIANCES ON COMPETITION.

Section 306 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) an analysis of the impacts on competition for the
purchase of certain covered services by alliances of ocean
common carriers acting pursuant to an agreement under this
part between or among ocean common carriers, including a
summary of actions, including corrective actions, taken by
the Commission to promote such competition.''; and
(2) by adding at the end the following:
``(c) Definition of Certain Covered Services.--In this
section, the term `certain covered services' has the meaning
given the term in section 40102.''.

SEC. 704. DEFINITION OF CERTAIN COVERED SERVICES.

Section 40102 of title 46, United States Code, is amended--
(1) by redesignating paragraphs (5) through (25) as
paragraphs (6) through (26), respectively; and
(2) by inserting after paragraph (4), the following:
``(5) Certain covered services.--For purposes of sections
41105 and 41307, the term `certain covered services' means,
with respect to a vessel--
``(A) the berthing or bunkering of the vessel;
``(B) the loading or unloading of cargo to or from the
vessel to or from a point on a wharf or terminal;
``(C) the positioning, removal, or replacement of buoys
related to the movement of the vessel; and
``(D) with respect to injunctive relief under section
41307, towing vessel services provided to such a vessel.''.

SEC. 705. REPORTS FILED WITH THE COMMISSION.

Section 40104(a) of title 46, United States Code, is
amended to read as follows:
``(a) Reports.--
``(1) In general.--The Federal Maritime Commission may
require a common carrier or marine terminal operator, or an
officer, receiver, trustee, lessee, agent, or employee of the
common carrier or marine terminal operator to file with the
Commission a periodical or special report, an account,
record, rate, or charge, or a memorandum of facts and
transactions related to the business of the common carrier or
marine terminal operator, as applicable.
``(2) Requirements.--Any report, account, record, rate,
charge, or memorandum required to be filed under paragraph
(1) shall--
``(A) be made under oath if the Commission requires; and
``(B) be filed in the form and within the time prescribed
by the Commission.
``(3) Limitation.--The Commission shall--
``(A) limit the scope of any filing ordered under this
section to fulfill the objective of the order; and
``(B) provide a reasonable period of time for respondents
to respond based upon their capabilities and the scope of the
order.''.

SEC. 706. PUBLIC PARTICIPATION.

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

SEC. 707. OCEAN TRANSPORTATION INTERMEDIARIES.

(a) License Requirement.--Section 40901(a) of title 46,
United States Code, is amended by inserting ``advertise, hold
oneself out, or'' after ``may not''.
(b) Applicability.--Section 40901 of title 46, United
States Code, is amended by adding at the end the following:
``(c) Applicability.--Subsection (a) and section 40902 do
not apply to a person that performs ocean transportation
intermediary services on behalf of an ocean transportation
intermediary for which it is a disclosed agent.''.
(c) Financial Responsibility.--Section 40902(a) of title
46, United States Code, is amended by inserting ``advertise,
hold oneself out, or'' after ``may not''.

SEC. 708. COMMON CARRIERS.

(a) Section 41104 of title 46, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by inserting
``(a) In General.--'' before ``A common carrier'';
(2) in subsection (a), as designated--
(A) by amending paragraph (11) to read as follows:
``(11) knowingly and willfully accept cargo from or
transport cargo for the account of a non-vessel-operating
common carrier that does not have a tariff as required by
section 40501 of this title, or an ocean transportation
intermediary that does not have a bond, insurance, or other
surety as required by section 40902 of this title;'';
(B) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(13) continue to participate simultaneously in a rate
discussion agreement and an agreement to share vessels, in
the same trade, if the interplay of the authorities exercised
by the specified agreements is likely, by a reduction in
competition, to produce an unreasonable reduction in
transportation service or an unreasonable increase in
transportation cost.''; and
(3) by adding at the end the following:
``(b) Rule of Construction.--Notwithstanding any other
provision of law, there is no private right of action to
enforce the prohibition under subsection (a)(13).
``(c) Agreement Violation.--Participants in an agreement
found by the Commission to violate subsection (a)(13) shall
have 90 days from the date of such Commission finding to
withdraw from the agreement as necessary to comply with that
subsection.''.
(b) Application.--Section 41104(a)(13) of title 46, United
States Code, as amended, shall apply to any agreement filed
or with an effective date before, on, or after the date of
enactment of this Act.

SEC. 709. NEGOTIATIONS.

(a) Concerted Action.--Section 41105 of title 46, United
States Code, is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (7) through (10), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) negotiate with a tug or towing vessel service
provider on any matter relating to rates or services provided
within the United States by those tugs or towing vessels;
``(6) with respect to a vessel operated by an ocean common
carrier within the United States, negotiate for the purchase
of certain covered services, unless the negotiations and any
resulting agreements are not in violation of the antitrust
laws and are consistent with the purposes of this part,
except that this paragraph does not prohibit the setting and
publishing of a joint through rate by a conference, joint
venture, or association of ocean common carriers;''.
(b) Authority.--Chapter 411 of title 46, United States
Code, is amended--
(1) by inserting after section 41105 the following:

``Sec. 41105A. Authority

``Nothing in section 41105, as amended by the Federal
Maritime Commission Authorization Act of 2017, shall be
construed to limit the authority of the Department of Justice
regarding antitrust matters.''; and
(2) in the analysis at the beginning of chapter 411, by
inserting after the item relating to section 41105 the
following:

``41105A. Authority.''.
(c) Exemption.--Section 40307(b)(1) of title 46, United
States Code, is amended by inserting ``tug operators,'' after
``motor carriers,''.

SEC. 710. INJUNCTIVE RELIEF SOUGHT BY THE COMMISSION.

(a) In General.--Section 41307(b) of title 46, United
States Code is amended--
(1) in paragraph (1) by inserting ``or to substantially
lessen competition in the purchasing of certain covered
services'' after ``transportation cost''; and
(2) by adding at the end the following:
``(4) Competition factors.--In making a determination under
this subsection regarding whether an agreement is likely to
substantially lessen competition in the purchasing of certain
covered services, the Commission may consider any relevant
competition factors in affected markets, including, without
limitation, the competitive effect of agreements other than
the agreement under review.''.
(b) Application.--Section 41307(b) of title 46, United
States Code, as amended, shall apply to any agreement filed
or with an effective date before, on, or after the date of
enactment of this Act.

SEC. 711. DISCUSSIONS.

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

``Sec. 303. Meetings

``(a) In General.--The Federal Maritime Commission shall be
deemed to be an agency for purposes of section 552b of title
5.
``(b) Record.--The Commission, through its secretary, shall
keep a record of its meetings and the votes taken on any
action,

[[Page H4646]]

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

``303. Meetings.''.

SEC. 712. TRANSPARENCY.

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

SEC. 713. STUDY OF BANKRUPTCY PREPARATION AND RESPONSE.

(a) Study.--The Comptroller General of the United States
shall conduct a study that examines the immediate aftermath
of a major ocean carrier bankruptcy and its impact through
the supply chain. The study shall consider any financial
mechanisms that could be used to mitigate the impact of any
future bankruptcy events on the supply chain.
(b) Report.--No later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the findings,
conclusions, and recommendations, if any, from the study
required under subsection (a).

SEC. 714. AGREEMENTS UNAFFECTED.

Nothing in this division may be construed--
(1) to limit or amend the definition of ``agreement'' in
section 40102(1) of title 46, United States Code, with
respect to the exclusion of maritime labor agreements; or
(2) to apply to a maritime labor agreement (as defined in
section 40102(15) of that title).

TITLE VIII--MISCELLANEOUS

SEC. 801. REPEAL OF OBSOLETE REPORTING REQUIREMENT.

Subsection (h) of section 888 of the Homeland Security Act
of 2002 (6 U.S.C. 468) is repealed.

SEC. 802. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
AUTHORIZATION ACTS.

Section 604(b) of the Howard Coble Coast Guard and Maritime
Transportation Act of 2014 (Public Law 113-281; 128 Stat.
3061) is amended by inserting ``and fishery endorsement''
after ``endorsement''.

SEC. 803. OFFICER EVALUATION REPORT.

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

SEC. 804. EXTENSION OF AUTHORITY.

Section 404 of the Coast Guard Authorization Act of 2010
(Public Law 111-281; 124 Stat. 2950) is amended--
(1) in subsection (a), in the text preceding paragraph (1),
by striking ``sections 3304, 5333, and 5753'' and inserting
``section 3304''; and
(2) by striking subsection (b), and redesignating
subsection (c) as subsection (b).

SEC. 805. COAST GUARD ROTC PROGRAM.

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

SEC. 806. CURRENCY DETECTION CANINE TEAM PROGRAM.

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

[[Page H4647]]

SEC. 807. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL
SEARCH AND RESPONSE.

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

SEC. 808. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH
AND RESCUE COORDINATION.

Not later than 180 days after the date of the enactment of
this Act--
(1) the Secretary of the department in which the Coast
Guard is operating acting through the Commandant of the Coast
Guard shall review Coast Guard policies and procedures for
public safety answering points and search-and-rescue
coordination with State and local law enforcement entities in
order to--
(A) further minimize the possibility of maritime 911 calls
being improperly routed; and
(B) assure the Coast Guard is able to effectively carry out
the Coast Guard's maritime search and rescue mission; and
(2) the Commandant shall--
(A) formulate a national maritime public safety answering
points policy; and
(B) submit a report to the Congress on such assessment and
policy, which shall include an update to the report submitted
in accordance with section 233 of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014.

SEC. 809. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL.

Effective January 1, 2021, section 27 of the Coast Guard
Authorization Act of 1991 (Public Law 102-241; 105 Stat.
2218) is repealed.

SEC. 810. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.

(a) Land Exchange; Ayakulik Island, Alaska.--If the owner
of Ayakulik Island, Alaska, offers to exchange the Island for
the Tract--
(1) within 10 days after receiving such offer, the
Secretary shall provide notice of the offer to the
Commandant;
(2) within 90 days after receiving the notice under
paragraph (1), the Commandant shall develop and transmit to
the Secretary proposed operational restrictions on commercial
activity conducted on the Tract, including the right of the
Commandant to--
(A) order the immediate termination, for a period of up to
72 hours, of any activity occurring on or from the Tract that
violates or threatens to violate one or more of such
restrictions; or
(B) commence a civil action for appropriate relief,
including a permanent or temporary injunction enjoining the
activity that violates or threatens to violate such
restrictions;
(3) within 90 days after receiving the proposed operational
restrictions from the Commandant, the Secretary shall
transmit such restrictions to the owner of Ayakulik Island;
and
(4) within 30 days after transmitting the proposed
operational restrictions to the owner of Ayakulik Island, and
if the owner agrees to such restrictions, the Secretary shall
convey all right, title, and interest of the United States in
and to the Tract to the owner, subject to an easement granted
to the Commandant to enforce such restrictions, in exchange
for all right, title, and interest of such owner in and to
Ayakulik Island.
(b) Boundary Revisions.--The Secretary may make technical
and conforming revisions to the boundaries of the Tract
before the date of the exchange.
(c) Public Land Order.--Effective on the date of an
exchange under subsection (a), Public Land Order 5550 shall
have no force or effect with respect to submerged lands that
are part of the Tract.
(d) Failure to Timely Respond to Notice.--If the Commandant
does not transmit proposed operational restrictions to the
Secretary within 30 days after receiving the notice under
subsection (a)(1), the Secretary shall, by not later than 60
days after transmitting such notice, convey all right, title,
and interest of the United States in and to the Tract to the
owner of Ayakulik Island in exchange for all right, title,
and interest of such owner in and to Ayakulik Island.
(e) CERCLA Not Affected.--This section and an exchange
under this section shall not be construed to limit the
application of or otherwise affect section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
(f) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Secretary of the department in which the Coast Guard is
operating, acting through the Commandant of the Coast Guard.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tract.--The term ``Tract'' means the land (including
submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE
AREA'' on the survey titled ``PROPOSED PROPERTY EXCHANGE
PARCEL'' and dated 3/22/17.

SEC. 811. USE OF TRACT 43.

Section 524(e)(2) of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120), as amended by
section 3533 of the Pribilof Island Transition Completion
Amendments Act of 2016 (subtitle B of title XXXV of Public
Law 114-328), is amended by--
(1) striking ``each month'' and inserting ``each April and
October''; and
(2) striking ``previous month'' and inserting ``previous
six months''.

SEC. 812. COAST GUARD MARITIME DOMAIN AWARENESS.

(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Sciences not later
than 60 days after the date of the enactment of this Act
under which the Academy shall prepare an assessment of
available unmanned, autonomous, or remotely controlled
maritime domain awareness technologies for use by the Coast
Guard.
(b) Assessment.--The assessment shall--
(1) describe the potential limitations of current and
emerging unmanned technologies used in the maritime domain
for--
(A) ocean observation;
(B) vessel monitoring and identification;
(C) weather observation;
(D) to the extent practicable for consideration by the
Academy, intelligence gathering, surveillance, and
reconnaissance; and
(E) communications;
(2) examine how technologies described in paragraph (1) can
help prioritize Federal investment by examining;
(A) affordability, including acquisition, operations, and
maintenance;
(B) reliability;
(C) versatility;
(D) efficiency; and
(E) estimated service life and persistence of effort; and
(3) analyze whether the use of new and emerging maritime
domain awareness technologies can be used to--
(A) carry out Coast Guard missions at lower costs;
(B) expand the scope and range of Coast Guard maritime
domain awareness;
(C) allow the Coast Guard to more efficiently and
effectively allocate Coast Guard vessels, aircraft, and
personnel; and
(D) identify adjustments that would be necessary in Coast
Guard policies, procedures, and protocols to incorporate
unmanned technologies to enhance efficiency.
(c) Report to Congress.--Not later than 1 year after
entering into an arrangement with the Secretary under
subsection (a), the National Academy of Sciences shall submit
the assessment prepared under this section to the Committees
on Transportation and Infrastructure and Homeland Security of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(d) Use of Information.--In formulating costs pursuant to
subsection (b), the National Academy of Sciences may utilize
information from other Coast Guard reports, assessments, or
analyses regarding existing Coast Guard manpower requirements
or other reports, assessments, or analyses for the
acquisition of unmanned, autonomous, or remotely controlled
technologies by the Federal Government.

SEC. 813. MONITORING.

(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall conduct a 1-year pilot
program to determine the impact of persistent use of
different types of surveillance systems on illegal maritime
activities, including illegal, unreported, and unregulated
fishing, in the Western Pacific region.
(b) Requirements.--The pilot program shall--

[[Page H4648]]

(1) consider the use of light aircraft-based detection
systems that can identify potential illegal activity from
high altitudes and produce enforcement-quality evidence at
low altitudes; and
(2) be directed at detecting and deterring illegal maritime
activities, including illegal, unreported, and unregulated
fishing, and enhancing maritime domain awareness.

SEC. 814. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION COSTS
OF CERTAIN AIDS TO NAVIGATION.

(a) In General.--Subject to the availability of amounts
specifically provided in advance in subsequent appropriations
Acts and in accordance with this section, the Commandant of
the Coast Guard may reimburse a non-Federal entity for costs
incurred by the entity for a covered project.
(b) Conditions.--The Commandant may not provide
reimbursement under subsection (a) with respect to a covered
project unless--
(1) the need for the project is a result of the completion
of construction with respect to a federally authorized
navigation channel;
(2) the Commandant determines, through an appropriate
navigation safety analysis, that the project is necessary to
ensure safe marine transportation;
(3) the Commandant approves the design of the project to
ensure that it meets all applicable Coast Guard aids-to-
navigation standards and requirements;
(4) the non-Federal entity agrees to transfer the project
upon completion to the Coast Guard for operation and
maintenance by the Coast Guard as a Federal aid to
navigation;
(5) the non-Federal entity carries out the project in
accordance with the same laws and regulations that would
apply to the Coast Guard if the Coast Guard carried out the
project, including obtaining all permits required for the
project under Federal and State law; and
(6) the Commandant determines that the project satisfies
such additional requirements as may be established by the
Commandant.
(c) Limitations.--Reimbursements under subsection (a) may
not exceed the following:
(1) For a single covered project, $5,000,000.
(2) For all covered projects in a single fiscal year,
$5,000,000.
(d) Expiration.--The authority granted under this section
shall expire on the date that is 4 years after the date of
enactment of this section.
(e) Covered Project Defined.--In this section, the term
``covered project'' means a project carried out--
(1) by a non-Federal entity to construct and establish an
aid to navigation that facilitates safe and efficient marine
transportation on a Federal navigation project authorized by
title I of the Water Resources Development Act of 2007
(Public Law 110-114); and
(2) in an area that was affected by Hurricane Harvey.

SEC. 815. TOWING SAFETY MANAGEMENT SYSTEM FEES.

(a) Review.--The Commandant of the Coast Guard shall--
(1) review and compare the costs to the Government of--
(A) towing vessel inspections performed by the Coast Guard;
and
(B) such inspections performed by a third party; and
(2) based on such review and comparison, determine whether
the costs to the Government of such inspections performed by
a third party are different than the costs to the Government
of such inspections performed by the Coast Guard.
(b) Revision of Fees.--If the Commandant determines under
subsection (a) that the costs to the Government of such
inspections performed by a third party are different than the
costs to the Government of such inspections performed by the
Coast Guard, then the Commandant shall revise the fee
assessed by the Coast Guard for such inspections as necessary
to conform to the requirements under section 9701 of title
31, United States Code, that such fee be based on the cost to
the Government of such inspections and accurately reflect
such costs.

SEC. 816. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.

Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C.
2712) is amended--
(1) by repealing subsection (g);
(2) in subsection (l)(1), by striking ``Within one year
after the date of enactment of the Coast Guard Authorization
Act of 2010, and annually thereafter,'' and inserting ``Each
year, on the date on which the President submits to Congress
a budget under section 1105 of title 31, United States
Code,''; and
(3) by amending subsection (l)(2) to read as follows:
``(2) Contents.--The report shall include--
``(A) a list of each incident that--
``(i) occurred in the preceding fiscal year; and
``(ii) resulted in disbursements from the Fund, for removal
costs and damages, totaling $500,000 or more;
``(B) a list of each incident that--
``(i) occurred in the fiscal year preceding the preceding
fiscal year; and
``(ii) resulted in disbursements from the Fund, for removal
costs and damages, totaling $500,000 or more; and
``(C) an accounting of any amounts reimbursed to the Fund
in the preceding fiscal year that were recovered from a
responsible party for an incident that resulted in
disbursements from the Fund, for removal costs and damages,
totaling $500,000 or more.''.

SEC. 817. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY.

(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating, in consultation with
interested Federal and non-Federal stakeholders, shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
including--
(1) an assessment of Coast Guard at-sea operational fleet
requirements to support its statutory missions established in
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
(2) a strategic plan for meeting the requirements
identified under paragraph (1).
(b) Contents.--The report under subsection (a) shall
include--
(1) an assessment of--
(A) the extent to which the Coast Guard at-sea operational
fleet requirements referred to in subsection (a)(1) are
currently being met;
(B) the Coast Guard's current fleet, its operational
lifespan, and how the anticipated changes in the age and
distribution of vessels in the fleet will impact the ability
to meet at-sea operational requirements;
(C) fleet operations and recommended improvements to
minimize costs and extend operational vessel life spans; and
(D) the number of Fast Response Cutters, Offshore Patrol
Cutters, and National Security Cutters needed to meet at-sea
operational requirements as compared to planned acquisitions
under the current programs of record;
(2) an analysis of--
(A) how the Coast Guard at-sea operational fleet
requirements are currently met, including the use of the
Coast Guard's current cutter fleet, agreements with partners,
chartered vessels, and unmanned vehicle technology; and
(B) whether existing and planned cutter programs of record
(including the Fast Response Cutter, Offshore Patrol Cutter,
and National Security Cutter) will enable the Coast Guard to
meet at-sea operational requirements; and
(3) a description of--
(A) planned manned and unmanned vessel acquisition; and
(B) how such acquisitions will change the extent to which
the Coast Guard at-sea operational requirements are met.
(c) Consultation and Transparency.--
(1) Consultation.--In consulting with the Federal and non-
Federal stakeholders under subsection (a), the Secretary of
the department in which the Coast Guard is operating shall--
(A) provide the stakeholders with opportunities for input--
(i) prior to initially drafting the report, including the
assessment and strategic plan; and
(ii) not later than 3 months prior to finalizing the
report, including the assessment and strategic plan, for
submission; and
(B) document the input and its disposition in the report.
(2) Transparency.--All input provided under paragraph (1)
shall be made available to the public.
(d) Ensuring Maritime Coverage.--In order to meet Coast
Guard mission requirements for search and rescue, ports,
waterways, and coastal security, and maritime environmental
response during recapitalization of Coast Guard vessels, the
Coast Guard shall ensure continuity of the coverage, to the
maximum extent practicable, in the locations that may lose
assets.

SEC. 818. NATIONAL SECURITY CUTTER.

(a) Standard Method for Tracking.--The Commandant of the
Coast Guard may not certify an eighth National Security
Cutter as Ready for Operations before the date on which the
Commandant provides to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
(1) a notification of a new standard method for tracking
operational employment of Coast Guard major cutters that does
not include time during which such a cutter is away from its
homeport for maintenance or repair; and
(2) a report analyzing cost and performance for different
approaches to achieving varied levels of operational
employment using the standard method required by paragraph
(1) that, at a minimum--
(A) compares over a 30-year period the average annualized
baseline cost and performances for a certified National
Security Cutter that operated for 185 days away from homeport
or an equivalent alternative measure of operational tempo--
(i) against the cost of a 15 percent increase in days away
from homeport or an equivalent alternative measure of
operational tempo for a National Security Cutter; and
(ii) against the cost of the acquisition and operation of
an additional National Security Cutter; and
(B) examines the optimal level of operational employment of
National Security Cutters to balance National Security Cutter
cost and mission performance.
(b) Conforming Amendments.--
(1) Section 221(b) of the Coast Guard and Maritime
Transportation Act of 2012 (126 Stat. 1560) is repealed.
(2) Section 204(c)(1) of the Coast Guard Authorization Act
of 2016 (130 Stat. 35) is repealed.

[[Page H4649]]

SEC. 819. ACQUISITION PLAN FOR INLAND WATERWAY AND RIVER
TENDERS AND BAY-CLASS ICEBREAKERS.

(a) Acquisition Plan.--Not later than 270 days after the
date of the enactment of this Act, the Commandant of the
Coast Guard shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a plan to replace or extend the life of the
Coast Guard fleet of inland waterway and river tenders, and
the Bay-class icebreakers.
(b) Contents.--The plan under subsection (a) shall
include--
(1) an analysis of the work required to extend the life of
vessels described in subsection (a);
(2) recommendations for which, if any, such vessels it is
cost effective to undertake a ship-life extension or enhanced
maintenance program;
(3) an analysis of the aids to navigation program to
determine if advances in navigation technology may reduce the
needs for physical aids to navigation;
(4) recommendations for changes to physical aids to
navigation and the distribution of such aids that reduce the
need for the acquisition of vessels to replace the vessels
described in subsection (a);
(5) a schedule for the acquisition of vessels to replace
the vessels described in subsection (a), including the date
on which the first vessel will be delivered;
(6) the date such acquisition will be complete;
(7) a description of the order and location of replacement
vessels;
(8) an estimate of the cost per vessel and of the total
cost of the acquisition program of record; and
(9) an analysis of whether existing vessels can be used.

SEC. 820. GREAT LAKES ICEBREAKER ACQUISITION.

(a) Icebreaking on the Great Lakes.--For fiscal years 2018
and 2019, the Commandant of the Coast Guard may use funds
made available pursuant to section 4902 of title 14, United
States Code, as amended by this division, for the
construction of an icebreaker that is at least as capable as
the Coast Guard Cutter Mackinaw to enhance icebreaking
capacity on the Great Lakes.
(b) Acquisition Plan.--Not later than 45 days after the
date of enactment of this Act, the Commandant shall submit a
plan to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives for acquiring an icebreaker described in
subsections (a) and (b). Such plan shall include--
(1) the details and schedule of the acquisition activities
to be completed; and
(2) a description of how the funding for Coast Guard
acquisition, construction, and improvements that was
appropriated under the Consolidated Appropriations Act, 2017
(Public Law 115-31) will be allocated to support the
acquisition activities referred to in paragraph (1).

SEC. 821. POLAR ICEBREAKERS.

(a) Enhanced Maintenance Program for the Polar Star.--
(1) In general.--Subject to the availability of
appropriations, the Commandant of the Coast Guard shall
conduct an enhanced maintenance program on Coast Guard Cutter
Polar Star (WAGB-10) to extend the service life of such
vessel until at least December 31, 2025.
(2) Requirement for report.--Not later than 180 days after
the date of the enactment of the Coast Guard Authorization
Act of 2017, the Secretary of the department in which the
Coast Guard is operating, in consultation with Naval Sea
Systems Command, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a detailed report describing a plan to extend
the service life of the Coast Guard Cutter Polar Star (WAGB-
10) until at least December 31, 2025, through an enhanced
maintenance program.
(3) Content.--The report required by paragraph (2) shall
include the following:
(A) An assessment and discussion of the enhanced
maintenance program recommended by the National Academies of
Sciences, Engineering, and Medicine's Committee on Polar
Icebreaker Cost Assessment in the letter report ``Acquisition
and Operation of Polar Icebreakers: Fulfilling the Nation's
Needs''.
(B) An assessment and discussion of the Government
Accountability Office's concerns and recommendations
regarding service life extension work on Coast Guard Cutter
Polar Star (WAGB-10) in the report ``Status of the Coast
Guard's Polar Icebreaking Fleet Capability and
Recapitalization Plan''.
(C) Based upon a materiel condition assessment of the Coast
Guard Cutter Polar Star (WAGB-10)--
(i) a description of the service life extension needs of
the vessel;
(ii) detailed information regarding planned shipyard work
for each fiscal year to meet such needs; and
(iii) an estimate of the amount needed to be appropriated
to complete the enhanced maintenance program.
(D) A plan to ensure the vessel will maintain seasonally
operational status during the enhanced maintenance program.
(4) Authorization of appropriations.--The Commandant of the
Coast Guard may use funds made available pursuant to section
4902 of title 14, United States Code, as amended by section
202 of this division, for the enhanced maintenance program
described in the report required by subsection (a).
(b) Overdue Report.--Upon the date of enactment of the
Coast Guard Authorization Act of 2017, the Secretary of the
department in which the Coast Guard is operating shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the polar
icebreaker recapitalization plan required under section 3523
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328).
(c) Coast Guard and Maritime Transportation Act of 2012;
Amendment.--Section 222 of the Coast Guard and Maritime
Transportation Act of 2012 (Public Law 112-213), as amended,
is further amended as follows:
(1) by striking subsections (a) through (d);
(2) by redesignating subsections (e) through (g) as
subsections (a) through (c), respectively;
(3) in subsection (a), as redesignated--
(A) in the matter preceding paragraph (1), by striking
``Except as provided in subsection (c), the Commandant'' and
inserting ``The Commandant'';
(B) in paragraph (1) by striking ``Polar Sea or'';
(C) in paragraph (2) by striking ``either of the vessels''
and inserting ``the Polar Star or the Polar Sea''; and
(D) in paragraph (3) by striking ``either of the vessels''
each place it appears and inserting ``the Polar Star''.

SEC. 822. STRATEGIC ASSETS IN THE ARCTIC.

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

SEC. 823. ARCTIC PLANNING CRITERIA.

(a) Alternative Planning Criteria.--
(1) In general.--For purposes of the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast
Guard may approve a vessel response plan under section 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1321) for
a vessel operating in any area covered by the Captain of the
Port Zone (as established by the Commandant) that includes
the Arctic, if the Commandant verifies that--
(A) equipment required to be available for response under
the plan has been tested and

[[Page H4650]]

proven capable of operating in the environmental conditions
expected in the area in which it is intended to be operated;
and
(B) the operators of such equipment have conducted training
on the equipment within the area covered by such Captain of
the Port Zone.
(2) Post-approval requirements.--In approving a vessel
response plan under paragraph (1), the Commandant shall--
(A) require that the oil spill removal organization
identified in the vessel response plan conduct regular
exercises and drills of the plan in the area covered by the
Captain of the Port Zone that includes the Arctic; and
(B) allow such oil spill removal organization to take
credit for a response to an actual spill or release in the
area covered by such Captain of the Port Zone, instead of
conducting an exercise or drill required under subparagraph
(A), if the oil spill removal organization--
(i) documents which exercise or drill requirements were met
during the response; and
(ii) submits a request for credit to, and receives approval
from, the Commandant.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the oil spill prevention and
response capabilities for the area covered by the Captain of
the Port Zone (as established by the Commandant) that
includes the Arctic.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) A description of equipment and assets available for
response under the vessel response plans approved for vessels
operating in the area covered by the Captain of the Port
Zone, including details on any providers of such equipment
and assets.
(B) A description of the location of such equipment and
assets, including an estimate of the time to deploy the
equipment and assets.
(C) A determination of how effectively such equipment and
assets are distributed throughout the area covered by the
Captain of the Port Zone.
(D) A statement regarding whether the ability to maintain
and deploy such equipment and assets is taken into account
when measuring the equipment and assets available throughout
the area covered by the Captain of the Port Zone.
(E) A validation of the port assessment visit process and
response resource inventory for response under the vessel
response plans approved for vessels operating in the area
covered by the Captain of the Port Zone.
(F) A determination of the compliance rate with Federal
vessel response plan regulations in the area covered by the
Captain of the Port Zone during the previous 3 years.
(G) A description of the resources needed throughout the
area covered by the Captain of the Port Zone to conduct port
assessments, exercises, response plan reviews, and spill
responses.
(c) Definition of Arctic.--In this section, the term
``Arctic'' has the meaning given the term under section 112
of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111).

SEC. 824. VESSEL RESPONSE PLAN AUDIT.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall complete and submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a comprehensive review of the processes
and resources used by the Coast Guard to implement vessel
response plan requirements under section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321).
(b) Required Elements of Review.--The review required under
subsection (a) shall, at a minimum, include--
(1) a study, or an audit if appropriate, of the processes
the Coast Guard uses--
(A) to approve the vessel response plans referred to in
subsection (a);
(B) to approve alternate planning criteria used in lieu of
National Planning Criteria in approving such plans;
(C) to verify compliance with such plans; and
(D) to act in the event of a failure to comply with the
requirements of such plans;
(2) an examination of all Federal and State agency
resources used by the Coast Guard in carrying out the
processes identified under paragraph (1), including--
(A) the current staffing model and organization;
(B) data, software, simulators, systems, or other
technology, including those pertaining to weather, oil spill
trajectory modeling, and risk management;
(C) the total amount of time per fiscal year expended by
Coast Guard personnel to approve and verify compliance with
vessel response plans; and
(D) the average amount of time expended by the Coast Guard
for approval of, and verification of compliance with, a
single vessel response plan;
(3) an analysis of how, including by what means or methods,
the processes identified under paragraph (1)--
(A) ensure compliance with applicable law;
(B) are implemented by the Coast Guard, including at the
district and sector levels;
(C) are informed by public comment and engagement with
States, Indian Tribes, and other regional stakeholders;
(D) ensure availability and adequate operational capability
and capacity of required assets and equipment, including in
cases in which contractual obligations may limit the
availability of such assets and equipment for response;
(E) provide for adequate asset and equipment mobilization
time requirements, particularly with respect to--
(i) calculation and establishment of such requirements;
(ii) verifying compliance with such requirements; and
(iii) factoring in weather, including specific regional
adverse weather as defined in section 155.1020 of title 33,
Code of Federal Regulations, in calculating, establishing,
and verifying compliance with such requirements;
(F) ensure response plan updates and vessel compliance when
changes occur in response planning criteria, asset and
equipment mobilization times, or regional response needs,
such as trends in transportation of high gravity oils or
changes in vessel traffic volume; and
(G) enable effective action by the Coast Guard in the event
of a failure to comply with response plan requirements;
(4) a determination regarding whether asset and equipment
mobilization time requirements under approved vessel response
plans can be met by the vessels to which they apply; and
(5) recommendations for improving the processes identified
under paragraph (1), including recommendations regarding the
sufficiency of Coast Guard resources dedicated to those
processes.

SEC. 825. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED
STATES FOR CERTAIN PURPOSES.

For purposes of the application of subtitle II of title 46,
United States Code, to the Volunteer (Hull Number CCA4108),
the Illinois and Michigan Canal is deemed to not be navigable
waters of the United States.

SEC. 826. DOCUMENTATION OF RECREATIONAL VESSELS.

Coast Guard personnel performing nonrecreational vessel
documentation functions under subchapter II of chapter 121 of
title 46, United States Code, may perform recreational vessel
documentation under section 12114 of such title in any fiscal
year in which--
(1) funds available for Coast Guard operating expenses may
not be used for expenses incurred for recreational vessel
documentation;
(2) fees collected from owners of yachts and credited to
such use are insufficient to pay expenses of recreational
vessel documentation; and
(3) there is a backlog of applications for recreational
vessel documentation.

SEC. 827. EQUIPMENT REQUIREMENTS; EXEMPTION FROM THROWABLE
PERSONAL FLOTATION DEVICES REQUIREMENT.

Not later than one year after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall--
(1) prescribe regulations in part 160 of title 46, Code of
Federal Regulations, that treat a marine throw bag, as that
term is commonly used in the commercial whitewater rafting
industry, as a type of lifesaving equipment; and
(2) revise section 175.17 of title 33, Code of Federal
Regulations, to exempt rafts that are 16 feet or more overall
in length from the requirement to carry an additional
throwable personal flotation device when such a marine throw
bag is onboard and accessible.

SEC. 828. VISUAL DISTRESS SIGNALS AND ALTERNATIVE USE.

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

SEC. 829. RADAR REFRESHER TRAINING.

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

SEC. 830. COMMERCIAL FISHING VESSEL SAFETY NATIONAL
COMMUNICATIONS PLAN.

(a) Requirement for Plan.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall
develop and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of

[[Page H4651]]

Representatives a national communications plan for the
purposes of--
(1) disseminating information to the commercial fishing
vessel industry;
(2) conducting outreach with the commercial fishing vessel
industry;
(3) facilitating interaction with the commercial fishing
vessel industry; and
(4) releasing information collected under section 15102 of
title 46, United States Code, as added by this division, to
the commercial fishing vessel industry.
(b) Content.--The plan required by subsection (a), and each
annual update, shall--
(1) identify staff, resources, and systems available to the
Secretary to ensure the widest dissemination of information
to the commercial fishing vessel industry;
(2) include a means to document all communication and
outreach conducted with the commercial fishing vessel
industry; and
(3) include a mechanism to measure effectiveness of such
plan.
(c) Implementation.--Not later than one year after
submission of the initial plan, the Secretary of the
department in which the Coast Guard is operating shall
implement the plan and shall at a minimum--
(1) leverage Coast Guard staff, resources, and systems
available;
(2) monitor implementation nationwide to ensure adherence
to plan contents;
(3) allow each Captain of the Port to adopt the most
effective strategy and means to communicate with commercial
fishing vessel industry in that Captain of the Port Zone;
(4) document communication and outreach; and
(5) solicit feedback from the commercial fishing vessel
industry.
(d) Report and Updates.--The Secretary of the department in
which the Coast Guard is operating shall--
(1) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the effectiveness of the plan to
date and any updates to ensure maximum impact of the plan one
year after the date of enactment of this Act, and every 4
years thereafter; and
(2) include in such report input from individual Captains
of the Port and any feedback received from the commercial
fishing vessel industry.

SEC. 831. AUTHORIZATION FOR MARINE DEBRIS PROGRAM.

The Marine Debris Research, Prevention, and Reduction Act
is amended--
(1) in section 9 (33 U.S.C. 1958)--
(A) by striking the em-dash and all that follows through
``(1)''; and
(B) by striking ``; and'' and all that follows through the
end of the section and inserting a period; and
(2) by adding at the end the following:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

``Of the amounts authorized for each fiscal year under
section 4902 of title 14, United States Code, up to
$2,000,000 are authorized for the Commandant to carry out
section 4 of this Act, of which not more than 10 percent may
be used for administrative costs.''.

SEC. 832. ATLANTIC COAST PORT ACCESS ROUTE STUDY
RECOMMENDATIONS.

Not later than 30 days after the date of the enactment of
the Act, the Commandant of the Coast Guard shall notify the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate of action taken to carry out
the recommendations contained in the final report issued by
the Atlantic Coast Port Access Route Study (ACPARS) workgroup
for which notice of availability was published March 14, 2016
(81 Fed. Reg. 13307).

SEC. 833. DRAWBRIDGES.

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

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

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

SEC. 834. WAIVER.

Section 8902 of title 46, United States Code, shall not
apply to the chain ferry DIANE (United States official number
CG002692) when such vessel is operating on the Kalamazoo
River in Saugatuck, Michigan.

SEC. 835. VESSEL WAIVER.

(a) In General.--Upon enactment of this Act and
notwithstanding sections (a)(2)(A) and 12113(a)(2) of title
46, United States Code, the Secretary shall issue a
certificate of documentation with coastwise and fishery
endorsements to the certificated vessel.
(b) Replacement Vessel.--The certificated vessel shall
qualify and not be precluded from operating as an Amendment
80 replacement vessel under the provisions of part 679 of
title 50, Code of Federal Regulations.
(c) Coast Guard Review and Determination.--
(1) Review.--Not later than 30 days after the date of
enactment of this section, the Secretary shall conduct and
complete a review of the use of certain foreign fabricated
steel components in the hull or superstructure of the
certificated vessel.
(2) Determination.--Based on the review conducted under
paragraph (1), the Secretary shall determine whether the
shipyard that constructed the certificated vessel or the
purchaser of the certificated vessel knew before such
components were procured or installed that the use of such
components would violate requirements under sections
12112(a)(2)(A) and 12113(a)(2) of title 46, United States
Code.
(3) Revocation.--If the Secretary determines under
paragraph (2) that the shipyard that constructed the
certificated vessel or the purchaser of the certificated
vessel knew before such components were procured or installed
that the use of such components would violate requirements
under sections 12112(a)(2)(A) and 12113(a)(2) of title 46,
United States Code, the Secretary shall immediately revoke
the certificate of documentation issued under subsection (a).
(4) Use of documents.--In conducting the review required
under paragraph (1), the Secretary may request and review any
information, correspondence, or documents related to the
construction of the certificated vessel, including from the
shipyard that constructed the certificated vessel and the
purchaser of the certificated vessel.
(d) Termination.--If the contract for purchase of the
certificated vessel that is in effect on the date of the
enactment of this Act is terminated, the purchasing party to
that contract shall be prohibited from entering into a
subsequent contract or agreement for purchase of such vessel.

[[Page H4652]]

(e) Definition.--In this section--
(1) the term ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard; and
(2) the term ``certificated vessel'' means the vessel
America's Finest (United States official number 1276760).

SEC. 836. TEMPORARY LIMITATIONS.

(a) Limitations.--
(1) In general.--Upon the Coast Guard issuing a certificate
of documentation with coastwise and fishery endorsements for
the vessel ``AMERICA'S FINEST'' (United States official
number 1276760), and subject to subsection (b), the vessels
described in paragraph (2) shall not collectively exceed--
(A) the percentage of the harvest available in any Gulf of
Alaska groundfish fisheries (other than fisheries subject to
a limited access privilege program created by the North
Pacific Fishery Management Council) that is equivalent to the
total harvest by the vessels described in paragraph (2) in
those fisheries in the calendar years that a vessel described
in paragraph (2) had harvest from 2012 through 2017 relative
to the total allowable catch available to such vessels in the
calendar years 2012 through 2017; or
(B) the percentage of processing of deliveries from other
vessels in any Bering Sea, Aleutian Islands, and Gulf of
Alaska groundfish fisheries (including fisheries subject to a
limited access privilege program created by the North Pacific
Fishery Management Council, or community development quotas
as described in section 305(i) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1855(i)))
that is equivalent to the total processing of such deliveries
by the vessels described in paragraph (2) in those fisheries
in the calendar years 2012 through 2017 relative to the total
allowable catch available in the calendar years 2012 through
2017.
(2) Applicable vessels.--The limitations described in
paragraph (1) shall apply, in the aggregate, to--
(A) the vessel AMERICA'S FINEST (United States official
number 1276760);
(B) the vessel US INTREPID (United States official number
604439);
(C) the vessel AMERICAN NO. 1 (United States official
number 610654);
(D) any replacement of a vessel described in subparagraph
(A), (B), or (C); and
(E) any vessel assigned license number LLG3217 under the
license limitation program under part 679 of title 50, Code
of Federal Regulations.
(b) Expiration.--The limitations described in subsection
(a) shall apply to a groundfish species in Bering Sea,
Aleutian Islands, and Gulf of Alaska only until the earlier
of--
(1) the end of the 6-year period beginning on the date of
enactment of this Act; or
(2) the date on which the Secretary of Commerce issues a
final rule, based on recommendations developed by the North
Pacific Fishery Management Council consistent with the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), that limits processing deliveries of
that groundfish species from other vessels in any Bering Sea,
Aleutian Islands, and Gulf of Alaska groundfish fisheries
that are not subject to conservation and management measures
under section 206 of the American Fisheries Act (16 U.S.C.
1851 note).
(c) Existing Authority.--Except for the measures required
by this section, nothing in this title shall be construed to
limit the authority of the North Pacific Fishery Management
Council or the Secretary of Commerce under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).

SEC. 837. TRANSFER OF COAST GUARD PROPERTY IN JUPITER ISLAND,
FLORIDA, FOR INCLUSION IN HOBE SOUND NATIONAL
WILDLIFE REFUGE.

(a) Transfer.--Administrative jurisdiction over the
property described in subsection (b) is transferred to the
Secretary of the Interior.
(b) Property Described.--The property described in this
subsection is real property administered by the Coast Guard
in the Town of Jupiter Island, Florida, comprising Parcel
#35-38-42-004-000-02590-6 (Bon Air Beach lots 259 and 260
located at 83 North Beach Road) and Parcel #35-38-42-004-000-
02610-2 (Bon Air Beach lots 261 to 267), including any
improvements thereon that are not authorized or required by
another provision of law to be conveyed to another person.
(c) Administration.--The property described in subsection
(b) is included in Hobe Sound National Wildlife Refuge, and
shall be administered by the Secretary of the Interior acting
through the United States Fish and Wildlife Service.

SEC. 838. EMERGENCY RESPONSE.

Not later than 90 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall request the
Comptroller General of the United States to examine whether
there are unnecessary regulatory barriers to the use of small
passenger vessels, crewboats, and offshore supply vessels in
disaster response and provide recommendations, as
appropriate, to reduce such barriers.

SEC. 839. DRAWBRIDGES CONSULTATION.

(a) Consultation.--In addition and subsequent to any
rulemaking conducted under section 117.8 of title 33, Code of
Federal Regulations, related to permanent changes to
drawbridge openings that result from Amtrak service between
New Orleans, Louisiana and Orlando, Florida, the Commandant
shall consult with owners or operators of rail lines used for
Amtrak passenger service between New Orleans, Louisiana and
Orlando, Florida and affected waterway users on changes to
drawbridge operating schedules necessary to facilitate the On
Time Performance of passenger trains. These changes to
schedules shall not impact Coast Guard response times to
operational missions.
(b) Timing.--Consultation in subsection (a) shall occur
after commencement of Amtrak passenger service on the rail
lines between New Orleans, Louisiana and Orlando, Florida at
the following intervals:
(1) Not less than 3 months following the commencement of
Amtrak passenger service.
(2) Not less than 6 months following the commencement of
Amtrak passenger service.
(c) Report.--If after conducting the consultations required
by subsection (b)(2), the Commandant finds that permanent
changes to drawbridge operations are necessary to mitigate
delays in the movement of trains described in subsection (a)
and that those changes do not unreasonably obstruct the
navigability of the affected waterways, then the Commandant
shall submit those findings to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.

amendment no. 53 offered by mr. curbelo of florida

Page 877, insert after line 9 the following new section
(and redesignate the succeeding sections accordingly):

SEC. 2822. AUTHORITY FOR LEASING REAL PROPERTY AT THE NAVAL
AIR STATION KEY WEST, FLORIDA.

(a) Authority.--The Secretary of the Navy (hereafter in
this Act referred to as the ``Secretary'') may lease
approximately 19 acres at the Naval Air Station Key West,
Florida, for the purpose of constructing, operating,
improving, and maintaining housing units (including altering
or demolishing existing housing units) under such terms and
conditions as the Secretary considers will promote the
national defense or to be in the public interest.
(b) Duration of Lease.--The lease entered into under this
section shall be for such period as may be agreed to by the
Secretary and the lessee, except that such period may not
exceed 50 years unless the Secretary determines that a lease
for a longer period is necessary to meet the purpose of the
lease.
(c) Payments Under Lease.--The Secretary shall require the
lessee to make payments under the lease entered into under
this section in cash for fair market value.
(d) Deposit and Use of Proceeds.--The Secretary shall
deposit and use any cash proceeds from the lease under this
section as prescribed in section 2667 of title 10, United
States Code.
(e) Leaseback Prohibited.--During the period in which the
lease entered into under this section is in effect, the
Secretary may not lease any of the space constructed by the
lessees on the property leased under this section.
(f) Right of First Refusal for Purchase of Property.--The
lease entered into under this section may provide the lessee
of the property with the first right to purchase the property
if the Secretary revokes the lease in order to permit the
United States to sell or transfer the property as authorized
under any other provision of law. Nothing in this subsection
may be construed to provide a lessee with the first right to
purchase the property if the Secretary revokes the lease for
any other cause, including the failure of the lessee to meet
the terms and conditions of the lease.
(g) Description of Property.--The exact acreage and legal
description of the property to be leased under this section
shall be determined by a survey satisfactory to the
Secretary.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under this section as the Secretary considers
appropriate to protect the interests of the United States.
(i) Inapplicability of Certain Provisions.--The following
provisions of law do not apply to this section, the lease
entered into under this section, or the property which is
subject to the lease under this section:
(1) Section 2662 of title 10, United States Code.
(2) Section 2696 of title 10, United States Code.
(3) The Randolph-Sheppard Act (20 U.S.C. 107 et seq.).
(4) Title V of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411 et seq.)
(j) Certain Cubans Entrants Ineligible for Refugee
Assistance.--
(1) In general.--Title V of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended--
(A) in the heading by striking ``CUBAN AND''; and
(B) in section 501--
(i) by striking ``Cuban and'' each place it appears;
(ii) in subsection (d), by striking ``Cuban or''; and
(iii) in subsection (e)--

(I) in paragraph (1)--

(aa) by striking ``Cuban/''; and
(bb) by striking ``Cuba or''; and

(II) in paragraph (2), by striking ``Cuba or''.

(2) Conforming amendments.--
(A) Personal responsibility and work opportunity
reconciliation act of 1996.--Title

[[Page H4653]]

IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.) is amended
by striking ``Cuban and Haitian entrant'' each place it
appears and inserting ``Haitian entrant''.
(B) Immigration and nationality act.--Section 245A(h)(2)(A)
of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(2)(A)) is amended by striking ``Cuban and Haitian
entrant'' each place it appears and inserting ``Haitian
entrant''.
(3) Applicability.--The amendments made by this subsection
shall apply only in the case of a national of Cuba who enters
the United States on or after the date of the enactment of
this Act.

amendment no. 54 offered by mrs. stefanik of new york

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

SEC. __. DISCLOSURE REQUIREMENTS FOR UNITED STATES-BASED
FOREIGN MEDIA OUTLETS.

Title VII of the Communications Act of 1934 (47 U.S.C. 601
et seq.) is amended by adding at the end the following:

``SEC. 722. DISCLOSURE REQUIREMENTS FOR UNITED STATES-BASED
FOREIGN MEDIA OUTLETS.

``(a) Reports by Outlets to Commission.--Not later than 90
days after the date of the enactment of this section, and not
less frequently than every 6 months thereafter, a United
States-based foreign media outlet shall submit to the
Commission a report that contains the following information:
``(1) The name of such outlet.
``(2) A description of the relationship of such outlet to
the foreign principal of such outlet, including a description
of the legal structure of such relationship and any funding
that such outlet receives from such principal.
``(b) Reports by Commission to Congress.--Not later than 60
days after the date of the enactment of this section, and not
less frequently than every 6 months thereafter, the
Commission shall transmit to Congress a report that
summarizes the contents of the reports submitted by United
States-based foreign media outlets under subsection (a)
during the preceding 6-month period.
``(c) Public Availability.--The Commission shall make
publicly available on the internet website of the Commission
each report submitted by a United States-based foreign media
outlet under subsection (a) not later than the earlier of--
``(1) the date that is 30 days after the outlet submits the
report to the Commission; or
``(2) the date on which the Commission transmits to
Congress under subsection (b) the report covering the 6-month
period during which the report of the outlet was submitted to
the Commission under subsection (a).
``(d) Definitions.--In this section:
``(1) Foreign principal.--The term `foreign principal' has
the meaning given such term in section 1(b)(1) of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611(b)(1)).
``(2) United states-based foreign media outlet.--The term
`United States-based foreign media outlet' means an entity
that--
``(A) produces or distributes video programming that is
transmitted, or intended for transmission, by a multichannel
video programming distributor to consumers in the United
States; and
``(B) would be an agent of a foreign principal (as defined
in paragraph (1)) for purposes of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611 et seq.) but for
section 1(d) of such Act (22 U.S.C. 611(d)).''.

amendment no. 55 offered by mr. gallagher of wisconsin

Subparagraph (A) of section 1252(c)(2) is amended by adding
at the end the following:

(vii) The abuse of employment and student visa programs to
enter the United States in order to conduct political,
academic, or social influence efforts, or for the purposes of
establishing Chinese Communist Party cells or other entities
under the control or coordination of the Chinese Communist
Party.
(viii) The Chinese Communist Party's coercion or
intimidation of Chinese nationals studying or working in the
United States or outside China.

amendment no. 56 offered by mr. graves of louisiana

At the end of subtitle B of title V, insert the following
new sections:

SEC. 515. USE OF NATIONAL GUARD IN CASE OF A MAJOR DISASTER
OR REQUEST FROM A STATE GOVERNOR.

The President shall order members of the National Guard in
a State to full-time National Guard duty or active Guard and
Reserve duty under section 502(f) of title 32, United States
Code, if--
(1) the Governor of the State requests such an order; and
(2) the President declares that a major disaster exists--
(A) in that State and one or more other States is
participating in the response to the disaster; or
(B) in two States described in subparagraph (A) because of
the same event.

SEC. 516. FUNDING OF NATIONAL GUARD IN CASE OF A MAJOR
DISASTER OR EMERGENCY DECLARED UNDER THE
STAFFORD ACT.

Section 403(c) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170b(c)) is
amended--
(a) by redesignating paragraph (6) as paragraph (7); and
(b) by inserting after paragraph (5) the following new
paragraph (6):
``(6) National guard.--The President may make contributions
to a State or local government for the purpose of reimbursing
the Department of Defense for expenditures that arise from
use of members of the National Guard and Reserve under
section 502(f) of title 32, United States Code, to respond to
a major disaster declared by the President under section 401
of this Act.''.

amendment no. 57 offered by mr. takano of california

Page 109, after line 21, insert the following new section:

SEC. 507. DEMONSTRATION PROGRAM ON ACCESSION OF CANDIDATES
WITH AUDITORY IMPAIRMENTS AS AIR FORCE
OFFICERS.

(a) Demonstration Program Required.--Beginning not later
than 90 days after the date of the enactment of this Act, the
Secretary of the Air Force shall carry out a demonstration
program to assess the feasibility and advisability of
permitting individuals with auditory impairments (including
deafness) to access as officers of the Air Force.
(b) Candidates.--
(1) Number of candidates.--The total number of individuals
with auditory impairments who may participate in the
demonstration program shall be not fewer than 15 individuals
or more than 20 individuals.
(2) Mix and range of auditory impairments.--The individuals
who participate in the demonstration program shall include
individuals who are deaf and individuals who have a range of
other auditory impairments.
(3) Qualification for accession.--Any individual who is
chosen to participate in the demonstration program shall meet
all essential qualifications for accession as an officer in
the Air Force, other than those related to having an auditory
impairment.
(c) Selection of Participants.--
(1) In general.--The Secretary of the Air Force shall--
(A) publicize the demonstration program nationally,
including to individuals who have auditory impairments and
would be otherwise qualified for officer training;
(B) create a process whereby interested individuals can
apply for the demonstration program; and
(C) select the participants for the demonstration program,
from among the pool of applicants, based on the criteria in
subsection (b).
(2) No prior service as air force officers.--Participants
selected for the demonstration program shall be individuals
who have not previously served as officers in the Air Force.
(d) Basic Officer Training.--
(1) In general.--The participants in the demonstration
program shall undergo, at the election of the Secretary of
the Air Force, the Basic Officer Training course or the
Commissioned Officer Training course at Maxwell Air Force
Base, Alabama.
(2) Number of participants.--Once individuals begin
participating in the demonstration program, each Basic
Officer Training course or Commissioned Officer Training
course at Maxwell Air Force Base, Alabama, shall include not
fewer than 4, or more than 6, participants in the
demonstration program until all participants have completed
such training.
(3) Auxiliary aids and services.--The Secretary of Defense
shall ensure that participants in the demonstration program
have the necessary auxiliary aids and services (as that term
is defined in section 4 of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12103)) in order to fully participate
in the demonstration program.
(e) Coordination.--
(1) Special advisor.--The Secretary of the Air Force shall
designate a special advisor to the demonstration program to
act as a resource for participants in the demonstration
program, as well as a liaison between participants in the
demonstration program and those providing the officer
training.
(2) Qualifications.--The special advisor shall be a member
of the Armed Forces on active duty--
(A) who--
(i) if a commissioned officer, shall be in grade O-3 or
higher; or
(ii) if an enlisted member, shall be in grade E-5 or
higher; and
(B) who is knowledgeable about issues involving, and
accommodations for, individuals with auditory impairments
(including deafness).
(3) Responsibilities.--The special advisor shall be
responsible for facilitating the officer training for
participants in the demonstration program, intervening and
resolving issues and accommodations during the training, and
such other duties as the Secretary of the Air Force may
assign to facilitate the success of the demonstration program
and participants.
(f) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the appropriate committees of Congress a report on
the demonstration program. The report shall include the
following:
(1) A description of the demonstration program and the
participants in the demonstration program.
(2) The outcome of the demonstration program, including--
(A) the number of participants in the demonstration program
that successfully completed the Basic Officer Training course
or the Commissioned Officer Training course;

[[Page H4654]]

(B) the number of participants in the demonstration program
that were recommended for continued military service;
(C) the issues that were encountered during the program;
and
(D) such recommendation for modifications to the
demonstration program as the Secretary considers appropriate
to increase further inclusion of individuals with auditory
disabilities serving as officers in the Air Force or other
Armed Forces.
(3) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
demonstration program.
(g) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.

amendment no. 58 offered by mrs. tenney of new york

Page 201, after line 11, insert the following new section:

SEC. 626. ACCESS FOR VETERANS TO CERTAIN FITNESS CENTERS.

(a) In General.--Chapter 152 of title 10, United States
Code, is amended by adding at the end the following new
section:

``SEC. 2569. FITNESS CENTERS: ACCESS FOR VETERANS.

``(a) In General.--Subject to subsection (b), the Secretary
of a military department may grant veterans access to a
fitness center that--
``(1) is under the jurisdiction of such Secretary; and
``(2) is operated by a geographically separated unit that
is located not less than 100 miles from the supporting base
of such unit.
``(b) Factors for Consideration.--In determining whether to
grant veterans access to a fitness center under subsection
(a), the Secretary concerned shall consider--
``(1) whether the commander who oversees the fitness center
has determined--
``(A) that such fitness center has the capacity and
infrastructure required to support veterans; and
``(B) that granting veterans such access would not impede
the readiness of members of the armed forces on active duty
who use the fitness center;
``(2) the effect that granting veterans such access would
have on the operating and maintenance expenses of the fitness
center; and
``(3) any additional criteria determined by the Secretary
concerned.
``(c) Definition.--In this section, the term `veteran' has
the meaning given such term in section 101 of title 38.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:

``2569. Fitness centers: access for veterans.''.

amendment no. 59 offered by mr. lipinski of illinois

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

SEC. 12_. REPORT ON IRANIAN EXPENDITURES SUPPORTING FOREIGN
MILITARY AND TERRORIST ACTIVITIES.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter until the
date described in subsection (c), the Secretary of State, in
consultation with the Director of National Intelligence,
shall submit to Congress a report describing Iranian
expenditures in the previous calendar year on military and
terrorist activities outside the country, including each of
the following:
(1) The amount spent in such calendar year on activities by
the Islamic Revolutionary Guard Corps, including activities
providing support for--
(A) Hezbollah;
(B) Houthi rebels in Yemen;
(C) Hamas;
(D) proxy forces in Iraq and Syria; or
(E) any other entity or country the Secretary determines to
be relevant.
(2) The amount spent in such calendar year for ballistic
missile research and testing or other activities that the
Secretary of State determines are destabilizing to the Middle
East region.
(b) Form.--
(1) In general.--The report required under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Inclusion in annual country reports on terrorism.--The
Secretary of State may issue the reports required under
subsection (a) by including such reports in the annual
reports required by section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f).
(c) Expiration Date.--The date described in this subsection
is the date on which the Secretary of State determines that
the Government of Iran no longer provides support for
international terrorism pursuant to the following:
(1) Section 6(j) of the Export Administration Act of 1979
(as continued in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)).
(2) Section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).
(3) Section 40 of the Arms Export Control Act (22 U.S.C.
2780).

amendment no. 60 offered by mr. jones of north carolina

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

Subtitle D--DESIGNATION OF THE NAVY AND MARINE CORPS

SEC. 931. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE
DEPARTMENT OF THE NAVY AND MARINE CORPS.

(a) Redesignation of Military Department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(b) Redesignation of Secretary and Other Statutory
Offices.--
(1) Secretary.--The position of the Secretary of the Navy
is redesignated as the Secretary of the Navy and Marine
Corps.
(2) Other statutory offices.--The positions of the Under
Secretary of the Navy, the four Assistant Secretaries of the
Navy, and the General Counsel of the Department of the Navy
are redesignated as the Under Secretary of the Navy and
Marine Corps, the Assistant Secretaries of the Navy and
Marine Corps, and the General Counsel of the Department of
the Navy and Marine Corps, respectively.

SEC. 932. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES
CODE.

(a) Definition of ``Military Department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(b) Organization of Department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under
the Secretary of the Navy and Marine Corps.''.
(c) Position of Secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(d) Chapter Headings.--
(1) The heading of chapter 503 of such title is amended to
read as follows:

``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

(2) The heading of chapter 507 of such title is amended to
read as follows:

``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.

(e) Other Amendments.--
(1) Title 10, United States Code, is amended by striking
``Department of the Navy'' and ``Secretary of the Navy'' each
place they appear other than as specified in subsections (a),
(b), (c), and (d) (including in section headings, subsection
captions, tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively, in
each case with the matter inserted to be in the same typeface
and typestyle as the matter stricken.
(2)(A) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2),
5032(a), and 5042(a) of such title are amended by striking
``Assistant Secretaries of the Navy'' and inserting
``Assistant Secretaries of the Navy and Marine Corps''.
(B) The heading of section 5016 of such title, and the item
relating to such section in the table of sections at the
beginning of chapter 503 of such title, are each amended by
inserting ``and Marine Corps'' after ``of the Navy'', with
the matter inserted in each case to be in the same typeface
and typestyle as the matter amended.

SEC. 933. OTHER PROVISIONS OF LAW AND OTHER REFERENCES.

(a) Title 37, United States Code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively.
(b) Other References.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to
be a reference to the Department of the Navy and Marine
Corps. Any such reference to an office specified in section
931(b) shall be considered to be a reference to that officer
as redesignated by that section.

SEC. 934. EFFECTIVE DATE.

This subtitle and the amendments made by this subtitle
shall take effect on the first day of the first month
beginning more than 60 days after the date of the enactment
of this Act.

The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Texas (Mr. Thornberry) and the gentleman from California (Mr.
Garamendi) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.

Modification to Amendment No. 53 offered by Mr. Thornberry of Texas

Mr. THORNBERRY. Mr. Chairman, I ask unanimous consent that amendment
No. 53 printed in House Report 115-702 be modified in the form I have
placed at the desk.

[[Page H4655]]

The ACTING Chair. The Clerk will report the modification.
The Clerk read as follows:
Modification to amendment No. 53 offered by Mr. Curbelo of Florida:

The amendment as modified is as follows:
Page 877, insert after line 9 the following new section
(and redesignate the succeeding sections accordingly):

SEC. 2822. AUTHORITY FOR LEASING REAL PROPERTY AT THE NAVAL
AIR STATION KEY WEST, FLORIDA.

Mr. THORNBERRY (during the reading). Mr. Chairman, I ask unanimous
consent the modification be considered as read.
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 amendment is modified.
The Chair recognizes the gentleman from Texas
Mr. THORNBERRY. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. McCaul), the chairman of the Homeland Security Committee.
Mr. McCAUL. Mr. Chairman, I thank Chairman Thornberry for yielding me
time.
Mr. Chairman, protecting U.S. Government communication networks from
foreign adversaries such as China is vital to our national security. I
share the concerns of FBI Director Wray, who testified before the
Senate. He was deeply concerned about the risk of allowing any company
or entity that is beholden to foreign governments that don't share our
values to gain positions of power inside our telecommunications
networks.
Mr. Chairman, I am pleased to see that section 880 of the NDAA of
FY19 addresses this concern by prohibiting Federal departments and
agencies from procuring equipment and services from foreign firms such
as ZTE and Huawei. Specifically, ZTE violated U.S. sanctions and then
got caught lying about it. After agreeing to discipline their
employees, they lied again and, instead, gave those employees a bonus.
Now it appears that we are offering them the same kind of deal. They
clearly do not have a record built on trust with the United States
Government. This poses significant risks to our Nation's security.
However, this prohibition does not apply to State and local
governments, who often rely on Federal grant dollars and play a major
role in the protection of our Nations' security, and that is why I have
offered this amendment.
My amendment simply extends the prohibition on purchasing ZTE and
Huawei products and services to Federal grant money and loans to better
safeguard State and local communications networks.
Mr. Chair, I urge my colleagues to protect our Nation's
communications networks from foreign adversaries and support this
amendment.
Mr. GARAMENDI. Mr. Chairman, I yield 2 minutes to the gentlewoman
from New Mexico (Ms. Michelle Lujan Grisham).
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chairman, New Mexico is
home to the Kirtland Air Force Research Laboratory that develops
groundbreaking technologies that support our men and women in the Armed
Forces.
These technologies often have a range of commercial applications that
can re-energize domestic manufacturing, create high-paying jobs, and
increase economic development in our State, which has the second
highest unemployment rate in the Nation.
High-speed internet servers, GPS, electric vehicles, and even
microwave ovens are just a few of the examples of transformational
technologies that were originally developed by the Federal Government.
My amendments would help facilitate the commercialization of
innovative DOD-developed technologies by investing in the scientists,
engineers, and mathematicians serving in our military laboratories.
By providing laboratory personnel with business education,
entrepreneurial sabbaticals, and new opportunities to partner with
universities and businesses, we can make cutting-edge technologies more
widely available to American businesses and consumers, grow our
economy, and ensure that the United States leads the world in
innovation.
Mr. Chairman, I urge my colleagues to support my amendments.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the gentleman from
Maine (Mr. Poliquin).
Mr. POLIQUIN. Mr. Chairman, I greatly appreciate everybody
recognizing the importance of the hardworking folks at the Defense
Financing Accounting Services.
Lots of our fellow Americans might not realize that DFAS has an
incredibly important function to cut the payroll checks for our men and
women in uniform, and also they pay the vendors, suppliers, and
contractors that keep our military operating; 122 million transactions
last year.
Mr. Chairman, during the past 20 years, the Pentagon has consolidated
300 DFAS offices into 10 today, and the civilian workforce has been
reduced from 27,000 to 13,000.
Mr. Chairman, I am so pleased and grateful that the Armed Services
Committee and the Rules Committee are advancing my amendment to clarify
that there is no intention by the House of Representatives to further
consolidate any DFAS location or jobs.
Mr. Chairman, I am so proud of the 600 hardworking Mainers who cut
checks for our brave military personnel at the DFAS facility in
Limestone, Maine, way up north in Aroostook County. These 600 Maine
jobs are so important to our families and also to our military
personnel.
Mr. GARAMENDI. Mr. Chairman, I yield 1 minute to the gentleman from
New York (Mr. Suozzi).
Mr. SUOZZI. Mr. Chairman, I thank the gentleman for yielding this
time to me.
Mr. Chairman, I am pleased that my bipartisan amendment has been
included in this en bloc package.
There is a major problem in our country that Americans want us to
address. It is a bipartisan issue related to contamination related from
defense-related activities, and I want to thank

[[Page H4656]]

the chairman of the committee for his assistance in working on this, as
well as my colleagues, Congressman Cook and Congresswoman Hanabusa, for
their work in helping to get this done.
Military bases and munitions storage depots and armament
manufacturing facilities have left behind a multibillion-dollar legacy
of required environmental cleanup.

Under my amendment, the Assistant Secretary of Defense for Energy,
Installations, and the Environment will be required to brief the
Committee on Armed Services on initiatives being pursued to accelerate
environmental restoration efforts.
In my district alone, there is a site that was contaminated by a
Grumman in conjunction with the United States Navy. It was discovered
over 40 years ago. It has contaminated groundwater, which is the sole
source of drinking water on Long Island.
There are people that are trying to get these things cleaned up, but
there is so much bureaucracy, so much red tape, so much finger-
pointing, that we need to send a clear message from Congress that we
need the executive branch to work together with us to accelerate this
cleanup.
Mr. Chairman, this amendment will help get that done.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the gentlewoman
from Missouri (Mrs. Hartzler), the distinguished chair of our
Subcommittee on Oversight and Investigations.
Mrs. HARTZLER. Mr. Chairman, I rise in support of this en bloc
package.
Mr. Chairman, this package includes a bipartisan amendment to ensure
that video surveillance equipment is included in the scope of the
NDAA's prohibition on using certain Chinese technology in government
agencies.
China is actively expanding the role of its companies in the U.S.
domestic communications and public safety sectors. Video surveillance
and security equipment sold by Chinese companies exposes the U.S.
Government to significant vulnerabilities due to built-in backdoors
baked right into their products.
These backdoors can be used to covertly funnel data, including live
video and audio surveillance of America's sensitive military
installations and embassies, back to Chinese operatives.
Given what we know about China's intentions and the security risks
posed by these firms, we have absolutely no business helping China
extend its networks further and further into our agencies.
Mr. Chairman, I want to thank Chairman Thornberry and Ranking Member
Smith for including this amendment in the package.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentleman from Illinois (Mr. Schneider).
Mr. SCHNEIDER. Mr. Chairman, I want to thank the ranking member for
yielding me the time.
Mr. Chairman, I rise today in support of my amendment to increase
flexibility within the Small Business Innovative Research and
Technology Transfer Programs.
Mr. Chairman, I want to thank Chairman Thornberry and Ranking Member
Smith for including it in this en bloc package.
Federal research programs invest in the future and ensure we stay at
the global forefront of innovation and advancement.
But this investment is only the first step of the process. We must
ensure that innovators and entrepreneurs have the tools necessary to
bring their ideas to market.
Currently, SBIR and STTR recipients are restricted in how much
funding they can use towards commercialization.
My amendment would increase the amount of funding recipients in phase
1 and phase 2 can use to pay for assistance protecting intellectual
property, conducting market research, mapping out manufacturing plans,
and other steps that would help them successfully commercialize their
ideas.
My amendment would help empower successful innovators with more
resources to turn federally funded research into viable commercial
products, creating quality jobs and securing our Nation's creative
leadership.

{time} 1445

Modification to Amendments En Bloc No. 1 offered by Mr. Thornberry of
Texas

Mr. THORNBERRY. Mr. Chairman, I ask unanimous consent that amendment
No. 55 be removed from the en bloc package.
The Acting CHAIR. The Clerk will report the modification.
The Clerk read the modification as follows:

Strike amendment #55

The Acting CHAIR. Is there objection to the request of the gentleman
from Texas?
There was no objection.
The Acting CHAIR. Amendments en bloc No. 1 is modified.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentleman from California (Mr. Takano).
Mr. TAKANO. Mr. Chairman, I rise in support of my amendment, which
would create a demonstration program in the Air Force for 15 to 20 deaf
and hard-of-hearing individuals to serve their country.
This amendment is inspired by a young deaf man I met a few years ago
named Keith Nolan. He excelled at the first two levels of Army ROTC and
was prepared to take the next step when he was told that he could not
continue because he is deaf. Including this amendment is an incredible
tribute to Keith's advocacy, and I urge my colleagues in the Senate to
maintain this provision.
I want to thank the chairman and ranking member for including this
amendment. I am excited that we are taking this step forward to give
the deaf community a chance to defend the country that they love and
that we love.
Mr. SMITH of Washington. Mr. Chair, I yield 1 minute to the gentleman
from Illinois (Mr. Lipinski).
Mr. LIPINSKI. Mr. Chairman, Iran is the world's foremost state
sponsor of terrorism. In spite of their weak economy and U.S.-imposed
sanctions in response to Iran's support for terrorism, abuse of human
rights, and acquisition of prohibited weapons, they continue to support
violent groups abroad.
As our diplomatic and military leaders determine how best to respond
to Iran, they and the world, including Iranians, should have a detailed
accounting of the amount spent by Iran to support specific terrorist
groups. This is especially important in light of the escalating
conflict between Israel and Iran-backed forces in Syria.
My amendment requires an annual report from the Secretary of State
and the Director of National Intelligence describing Iranian
expenditures on military and terrorist activities outside their
country. This will send a clear message to Iran and our allies that we
do not tolerate support of terrorism.
Mr. Chair, I thank the chairman and ranking member for including my
amendment in this en bloc, and I urge my colleagues to support it.
Mr. SMITH of Washington. Mr. Chairman, we have no further speakers. I
urge adoption of the amendment, and I yield back the balance of my
time.
Mr. THORNBERRY. Mr. Chair, 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.

Amendment No. 3 Offered by Mr. Guthrie

The Acting CHAIR. It is now in order to consider amendment No. 3
printed in House Report 115-702.
Mr. GUTHRIE. Mr. Chair, I rise in support of my amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle B of title III, insert the
following:

SEC. 3__. PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX.

(a) Production and Use of Natural Gas at Fort Knox.--
Chapter 449 of title 10, United States Code, is amended by
adding at the end the following new section:

``Sec. 4782. Natural gas: production, treatment, management,
and use at Fort Knox, Kentucky

``(a) Authority.--(1) The Secretary of the Army may provide
for the production, treatment, management, and use of natural
gas located under Fort Knox, Kentucky, without regard to
section 3 of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 352).

[[Page H4657]]

``(2) The Secretary is authorized to enter into a contract
with an appropriate entity to carry out paragraph (1).
``(b) Limitation on Uses.--Any natural gas produced under
subsection (a) may be used only to support activities and
operations at Fort Knox and may not be sold for use
elsewhere.
``(c) Ownership of Facilities.--The Secretary of the Army
may take ownership of any gas production and treatment
equipment and facilities and associated infrastructure from
an entity with which the Secretary has entered into a
contract under subsection (a) in accordance with the terms of
the contract.
``(d) Applicability.--The authority of the Secretary of the
Army under this section is effective as of August 2, 2007.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4782. Natural gas: production, treatment, management, and use at Fort
Knox, Kentucky.''.

The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Kentucky (Mr. Guthrie) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. GUTHRIE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chair, I really appreciate the chairman of the Armed Services
Committee and the chairman of the Natural Resources Committee for
working with me on this amendment.
I rise in support of the amendment to clarify Congress' intent with
regard to energy security and conservation programs at Fort Knox.
In January 2009, a major ice storm hit my district, crippling local
infrastructure for days. This outage across the region also affected
Fort Knox, due to the post's reliance on the local energy grid.
This weather event highlighted a vulnerability that local leaders at
Fort Knox took very seriously and had already been working for years to
mitigate. With the full support of the Pentagon, the leaders on post
and in the community around Fort Knox have made great strides to make
Fort Knox the Army's first energy-secure installation. This really is a
great story and one that we in Congress should support.
My amendment is about how natural gas fits into the complex, highly
sophisticated energy security program at Fort Knox, Kentucky being
blessed with natural gas. The award-winning combination of features and
the Fort Knox energy program ranges from new power generation
facilities to a geothermal pond, infrared heating system, extensive
energy efficiency upgrades, and even a solar array. The dashboard in
the control room is incredible to see as energy officials can remotely
observe and analyze current energy consumption and efficiency, isolated
to the level of individual rooms in the buildings on post.
While the energy conservation program started in the 1970s, the
natural gas story really came into focus a little over 10 years ago
when the Army established service contracts with local companies to
drill and pump methane gas on post. This is everything we want for our
national security: energy independence and security that saves Federal
money, off-the-grid capability during moments of a national crisis, and
utilizing energy resources efficiency as close to the source as
possible.
Natural gas has been produced and used on post since 2009 and makes
up about 28 percent of annual needs. The amount of gas produces enough
for an entire summer load. However, the catch is, and why we are here
with this amendment, that the Interior Department has raised concerns
because the Army did not go through the typical Bureau of Land
Management lease process.
The Bureau of Land Management lease process will not work for this
kind of operation because it is not in our national security interest
to give mineral rights for DOD property to a third party. The Army
should be able to access the resources on post for consumption and use
on post without having to go through a third party or remit royalties.
This amendment simply allows Fort Knox to continue their great energy
security success story and gives them the ability to remain the number
one energy-secure Army installation.
Mr. Chair, I reserve the balance of my time.
Mr. LOWENTHAL. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. LOWENTHAL. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am a little surprised that someone from Kentucky is
sponsoring this amendment, because if this amendment were to become
law, who would be the biggest loser? It would be the Commonwealth of
Kentucky.
When the Army started developing natural gas under Fort Knox, it did
so without notifying the Department of the Interior, which is the
agency that is responsible for these resources. Now the Defense
Department has admitted that it was a mistake and says that it has
taken steps to prevent this from ever happening again. But we still
know that they are producing gas, and I am glad that they have taken
steps to prevent this in the future.
To my knowledge, that is not the critical issue. The critical issue
is that we have a real problem here. That is, the natural gas that is
under Fort Knox belongs to the American people, not the military, and
royalties are owed to the American people when that gas is sold. As we
know, half of those royalties would go to Kentucky.
For example, in 2014, the Army estimated that it effectively cheated
Kentucky out of $250,000, and now there are 4 more years of cheating
Kentucky and the American people out of their royalties. That number is
probably much larger now than the $250,000 a year.
We have no indication that the Army has paid any of these royalties,
and until we deal with that issue that they are not paying royalties
for the gas that the American people and the people of Kentucky own, we
should not be letting them off the hook.
I would ask the sponsor of the amendment to look closely at this
issue and what his home State stands to lose because of it and then to
reconsider again whether or not he wants this amendment to be adopted.
I yield back the balance of my time.
Mr. GUTHRIE. Mr. Chairman, I just want to close by saying that it is
owned by the American people, the military, which is why we are here
today at the national level. It is owned by the American people. There
are things that we can work through so that we can move forward.
Fort Knox is an economic driver in the community. The Federal tax
dollars that come to Fort Knox to support our men and women contribute
greatly to that community. Being energy secure is a vital component
when we look at the overall needs of the Army and the importance of
every Army post, and Fort Knox can certainly make a great claim, being
off the grid and being able to operate in times of national
emergencies.
So I do think this has been thought through. I think instead of going
through the other process, we need to move forward and let the
Department of Defense do what the Pentagon had sent Fort Knox forward
to do.
Mr. Chair, I appreciate the comments of my friend from California,
but I do think this is the right policy to move forward, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Kentucky (Mr. Guthrie).
The amendment was agreed to.

Amendment No. 8 Offered by Mr. Amodei

The Acting CHAIR. It is now in order to consider amendment No. 8
printed in House Report 115-702.
Mr. AMODEI. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Add at the end the following:

DIVISION E--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION

SEC. 4801. FINDINGS.

Congress finds that--
(1) in agreement with Executive Order 13806, a healthy
manufacturing and defense industrial base and resilient
supply chains are essential to the economic strength and
national security of the United States. Modern supply chains,
however are often long and the ability of the United States
to manufacture or obtain goods critical to national security
could be hampered by an inability to obtain various essential
components, which themselves may not be directly related to
national security;

[[Page H4658]]

(2) in agreement with Executive Order 13817, the United
States is heavily reliant on imports of certain mineral
commodities that are vital to the Nation's security and
economic prosperity;
(3) this dependency of the United States on foreign sources
creates a strategic vulnerability for both its economy and
military to adverse foreign government actons, natural
disaster, and other events that can disrupt supply of these
key minerals. Increased private-sector domestic exploration,
production, recycling, and reprocessing of critical minerals,
and support for efforts to identify more commonly available
technological alternatives to these minerals, will reduce our
dependence on imports, preserve our leadership in
technological innovation, support job creation, improve
national security and balance of trade, and enhance the
technological superiority and readiness of our Armed Forces,
which are among the Nation's most significant consumers of
critical minerals;
(4) the industrialization of developing nations has driven
demand for nonfuel minerals necessary for telecommunications,
military technologies, healthcare technologies, and
conventional and renewable energy technologies;
(5) the availability of minerals and mineral materials are
essential for economic growth, national security,
technological innovation, and the manufacturing and
agricultural supply chain;
(6) minerals and mineral materials are critical components
of every transportation, water, telecommunications, and
energy infrastructure project necessary to modernize the
crumbling infrastructure of the United States;
(7) the exploration, production, processing, use, and
recycling of minerals contribute significantly to the
economic well-being, security, and general welfare of the
United States; and
(8) the United States has vast mineral resources but is
becoming increasingly dependent on foreign sources of mineral
resources, as demonstrated by the fact that--
(A) 25 years ago, the United States was dependent on
foreign sources for 45 nonfuel mineral materials, of which--
(i) 8 were imported by the United States to fulfill 100
percent of the requirements of the United States for those
nonfuel mineral materials; and
(ii) 19 were imported by the United States to fulfill
greater than 50 percent of the requirements of the United
States for those nonfuel mineral materials;
(B) by 2015 the import dependence of the United States for
nonfuel mineral materials increased from dependence on the
import of 45 nonfuel mineral materials to dependence on the
import of 47 nonfuel mineral materials, of which--
(i) 19 were imported by the United States to fulfill 100
percent of the requirements of the United States for those
nonfuel mineral materials; and
(ii) 22 were imported by the United States to fulfill
greater than 50 percent of the requirements of the United
States for those nonfuel mineral materials;
(C) according to the Department of Energy, the United
States imports greater than 50 percent of the 41 metals and
minerals key to clean energy applications;
(D) the United States share of worldwide mineral
exploration dollars was 7 percent in 2015, down from 19
percent in the early 1990s;
(E) the 2014 Ranking of Countries for Mining Investment,
which ranks 25 major mining countries, found that 7- to 10-
year permitting delays are the most significant risk to
mining projects in the United States; and
(F) in late 2016, the Government Accountability Office
found that--
(i) ``the Federal government's approach to addressing
critical materials supply issues has not been consistent with
selected key practices for interagency collaboration, such as
ensuring that agencies' roles and responsibilities are
clearly defined''; and
(ii) ``the Federal critical materials approach faces other
limitations, including data limitations and a focus on only a
subset of critical materials, a limited focus on domestic
production of critical materials, and limited engagement with
industry''.

SEC. 4802. DEFINITIONS.

In this division:
(1) Agency.--The term ``agency'' means--
(A) any agency, department, or other unit of Federal,
State, local, or tribal government; or
(B) an Alaska Native Corporation.
(2) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native
Corporation'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(3) Lead agency.--The term ``lead agency'' means the agency
with primary responsibility for issuing a mineral exploration
or mine permit for a project.
(4) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' includes--
(A) an authorization of the Bureau of Land Management or
the Forest Service, as applicable, for premining activities
that requires an environmental impact statement or similar
analysis under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) a plan of operations issued by--
(i) the Bureau of Land Management under subpart 3809 of
part 3800 of title 43, Code of Federal Regulations (or
successor regulations); or
(ii) the Forest Service under subpart A of part 228 of
title 36, Code of Federal Regulations (or successor
regulations); and
(C) a permit issued under an authority described in section
3503.13 of title 43, Code of Federal regulations (or
successor regulations).
(5) Project.--The term ``project'' means a project for
which the issuance of a permit is required to conduct
activities for, relating to, or incidental to mineral
exploration, mining, beneficiation, processing, or
reclamation activities--
(A) on a mining claim, millsite claim, or tunnel site claim
for any locatable mineral; or
(B) in conjunction with any Federal mineral (other than
coal and oil shale) that is leased under--
(i) the Mineral Leasing Act for Acquired Lands (30 U.S.C.
351 et seq.); or
(ii) section 402 of Reorganization Plan Numbered 3 of 1946
(5 U.S.C. App.).

SEC. 4803. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL
MINERALS.

(a) Definition of Strategic and Critical Minerals.--In this
section, the term ``strategic and critical minerals'' means
minerals that are necessary--
(1) for the national defense and national security
requirements, including supply chain resiliency;
(2) for the energy infrastructure of the United States,
including--
(A) pipelines;
(B) refining capacity;
(C) electrical power generation and transmission; and
(D) renewable energy production;
(3) for community resiliency, coastal restoration, and
ecological sustainability for the coastal United States;
(4) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and transportation
infrastructure; or
(5) for the economic security of, and balance of trade in,
the United States.
(b) Consideration of Certain Domestic Mines as
Infrastructure Projects.--A domestic mine that, as determined
by the lead agency, will provide strategic and critical
minerals shall be considered to be an infrastructure project,
as described in Executive Order 13807.

SEC. 4804. RESPONSIBILITIES OF THE LEAD AGENCY.

(a) In General.--The lead agency shall appoint a project
lead within the lead agency, who shall coordinate and consult
with cooperating agencies and any other agencies involved in
the permitting process, project proponents, and contractors
to ensure that cooperating agencies and other agencies
involved in the permitting process, project proponents, and
contractors--
(1) minimize delays;
(2) set and adhere to timelines and schedules for
completion of the permitting process;
(3) set clear permitting goals; and
(4) track progress against those goals.
(b) Determination Under NEPA.--
(1) In general.--To the extent that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applies to the issuance of any mineral exploration or mine
permit, the requirements of that Act shall be considered to
have been procedurally and substantively satisfied if the
lead agency determines that any State or Federal agency
acting under State or Federal law has addressed or will
address the following factors:
(A) The environmental impact of the action to be conducted
under the permit.
(B) Possible adverse environmental effects of actions under
the permit.
(C) Possible alternatives to issuance of the permit.
(D) The relationship between long- and short-term uses of
the local environment and the maintenance and enhancement of
long-term productivity.
(E) Any irreversible and irretrievable commitment of
resources that would be involved in the proposed action.
(F) That public participation will occur during the
decisionmaking process for authorizing actions under the
permit.
(2) Written requirement.--In making a determination under
paragraph (1), not later than 90 days after receipt of an
application for the permit, the lead agency, in a written
record of decision, shall--
(A) explain the rationale used in reaching the
determination;
(B) state the facts in the record that are the basis for
the determination; and
(C) show that the facts in the record could allow a
reasonable person to reach the same determination as the lead
agency did.
(c) Coordination on Permitting Process.--
(1) In general.--The lead agency shall enhance government
coordination for the permitting process by--
(A) avoiding duplicative reviews;
(B) minimizing paperwork; and
(C) engaging other agencies and stakeholders early in the
process.
(2) Considerations.--In carrying out paragraph (1), the
lead agency shall consider--
(A) deferring to, and relying on, baseline data, analyses,
and reviews performed by State agencies with jurisdiction
over the proposed project; and
(B) to the maximum extent practicable, conducting any
consultations or reviews concurrently rather than
sequentially if the concurrent consultation or review would
expedite the process.

[[Page H4659]]

(3) Memorandum of agency agreement.--If requested at any
time by a State or local planning agency, the lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may
establish memoranda of agreement with the project sponsor,
State and local governments, and other appropriate entities
to accomplish the coordination activities described in this
subsection.
(d) Schedule for Permitting Process.--
(1) In general.--For any project for which the lead agency
cannot make the determination described subsection (b), at
the request of a project proponent, the lead agency,
cooperating agencies, and any other agencies involved with
the mineral exploration or mine permitting process shall
enter into an agreement with the project proponent that sets
time limits for each part of the permitting process,
including--
(A) the decision on whether to prepare an environmental
impact statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(B) a determination of the scope of any environmental
impact statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(C) the scope of, and schedule for, the baseline studies
required to prepare an environmental impact statement or
similar analysis required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(D) preparation of any draft environmental impact statement
or similar analysis required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(E) preparation of a final environmental impact statement
or similar analysis required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(F) any consultations required under applicable law;
(G) submission and review of any comments required under
applicable law;
(H) publication of any public notices required under
applicable law; and
(I) any final or interim decisions.
(2) Time limit for permitting process.--Except if extended
by mutual agreement of the project proponent and the lead
agency, the time period for the total review process
described in paragraph (1) shall not exceed 30 months.
(e) Limitation on Addressing Public Comments.--The lead
agency shall not be required to address any agency or public
comments that were not submitted--
(1) during a public comment period or consultation period
provided during the permitting process; or
(2) as otherwise required by law.
(f) Financial Assurance.--The lead agency shall determine
the amount of financial assurance required for reclamation of
a mineral exploration or mining site, on the condition that
the financial assurance shall cover the estimated cost if the
lead agency were to contract with a third party to reclaim
the operations according to the reclamation plan, including
construction and maintenance costs for any treatment
facilities necessary to meet Federal, State, or tribal
environmental standards.
(g) Projects Within National Forests.--With respect to
projects on National Forest System land, the lead agency
shall--
(1) exempt from the requirements of part 294 of title 36,
Code of Federal Regulations (or successor regulations)--
(A) all areas of identified mineral resources in land use
designations, other than nondevelopment land use
designations, in existence on the date of enactment of this
division; and
(B) all additional routes and areas that the lead agency
determines necessary to facilitate the construction,
operation, maintenance, and restoration of an area described
in paragraph (1); and
(2) continue to apply the exemptions described in paragraph
(1) after the date on which approval of the minerals plan of
operations described in section 3(4)(B)(ii) for the National
Forest System land.
(h) Application to Existing Permit Applications.--
(1) In general.--This section applies to a mineral
exploration or mine permit for which an application was
submitted before the date of enactment of this division if
the applicant for the permit submits a written request to the
lead agency for the permit.
(2) Implementation.--The lead agency shall begin
implementing this section with respect to an application
described in paragraph (1) not later than 30 days after the
date on which the lead agency receives the written request
for the permit.

SEC. 4805. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION
AND MINING PROJECTS.

(a) Departmental Review.--Absent any extraordinary
circumstances, as determined by the Secretary of the Interior
or the Secretary of Agriculture, as applicable, and except as
otherwise required by law, the Secretary of the Interior or
the Secretary of Agriculture, as applicable, shall ensure
that each Federal Register notice associated with the
issuance of a mineral exploration or mine permit and required
by law shall be--
(1) subject to any required reviews within the Department
of the Interior or the Department of Agriculture, as
applicable; and
(2) published in final form in the Federal Register not
later than 45 days after the date of initial preparation of
the notice.
(b) Preparation.--The preparation of any Federal Register
notice described in subsection (a) shall be delegated to the
organizational level within the lead agency.
(c) Transmission.--All Federal Register notices described
in subsection (a) regarding official document availability,
announcements of meetings, or notices of intent to undertake
an action shall originate in, and be transmitted to the
Federal Register from, the office in which, as applicable--
(1) the documents or meetings are held; or
(2) the activity is initiated.

SEC. 4806. SECRETARIAL ORDER NOT AFFECTED.

This division shall not apply to any mineral described in
Secretarial Order 3324, issued by the Secretary of the
Interior on December 3, 2012, in any area to which the order
applies.

The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Nevada (Mr. Amodei) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Nevada.
Mr. AMODEI. Mr. Chairman, I yield myself 1 minute.
My amendment would streamline the permitting process for production
of minerals deemed critical and strategic for national security and
other infrastructure needs.
What does the word ``streamline'' mean? If you read the amendment, it
means 30 months. Now, I am a little embarrassed to tell you that
streamline is 30 months, but unless the parties agree to something
longer, it is 30 months.
When you say ``deemed critical,'' if you read the amendment, you will
see multiple pages basically paying respect to the NEPA process and
also setting forth due process and asking for a Federal representative
of the lead agency to coordinate Federal permitting actions so that we
proceed as expeditiously as possible when there is, in fact, a need
that affects the Armed Services of our country for supply chain and
things like that that are critical.
Mr. Chair, I reserve the balance of my time.
Mr. LOWENTHAL. Mr. Chair, I rise in opposition to the amendment
The Acting CHAIR (Mr. Barton). The gentleman from California is
recognized for 5 minutes.
Mr. LOWENTHAL. Mr. Chair, I yield myself such time as I may consume.
Mr. Chairman, this amendment is simply an attempt to waive portions
of our environmental laws for all--and I use the word ``all''--new
mines by pretending that these mines are essential for national
security.
Under this amendment, even sand and gravel--yes, sand and gravel--
would become a critical and strategic mineral. The proponents of this
amendment have argued in the past that sand and gravel are extremely
important when you need to build roads. I will agree with that; it is.
But this is a deliberate distortion of the meaning of what is a
critical mineral.
When it comes to minerals, just because something is important does
not mean that it is critical. When someone is in critical condition in
the hospital, that doesn't simply mean that their condition is
important. It has a specific meaning. The same is true for critical
minerals.
All reputable definitions of critical minerals make it clear that
there must be a risk of losing access to the mineral for it truly to be
called critical. Even the definition from an executive order signed by
President Trump just 5 months ago says that a critical mineral has to
have a supply chain that is vulnerable to disruption.

{time} 1500

In the final list of critical minerals identified by the Secretary of
the Interior published just last week, the department states that it
recognizes the economic significance and indispensable nature of
minerals such as sand and gravel. But it also states: `` . . . these
minerals do not currently meet the definition of critical'' because we
are not reliant on imports and we have access here in the United States
to adequate domestic sources.
Simply put, we are not at risk of losing access to our supplies of
sand and gravel, and no foreign government is threatening to close down
our quarries.
We should not be waiving environmental laws for every single mineral
simply because it is important for something.
Supporters of the amendment say a broad definition is needed because
what is and isn't critical changes all the

[[Page H4660]]

time, so we shouldn't tie our hands. But I point out, it only took 4
months for the Interior Department of this administration to publish
their final list of critical minerals, and that is starting from
scratch.
Clearly the existing process is already very quick and very flexible.
There is no need to define everything as critical and weaken
environmental protections for all mines just so a mining company
doesn't have to wait 4 months.
Also, if this amendment looks familiar to many of my colleagues, that
is because it is language that has come out of the Natural Resources
Committee on a party line vote in each of the past four Congresses. In
the past three Congresses it passed the House, again on a party line
vote, only to go nowhere in the Senate.
The reason why it goes nowhere in the Senate is because that body
understands what the definition of a critical and strategic mineral is.
This amendment would have similar luck in the Senate, and it has no
business being added to a defense authorization bill.
Mr. Chairman, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mr. AMODEI. Mr. Chairman, I yield 1 minute to the gentleman from
Arizona (Mr. Gosar).
Mr. GOSAR. Mr. Chairman, I rise today in support of my good friend
and colleague, Representative Amodei's, amendment.
The amendment aims to streamline a bureaucratic process that is
hampering the production of defense critical metals and minerals.
Strategic and critical minerals are important to national security and
help provide our troops with the equipment and weapons they need to
keep us safe.
A nonclassified defense study recently found that failure to have a
reliable supply chain for at least 16 of the 35 critical minerals has
already caused significant weapon system production delays for the
Department of Defense.
A recent report published by the Department of the Interior and the
U.S. Geological Survey found the U.S. is 100 percent net import reliant
on foreign countries, including China, for 20 different critical
minerals. Such reliance threatens our national security as well as our
ability to make equipment and weapons that our troops need to be
successful in their missions.
I applaud Representative Amodei and his strong leadership and
tireless efforts to support the needs of our men and women in uniform,
and I urge the adoption of this amendment.
Mr. LOWENTHAL. Mr. Chairman, I reserve the balance of my time.
Mr. AMODEI. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, it is good to hear that my colleagues from the Golden
State think that the administration is doing a good job in this area in
some respects, and it is good to hear about concerns about the State of
Kentucky.
But let's talk about what is actually in the amendment.
So let's talk about what is not in the amendment first. First of all,
there is nothing in the amendment that says you must approve a request
to be considered a strategic critical mineral. So when we talk in the
context of, oh, gee, this could be sand and gravel, some Federal land
manager in the executive department, under the provisions in this
amendment, has to find that. By the way, there are multiple pages
saying how they go about that. So it is 30 months. Guess what? After
that 30 months, you don't get a yes.
So when we talk about how the sky is going to fall, let's keep in
mind that if you can't satisfy them on whatever it is that is critical,
then guess what? You may get a no, as should be done if it doesn't
satisfy that.
So to indicate in context that this is something that is going to
make everything critical omits the whole application process and omits
the consideration process that goes over 30 months.
Now, I just want to point out a couple other things, because, quite
frankly, although maybe the other side thinks that the crystal ball
that the administration has is an excellent one, I beg to differ. Since
we are talking about things that happened in specific States, let's
talk about the Loma Prieta earthquake that happened in northern
California a while back that, quite frankly, shut down freeways--major
arteries--in the bay area.
Now, I don't know if sand and gravel would have been appropriate and
critical for that, but guess what? To those people in the bay area who
wanted that transportation infrastructure open, they wanted it open as
soon as possible. So if we have to wait for 30 months to haul loads of
sand and gravel and make concrete to get the 580 or the 680, or
whatever it was, in the East Bay open, then perhaps there was an
argument for that. I don't know, unless something like that happens
again.
But for those minerals that are critical to our healthcare industry,
our defense industry, and all of those sorts of things, they ought to
have the opportunity to apply and see if they get told yes or no in 30
months.
Mr. Chairman, I yield back the balance of my time.
Mr. LOWENTHAL. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Nevada (Mr. Amodei).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LOWENTHAL. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Nevada will
be postponed.

Amendment No. 10 Offered by Mr. McGovern

The Acting CHAIR. It is now in order to consider amendment No. 10
printed in House Report 115-702.
Mr. McGOVERN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

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

SEC. 5__. ATOMIC VETERANS SERVICE MEDAL.

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

The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Massachusetts (Mr. McGovern) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. McGOVERN. Mr. Chairman, this is an amendment that I am offering
along with my colleague from Minnesota (Mr. Emmer). I want to thank him
for his leadership on this issue.
Our amendment would very simply create a service medal to be awarded
to atomic veterans or their surviving family members in honor of their
service and sacrifice to our Nation.
Between 1945 and 1962, about 225,000 members of our Armed Forces
participated in hundreds of nuclear weapons tests. Now known as atomic
veterans, these GIs were placed in extremely dangerous areas and were
constantly exposed to potentially dangerous levels of radiation in
performance of their duties. They were sworn to secrecy, unable to even
talk to their doctors about their past exposure to radiation.
Thankfully, Presidents Bill Clinton and George H.W. Bush recognized
the atomic veterans' valiant service and acted to provide specialized
care and compensation for their harrowing duty.
In 2007, our allies Great Britain, New Zealand, and Australia,
enacted their versions of this amendment by authorizing a medal to
honor their atomic veterans who served with the United States.
Regrettably, the Pentagon remains silent on honoring the service of
our atomic veterans, arguing that to do so would diminish the service
of other military personnel who are tasked with dangerous missions. Mr.
Chairman, this is a pitiful excuse.
Tragically, more than 75 percent of atomic veterans have already
passed

[[Page H4661]]

away, never having received this recognition. They served honorably and
kept a code of silence that most certainly led to many of these
veterans passing away prematurely.
Past administrations and Congresses have dealt with thornier issues
of legality and compensation. What remains is recognizing these
veterans' duty, honor, and faithful service to our Nation.
I want to thank my colleagues in the House for unanimously voting
favorably last year by a vote of 424-0. I was shocked when the Service
Medal was not included in the conference report. So I am urging my
colleagues to join me in voting for this amendment again. Let us send a
message to the Senate that this is important and that we are not going
to give up. Together we can show them that we are serious about
honoring this brave and distinguished group of patriotic Americans.
We owe it to our atomic veterans to recognize them for their selfless
service to our Nation.
Mr. Chairman, let me close by saying, our veterans who are now known
as atomic veterans served this country with great distinction. When
they left the service they raised our families, they worked in our
factories, and they contributed to our communities. They are getting
older. Let us not wait until there are no surviving atomic veterans
before we do the right thing.
I ask my colleagues to join me in honoring our atomic veterans. This
is the right thing to do. It is shameful that we have not been able to
do this sooner. I am confident that maybe this is the moment where we
will do the right thing.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. McGovern).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. McGOVERN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.

Amendment No. 13 Offered by Mr. McKinley

The Acting CHAIR. It is now in order to consider amendment No. 13
printed in House Report 115-702.
Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

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

SEC. 8__. ADDITION OF DOMESTICALLY PRODUCED DINNER WARE TO
THE BERRY AMENDMENT.

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

The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from West Virginia (Mr. McKinley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. McKINLEY. Mr. Chairman, I rise in support of my amendment to H.R.
5515.
Let's put this in historical context: In 1941, Congress passed the
Berry amendment, which requires the Department of Defense to purchase
certain items only from American companies. That list includes
American-made products and already includes textiles, clothing, shoes,
food, and certain tools. Our amendment would simply add dinnerware.
America has some of the best and most talented producers of nontoxic,
lead-free dinnerware in the globe. Companies like Coors in Tucson,
Arizona; Emerson Creek in Bedford, Virginia; and Homer Laughlin in West
Virginia.
It makes common sense that when we purchase equipment for our
military, whether it is weapons, food or supplies, it is incumbent upon
us to consider American jobs as well.
This amendment solidifies that belief. It shows our strong support
for American manufacturing and already has been supported and endorsed
by the Alliance for American Manufacturing. Importantly, it would
ensure access to safe dinnerware for our military, free from lead or
other carcinogenic materials.
According to the National Institutes of Health and the Food and Drug
Administration, there have been numerous violations involving lead and
other contaminants in dinnerware coming from China, Mexico, and other
suppliers around the world leading to concerns for their use by
American troops.
Mr. Chairman, I urge my colleagues to stand with American
manufacturers, safety and health concerns, and the jobs that are
created in our communities by supporting this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I appreciate and understand all Members' desire to not
only support jobs in their district, but to support American
manufacturing. I share, of course, that goal. At the same time, I must
oppose this amendment because there is simply no national security
justification to mandate where DOD buys its plates and mugs.
Now, there was a view in the past that textiles, food, and certain
tools were essential for the health and well-being of our military and
related to their combat effectiveness. It is absolutely true that we
have had troops die from exposure to tainted food, and that not having
the appropriate tools has had an effect on the quality of our weaponry.

{time} 1515

I have never heard that argument apply when it comes to plates and
bowls and knives or forks and spoons that we are about to discuss with
the next amendment.
Mr. Chairman, adding this mandate hurts our troops because if these
suppliers of plates are the best price, then that is what DOD buys. But
if it costs more to buy these plates, that money has to come from
somewhere. And that money will come from bullets or fuel or other
things that are essential for our troops to have. I cannot tell you how
many fewer bullets the Pentagon will be able to buy because they have
to pay more for their bowls and plates and mugs.
I also can't tell you how much more exactly the Pentagon will expend
in ensuring compliance with this mandate, to do the studies to check
the quality, to have a report if they should fall in one of the
exceptions, which are all there within the law. But I know it will be
some.
Some money, some added bureaucracy is too much. As a matter of fact,
the underlying bill is trying to go the other way and get more
resources into the hands of our warfighters to increase what we send to
the tooth and reduce the tail.
I would just say one other point at this point, Mr. Chairman.
Where does this stop? Where does this end?
Last year, we had knives and forks and spoons. This year, we have got
plates and mugs. Does it next go to the trays that they carry their
food on? What about the plastic cups that they may drink from?
Do we just keep rolling with this and go all the way to the hand soap
and toilet paper in the bathroom?
I don't know where it stops. If there is not a national security
justification to put this added cost and added mandate, we should not
do it to our troops. Therefore, I must oppose the gentleman's amendment
and other amendments that are not related to national security.
Mr. Chairman, I reserve the balance of my time.
Mr. McKINLEY. Mr. Chairman, I appreciate the remarks of the chairman.
As far as it relates to national security, our schools and our
hospitals all across America consider it a serious enough situation on
their chinaware because of the lead content and other carcinogenic
materials that they have mandated for the health of our children across
America that they must have lead-free chinaware.
But, unfortunately, what is happening for our military is that we
don't

[[Page H4662]]

have that requirement. By putting lead-free American products in, we
would be able to have control. You say our troops can get sick from
tainted food. They can get sick as well from the plates that they eat
from if it migrates out of the material into their food when you put
hot contents on it or cook it in a microwave. Those things can happen
with that.
If the schools and the hospitals think it is enough of a concern that
they make this mandate, quite frankly, I think we ought to consider the
same thing for our troops so that they are not made sick.
As far as the price and the quality, if that language in the Berry
amendment deals with satisfactory quality and fair price is the
standard, all we are doing is adding that to it.
So I don't see that issue being valid on this, because if it is not
good quality, even if it is American-made, you are going to be able at
a very minimum to acquire it from someone else at the same time.
Mr. Chairman, again, I urge my colleagues to stand with us on this
issue of American-made products safe for our troops.
Mr. Chairman, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield myself the balance of my time
simply to say: Mr. Chairman, before we add this additional burden on
our troops and what we provide to them, there ought to be a scintilla
of evidence that this is a problem with the military.
Saying, well, somebody might get sick some day is not sufficient to
say we are going to take more money away from your needs and put it
into plates and mugs. We have got to have a sense of priority and a
sense of evidence of where the real problems are.
Mr. Chairman, therefore, I oppose the gentleman's amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from West Virginia (Mr. McKinley).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. McKINLEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from West
Virginia will be postponed.

Amendment No. 19 Offered by Ms. Tenney

The Acting CHAIR. It is now in order to consider amendment No. 19
printed in House Report 115-702.
Ms. TENNEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

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

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

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

The Acting CHAIR. Pursuant to House Resolution 908, the gentlewoman
from New York (Ms. Tenney) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from New York.
Ms. TENNEY. Mr. Chairman, once again, I stand on the floor of this
great body to urge my colleagues to support American manufacturing and
American workers.
The first shovel was struck into the ground in Rome, New York, to
build the Erie Canal, which started the Industrial Revolution in
America on July 4, 1817. We were booming. Paul Revere started his
company there. Remington Arms was founded just down the road in Ilion,
New York, which supplied our military with firearms. These two iconic
companies remain, but many more have left.
Throughout our Nation and the region that I represent, factories that
once boomed with activity and production are now shuttered and empty.
Meanwhile, an entire segment of the population has been pushed out of
the workforce.
President Trump described the America we know in central New York in
his first inaugural speech: Our manufacturing plants are now ``rusted
out factories scattered like tombstones across the landscape.''
In the 22nd District, the Rust Belt of New York, and in many other
regions across this Nation, economic activity has been on a consistent
downturn. Well-paying manufacturing jobs have become increasingly hard
to come by, leaving former industrial communities like ours empty as
families and businesses flee in droves. In my home State of New York,
we have lost 1 million residents since 2010 alone.
Here in Washington and in State capitals across the country, special
interests have been placed before the American worker. It is time to
put our citizens and our workforce first.
Mr. Chairman, the amendment that I have introduced will level the
playing field for American companies, and it will show our American
workforce that they have not been forgotten. And importantly, it will
reduce our military's dependence on foreign goods.
For 30 years, the Berry amendment included a domestic sourcing for
stainless steel flatware. However, in 2006, the provision was removed
when Oneida Limited, once in our region, the sole Berry-compliant
manufacturer in the U.S., closed its U.S.-based factories and moved its
operations to China, where almost all flatware is now manufactured.
In a true American comeback story worthy of a Hollywood Cinderella
story, two former Oneida Limited employees opened a new company,
Sherrill Manufacturing.
Greg Owens and Matt Roberts purchased Oneida's closed factory and old
equipment. They refurbished the old equipment and opened Sherrill
Manufacturing. They hired many former Oneida Limited employees and now
have a workforce of nearly 80. The product line Sherrill employees
create is appropriately known as Liberty Tabletop.
This former factory ``tombstone'' on our landscape is now a symbol of
American ingenuity, craftsmanship, hard work, and freedom.
The story of rebirth has given hope to my district. Sherrill
Manufacturing has a strong and proven record of selling high-quality
products at market prices. Since 2008, Sherrill has been among the top
providers of flatware to the Department of Defense and the General
Services Administration, fulfilling more than $6.8 million in Federal
contracts over the subsequent 8 years.
While I understand that there may be some concerns that this domestic
sourcing provision will increase costs, GSA has already found
Sherrill's flatware to be offered at ``fair and reasonable'' prices,
which is a major reason why the agency already purchases flatware from
Sherrill.
Most importantly, my amendment retains all existing waivers under the
Berry amendment, unlike some other Berry amendments. In the case of
negative changes to price or quality, the Department of Defense can use
other sources of flatware, including in other countries. Under this
amendment, it doesn't cost the Department of Defense anything to use
Sherrill.
Mr. Chairman, at this time, it is true that the only current Berry-
compliant flatware manufacturer is located in my district. It is
Sherrill. However, that does not mean that others who support domestic
manufacturing cannot begin production and comply with this amendment.
Opening a door for American manufacturers can encourage entrepreneurs
across the country to start an operation of their own. My amendment
encourages the American, free market principles of competition and
ingenuity. Again, this amendment does not cost the Department of
Defense.
Passing this amendment will prove to American entrepreneurs and
visionaries that Congress' stated support for American jobs and
American manufacturing is not merely just lip service. It shows
Congress is committed to putting our Nation back on the path to
prosperity.
I would like to thank my colleagues who had cosponsored this
bipartisan amendment: My fellow New Yorker, Representative John Katko,
who has 15

[[Page H4663]]

businesses in the neighboring New York district he represents that are
a part of the Sherrill Manufacturing supply chain; Representatives
Poliquin and Lipinski, both great supporters of domestic sourcing and
Buy America; Representative Walter B. Jones, a dedicated member of the
House Armed Services Committee; and Representative Tim Ryan, an
outspoken advocate for American manufacturing.
The Acting CHAIR. The time of the gentlewoman from New York has
expired.
Mr. THORNBERRY. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Chairman, I yield 30 seconds to the gentlewoman
from New York (Ms. Tenney).
Ms. TENNEY. Mr. Chairman, again, I want to emphasize that this
amendment supports American manufacturing, helps a domestic supply
chain that spans 40 congressional districts from New York to
California, and decreases the Department of Defense's dependence on
foreign producers and goods.

Removing the variability and uncertainty that comes with foreign
sourcing of necessary materials for our military is the smart thing to
do, considering almost all our goods of this type are now made in
China.
Mr. Chairman, today we have the opportunity to give American
manufacturing the boost it deserves, while adding a measure of
certainty to DOD procurement, and I urge my colleagues to support this
amendment.
Mr. THORNBERRY. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I again want to express my admiration for the
gentlewoman from New York and her advocacy for workers and businesses
in her district. But I must oppose the amendment.
The fundamental question before the House is: Are we going to inflict
higher costs on the Department of Defense with a mandate that requires
where the Department buys its forks and spoons and knives and plates
and mugs?
That is the question.
If any of these suppliers provide the best price, that is where DOD
is going to go buy them. So these amendments, both the last one and
this one, only become relevant if the costs are higher and we are
making DOD buy the higher-priced items anyway.
Now, as I mentioned, there may be some justification for that when
there is a vital national security concern. But when it comes to forks
and plates, I don't think that exists.
So the only way these amendments matter is if it forces DOD to pay
more. And when it forces DOD to pay more for plates and bowls and forks
and knives, then you are taking money away from bullets and fuel and
guns and ships and the things that help keep America safe.
Mr. Chairman, creating domestic jobs is not the primary mission of
the Department of Defense. Our focus, the Department's focus and our
focus in this bill when it comes to this Congress, is to protect the
Nation and to support the men and women who risk their lives for us. We
have got to give them everything they need to do their job. We should
not do anything that would divert from that.
So I, again, with all admiration for the gentlewoman from New York
and the gentleman from West Virginia, I just say, if we are going to
tell DOD where they have to buy their forks and knives and plates,
where does it end?
I have a manufacturer, I am sure, in my district that would love to
supply the Department of Defense with something or another.

{time} 1530

We cannot go down this road. We must let the Department buy the best
value. That is what I think all Members should support.
Mr. Chair, I oppose the amendment, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New York (Ms. Tenney).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. TENNEY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from New York
will be postponed.
The Chair understands that amendment No. 22 will not be offered.
It is now in order to consider amendment No. 31 printed in House
Report 115-702.
It is now in order to consider amendment No. 32 printed in House
Report 115-702.

Amendment No. 43 Offered by Mr. Engel

The Acting CHAIR. It is now in order to consider amendment No. 43
printed in House Report 115-702.
Mr. ENGEL. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

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

Subtitle __--Matters Relating to Burma

SEC. 12__1. LIMITATION ON SECURITY ASSISTANCE AND SECURITY
COOPERATION.

(a) Limitation on Military and Security Sector
Cooperation.--Except as provided in subsection (b) or
subsection (e), for the 8-year period beginning on the date
of the enactment of this Act, the United States may not
provide security assistance or engage in security cooperation
with the military or security forces of Burma until the date
on which the Secretary of State certifies to the appropriate
congressional committees with respect to security assistance,
as such term is defined in section 502B(d) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(d)), or, in
consultation with the Secretary of Defense, with respect to
security cooperation programs and activities of the
Department of Defense, as such term is defined in section 301
of title 10, United States Code, as applicable, that the
military and security forces of Burma have demonstrated
significant progress in abiding by international human rights
standards and are undertaking meaningful and significant
security sector reform, including reforms that enhance
transparency and accountability, to prevent future abuses,
such as--
(1) the Burmese military and security forces adhere to
international humanitarian law, demonstrate significant
progress in abiding by international standards for human
rights, and pledge to stop future human rights abuses;
(2) the Burmese military and security forces support
efforts to carry out meaningful and comprehensive
investigations of alleged abuses and are taking steps to hold
accountable those members of such military and security
forces responsible for human rights abuses;
(3) the Government of Burma, including the military and
security forces, allow immediate and unfettered humanitarian
access to communities in areas affected by conflict,
including Rohingya communities in the State of Rakhine;
(4) the Government of Burma, including the military and
security forces, cooperates with the United Nations High
Commissioner for Refugees and organizations affiliated with
the United Nations to ensure the protection of displaced
persons and the safe, voluntary, and dignified return of
refugees and internally displaced persons;
(5) the Burmese military and security forces cease their
attacks against ethnic minority groups and constructively
participate in the conclusion of a credible, nationwide
ceasefire agreement, political accommodation, and
constitutional change, including the restoration of the
citizenship of the Rohingya;
(6) the Government of Burma, including the military and
security forces, defines a transparent plan with a timeline
for professionalizing the military and security forces and
includes a process by which the military withdraws from
private-sector business enterprises and ceases involvement in
the illegal trade in natural resources and narcotics; or
(7) the Government of Burma establishes effective civilian
control over the finances of its military and security
forces, including by ensuring that the military does not have
access to off-budget income and that military expenditures
are subject to adequate civilian oversight.
(b) Exceptions.--
(1) Certain existing authorities.--The Secretary of Defense
shall retain the authority granted by section 1253 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (22 U.S.C. 2151 note)
and is authorized to provide the Government of Burma with
assistance necessary to make available the activities
described in subsection (a) of such section.
(2) Hospitality.--The Secretary of State and the United
States Agency for International Development may provide
assistance authorized under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) to provide hospitality
during research, dialogues, meetings, or other activities by
the parties attending the Union Peace Conference 21st Century
Panglong or related processes seeking inclusive, sustainable
reconciliation.

[[Page H4664]]

(c) Military Reform.--The certification required under
subsection (a) shall include a written justification in
unclassified form that may contain a classified annex
describing the Burmese military's efforts to implement
reforms, end impunity for human rights abuses, and increase
transparency and accountability.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense and the Secretary of State shall submit
to the appropriate congressional committees a report, in
unclassified form with a classified annex, on the strategy
and plans for military-to-military engagement between the
United States Armed Forces and the military and security
forces of Burma.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description and assessment of the Government of
Burma's strategy for security sector reform, including plans
to withdraw the military from owning or controlling private-
sector business entities and end involvement in the illicit
trade in jade and other natural resources, reforms to end
corruption and illicit drug trafficking, and constitutional
reforms to ensure civilian control.
(B) A list of ongoing military activities conducted by the
United States Government with the Government of Burma, and a
description of the United States strategy for future
military-military engagements between the United States and
Burma's military and security forces, including the military
of Burma, the Burma Police Force, and armed ethnic groups.
(C) An assessment of the progress of the military and
security forces of Burma towards developing a framework to
implement human right reforms, including--
(i) cooperation with civilian authorities to investigate
and prosecute cases of serious, credible, or gross human
rights abuses;
(ii) steps taken to demonstrate respect for and
implementation of the laws of war; and
(iii) a description of the elements of the military-to-
military engagement between the United States and Burma that
promote such implementation.
(D) An assessment of progress on the peaceful settlement of
armed conflicts between the Government of Burma and ethnic
minority groups, including actions taken by the military of
Burma to adhere to cease-fire agreements, allow for safe and
voluntary returns of displaced persons to their homes, and
withdraw forces from conflict zones.
(E) An assessment of the Burmese's military recruitment and
use of children as soldiers.
(F) An assessment of the Burmese's military's use of
violence against women, sexual violence, or other gender-
based violence as a tool of terror, war, or ethnic cleansing.
(e) Waiver.--
(1) In general.--The Secretary of State, with respect to
security assistance, and the Secretary of Defense in
consultation with the Secretary of State, with respect to
security cooperation programs and activities of the
Department of Defense, may waive on a case-by-case basis the
application of the limitation under subsection (a) if the
Secretary submits to the appropriate congressional
committees, not later than 30 days before such waiver enters
into effect--
(A) a list of the activities and participants to which such
waiver would apply;
(B) a certification, including a justification, that the
waiver is in the national interest of the United States; and
(C) a certification that none of the participants listed
pursuant to subparagraph (A) have committed any of the acts
described in section 12_2(a)(1)(A) or 12_2(a)(1)(B) or
committed any other gross violation of human rights, as such
term is defined for purposes of section 362 of title 10,
United States Code.

SEC. 12__2. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN
FOREIGN PERSONS.

(a) In General.--For the 8-year period beginning on the
date that is 270 days after the date of the enactment of this
Act, the President shall impose the sanctions described in
subsection (b) with respect to each foreign person that the
President determines--
(1) is a current or former senior official of the military
or security forces of Burma who knowingly--
(A) perpetrated or is responsible for ordering or otherwise
directing serious human rights abuses in Burma; or
(B) has taken significant steps to impede investigations or
prosecutions of serious human rights abuses allegedly
committed by one or more subordinates of such official,
including against the Rohingya community in the state of
Rakhine;
(2) is an entity owned or controlled by any person
described in paragraph (1);
(3) has knowingly provided or received significant
financial, material, or technological support to or from a
foreign person, including the immediate family members of
such person, described in paragraph (1) for any of the acts
described in subparagraph (A) or (B) of such paragraph.
(b) Sanctions.--The sanctions described in this section are
the following:
(1) Asset blocking.--Notwithstanding the requirements of
section 202 of the International Emergency Economic Powers
Act (50 U.S.C. 1701), the exercise of all powers granted to
the President by such Act to the extent necessary to block
and prohibit all transactions in all property and interests
in property of a person the President determines meets one or
more of the criteria described in subsection (a) if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien who the
Secretary of State or the Secretary of Homeland Security (or
a designee of one of such Secretaries) knows, or has reason
to believe, meets any of the criteria described in subsection
(a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or
a designee of one of such Secretaries) shall revoke any visa
or other entry documentation issued to an alien who meets any
of the criteria described in subsection (a) regardless of
when issued.
(ii) Effect of revocation.--A revocation under clause (i)--

(I) shall take effect immediately; and
(II) shall automatically cancel any other valid visa or
entry documentation that is in the alien's possession.

(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (2) shall not apply to
an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(4) Exception with respect to the importation of goods.--
The authorities and requirements to impose sanctions under
this section shall not include any authority or requirement
to impose sanctions with respect to the importation of goods,
as such term is defined in section 16 of the Export
Administration Act of 1979 (50 U.S.C. 4618) (as continued in
effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.))).
(c) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out subsection (b) shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) Implementation.--The President may exercise the
authorities provided under section 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(e) Waiver.--
(1) In general.--The President may annually waive the
application of sanctions required by subsection (a) with
respect to a person if the President--
(A) determines that such waiver is in the national interest
of the United States; and
(B) not later than the date on which such waiver will take
effect, submits to the congressional committees listed in
paragraph (2) a notice of and justification for such waiver.
(2) Congressional committees listed.--The congressional
committees listed in this paragraph are the following:
(A) The Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Financial Services of
the House of Representatives.
(B) The Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(f) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, means that a person
has actual knowledge, or should have known, of the conduct,
the circumstance, or the result.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien lawfully admitted for
permanent residence to the United States, or any other
individual subject to the jurisdiction of the United States;
or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such entity.

SEC. 12__3. RESPONSIBILITY AND TRANSPARENCY IN THE MINING
SECTOR.

(a) List of Participating Entities.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and not less than annually
thereafter until the date described in subsection (e), the
Secretary of State shall submit to the appropriate
congressional committees a list of the

[[Page H4665]]

entities described in each of subparagraphs (A) and (B) of
paragraph (2) that--
(A) participate in Burma's mining sector;
(B) meet the criterion described in subsection (b)(1); and
(C) meet or have made significant progress towards meeting
the criteria in subsections (b)(2) through (b)(5).
(2) Entities described.--The entities described in this
paragraph are the following:
(A) Entities that produce or process precious and
semiprecious gemstones.
(B) Entities that sell or export precious and semiprecious
gemstones from Burma or articles of jewelry containing such
gemstones.
(b) Criteria Described.--The criteria described in this
subsection are the following with respect to an entity:
(1) The entity publicly discloses beneficial ownership, as
such term is defined for purposes of the Myanmar Extractive
Industry Transparency Initiative (Myanmar EITI), and the
entity is not owned or controlled, either directly or
indirectly, by the Burmese military or security forces, any
current or former senior Burmese military officer, or any
person sanctioned by the United States pursuant to any
relevant sanctions authority.
(2) The entity publicly discloses any politically exposed
persons, as defined by the Myanmar EITI, who are beneficial
owners, as defined under the Myanmar EITI.
(3) The entity publicly discloses valid authorization,
license, or permit to produce, process, sell, or export
minerals or gemstones, as applicable.
(4) The entity publicly discloses payments to the
Government of Burma, including tax and non-tax, license, or
royalty payments, and other payments or contract terms as may
be required under Myanmar Extractive Industry Transparency
Initiative standards.
(5) The entity undertakes robust due diligence, in line
with the OECD Due Diligence Guidance for Responsible Supply
Chains of Minerals from Conflict-Affected and High-Risk
Areas, including public reporting.
(c) Publication of List.--The Secretary of State shall
publish the list under subsection (a) and shall periodically
update such list as appropriate.
(d) Guidance.--The Secretary of State shall issue guidance
to relevant companies regarding supply-chain due diligence
best practices applicable to importation of gemstones or
minerals that may be of Burmese origin or articles of jewelry
containing such gemstones to mitigate the potential risks
associated with the importation of such items.
(e) Termination.--The requirement under subsection (a)
shall terminate on the date on which the President certifies
to the appropriate congressional committees that the
Government of Burma has taken substantial measures to reform
the mining sector in Burma, including the following:
(1) Requiring the mandatory disclosure of payments, permit
and license allocations, project revenues, relevant contract
terms, and beneficial ownership, including identifying any
politically exposed persons who are beneficial owners,
consistent with the approach agreed under the Myanmar EITI
and with due regard for civil society participation.
(2) Separating the commercial, regulatory, and revenue
collection responsibilities within the Myanmar Gems
Enterprise and other key state-owned enterprises to remove
existing conflicts of interest.
(3) Monitoring and undertaking enforcement actions, as
warranted, to ensure that entities fully adhere to
environmental and social impact assessment and management
standards in accordance with international responsible mining
practices, the country's environmental conservation law and
other applicable laws and regulations, and that they uphold
occupational health and safety standards and codes of conduct
that are aligned with the core labor standards of the
International Labour Organisation and domestic law.
(4) Actively seeking a comprehensive peace agreement that
addresses the transparent and fair distribution of benefits
from natural resources, including local benefit-sharing,
taking into consideration proposals on fiscal federalism for
new governance arrangements in resource-rich regions.
(5) Implementing on a timely basis policy reforms aligned
with the recommendations of the multi-stakeholder Jade and
Gemstone Support Committee and reporting regularly on such
reforms.
(6) Reforming the process for valuation of gemstones at the
mine-site, including developing an independent valuation
system to prevent undervaluation and tax evasion.
(7) Requiring companies bidding for jade and ruby permits
to be independently audited upon the request of Myanmar Gems
Enterprise or the Minister of Natural Resources and
Environmental Conservation, and making the results of all
such audits public.
(8) Establishing a credible and transparent permitting
process that closely scrutinizes applicants, including based
on past performance, and prevents unscrupulous entities from
gaining authorized access to concessions or the right to
trade in minerals or gemstones.
(9) Establishing effective oversight of state-owned
enterprises operating in such sector, including through
parliamentary oversight or requirements for independent
financial auditing.

SEC. 12__4. DETERMINATION AND REPORT ON ACCOUNTABILITY FOR
ETHNIC CLEANSING, CRIMES AGAINST HUMANITY, AND
GENOCIDE IN BURMA.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
that--
(1) describes--
(A) allegations of ethnic cleansing, crimes against
humanity, and genocide in Burma; and
(B) potential transitional justice mechanisms in Burma; and
(2) includes a determination whether the events that took
place in the state of Rakhine in Burma, starting on August
25, 2017, constitute ethnic cleansing, crimes against
humanity, or genocide.
(b) Elements.--The report required under subsection (a)
shall include--
(1) a description of--
(A) incidents that may constitute ethnic cleansing, crimes
against humanity, or genocide committed by the Burmese
military against the Rohingya minority and the identities of
any other actors involved in such incidents;
(B) the role of the civilian government in the commission
of such incidents;
(C) incidents that may constitute ethnic cleansing, crimes
against humanity, or genocide committed by violent extremist
groups or anti-government forces;
(D) incidents that may violate the principle of medical
neutrality and, to the extent possible, the identities of any
individuals who engaged in or organized such incidents; and
(E) to the extent possible, a description of the
conventional and unconventional weapons used for such crimes
and the sources of such weapons;
(2) a description and assessment by the Department of
State, the United States Agency for International
Development, the Department of Justice, and other appropriate
Federal departments and agencies of programs that the United
States has already undertaken or is planning to undertake to
ensure accountability for ethnic cleansing, crimes against
humanity, and genocide perpetrated against the Rohingya by
the military and security forces of Burma, the state
government of Rakhine, Buddhist militias, and all other armed
groups fighting in Rakhine, including programs to--
(A) train civilian investigators within and outside of
Burma and Bangladesh on how to document, investigate, develop
findings of, and identify and locate alleged perpetrators of
ethnic cleansing, crimes against humanity, or genocide in
Burma;
(B) promote and prepare for a transitional justice process
or processes for the perpetrators of ethnic cleansing, crimes
against humanity, and genocide occurring in the State of
Rakhine in 2017; and
(C) document, collect, preserve, and protect evidence of
ethnic cleansing, crimes against humanity, and genocide in
Burma, including by providing support for Burmese,
Bangladeshi, foreign, and international nongovernmental
organizations, the United Nations Human Rights Council's
investigative team, and other entities engaged in such
investigative activities; and
(3) a detailed study of the feasibility and desirability of
potential transitional justice mechanisms for Burma,
including a hybrid tribunal, to address ethnic cleansing,
crimes against humanity, and genocide perpetrated in Burma,
including recommendations on which transitional justice
mechanisms the United States should support, why such
mechanisms should be supported, and what type of support
should be offered.
(c) Protection of Witnesses and Evidence.--The Secretary of
State shall take due care to ensure that the identification
of witnesses and physical evidence are not publicly disclosed
in a manner that might place such persons at risk of harm or
encourage the destruction of evidence by the Government of
Burma.
(d) Authorization to Provide Technical Assistance.--
(1) In general.--The Secretary of State is authorized to
provide assistance to support appropriate entities that are
undertaking the efforts described in paragraph (2) with
respect to ethnic cleansing, crimes against humanity, and
genocide perpetrated by the military and security forces of
Burma, the state government of Rakhine, Buddhist militias,
and all other armed groups fighting in Rakhine State.
(2) Efforts against human rights abuses.--The efforts
described in this paragraph are the following:
(A) Identifying suspected perpetrators of ethnic cleansing,
crimes against humanity, and genocide.
(B) Collecting, documenting, and protecting evidence of
such crimes and preserve the chain of custody for such
evidence.
(C) Conducting criminal investigations.
(D) Supporting investigations conducted by other countries,
as appropriate.
(3) Additional support.--The Secretary of State, taking
into account any relevant findings in the report required by
subsection (a), is authorized to support the creation and
operation of transitional justice mechanisms, including a
potential hybrid tribunal, to prosecute individuals suspected
of committing ethnic cleansing, crimes against humanity, or
genocide in Burma.

[[Page H4666]]

SEC. 12__5. APPROPRIATE CONGRESSIONAL COMMITTEES.

In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.

The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from New York (Mr. Engel) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. ENGEL. Mr. Chair, let me say that, since August of 2017, the
Burmese military has inflicted horrific violence against the Rohingya
in Burma's Rakhine State and is, today, using the same tactics against
the Kachin. The result: 700,000 refugees. I didn't get that wrong. It
is 700,000 refugees pushed into Bangladesh. Eighty percent are women
and children, many of whom are now victims of horrific gender-based
violence. It is the sort of treatment ethnic minorities have endured
there for decades.
This a manmade crisis--ethnic cleansing, perhaps genocide--and to
date there has been no accountability. This measure would change that.
It would limit U.S. military-to-military assistance with the Burmese
military until we see progress on human rights and accountability.
It would authorize tough financial sanctions and visa bans against
military and security forces involved in human rights abuses, promote
transparency, and push reform in the Burmese gem sector, a target of
corrupt military influence; and it requires the Secretary of State to
determine what, in addition to ethnic cleansing, might have occurred.
This body has long stood on the side of freedom, democracy, and human
rights in Burma. I urge all Members to join me today in doing the same
thing by supporting this measure.
Mr. Chair, I urge all Members to support this, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Engel).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ENGEL. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.

Amendment No. 50 Offered by Mr. Polis

The Acting CHAIR. It is now in order to consider amendment No. 50
printed in House Report 115-702.
Mr. POLIS. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

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

SEC. 31__. BUDGET REDUCTION FOR WEAPONS ACTIVITIES.

Notwithstanding the amounts set forth in the funding tables
in division D, the amount authorized to be appropriated by
section 3101 for the National Nuclear Security
Administration, as specified in the corresponding funding
table in section 4701, for weapons activities is hereby
reduced by $198,000,000. The amount of such reduction shall
not be available for any purpose other than deficit
reduction.

The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Colorado (Mr. Polis) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Colorado.
Mr. POLIS. Mr. Chair, my amendment, which I am proud to sponsor with
Representative Blumenauer, makes a small, sensible reduction to
unnecessary nuclear weapons spending.
The National Defense Authorization that we have before us this week
authorizes hundreds of millions of dollars for our nuclear weapons
program, even $65 million to reduce an additional low-yield warhead.
While the threats that we face around the world are different than what
they were a few years ago, we cannot afford to sacrifice the fiscal
security of our Nation in the name of national security.
Spending more than we have and more than we need to on the military
makes us less secure, rather than more secure, by mortgaging our future
and that of future generations to those foreign nations which hold our
debt.
My amendment would simply make a small start by reducing the funding
for the National Security Administration's weapons account by $198
million, the exact amount that the agency itself says that it doesn't
need.
Let me be clear: This amendment will maintain all of our nuclear
capabilities and research; but for a body that should be making the
hard choices to get our budget under control, why should we be giving
the National Security Administration more money than they want, need,
or are asking for?
We need to start getting our budget under control. This is a small
step. I offered other amendments that were blocked. This one is
allowed. I hope that my Republican and Democratic colleagues can come
together to show that we are serious about cutting unnecessary spending
and reducing our deficit.
Mr. Chair, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chair, I claim time in opposition to this
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Mr. Chair, I yield myself such time as I may
consume.
I strongly oppose this amendment. This amendment is not about
stewardship of taxpayers' dollars, good government, or setting
priorities. Instead, this amendment is part of a broader, antinuclear
agenda that we see year in and year out.
Let's be clear about what this amendment does. It cuts $145 million
in desperately needed funding for recapitalizing nuclear weapons
production buildings dating back to the 1940s and the 1950s.
Here is a quote from General Klotz, President Obama's NNSA
Administrator, before my subcommittee a few years ago:

Our infrastructure is extensive, complex, and, in many
critical areas, several decades old. More than half of the
NNSA's approximately 6,000 real property assets are over 40
years old, and nearly 30 percent date back to the Manhattan
Project era.
Many of the enterprise's critical utility, safety, and
support systems are failing at an increasing and
unpredictable rate, which poses both programmatic and safety
risk.

That was in 2016. Folks, let me assure you, this problem has not
gotten any better since then. I know that it has only gotten worse
because I have visited all NNSA sites and have seen these deplorable
conditions firsthand.
We are asking the Nation's highly skilled scientists, engineers, and
technicians to design and build our nuclear weapons in buildings that
are literally falling down around them. We have had large chunks of
concrete fall from ceilings into operating workspaces. We have even had
tape and plastic sheathing around 40-year-old pots carrying radioactive
liquids. I have personally seen tarps hung over sensitive diagnostic
equipment to prevent leaking roofs from destroying equipment worth tens
of millions of dollars.
NNSA has a $3.7 billion backlog in deferred maintenance and repair
needs. The funding that this amendment would strip away is sorely
needed to help dig out of this hole. It is unfortunate that the
gentleman does not at least recognize that this amendment would do harm
to the safety of our workers.
I urge my colleagues to recognize this amendment for what it is and
reject this broader agenda to undercut the U.S. nuclear deterrent.
Mr. Chair, I urge a ``no'' vote, and I reserve the balance of my
time.
Mr. POLIS. Mr. Chair, I yield myself such time as I may consume.
Our nuclear arsenal is capable of ending human life on the planet
five to seven times. I don't understand the need for redundancy when it
comes to the extinction of humanity. Once should be more than enough to
kill every man, woman, and child on the face of the planet. My
amendment doesn't address all of that, but it does make a cut of $198
million in unnecessary spending for nuclear weapons.
Mr. Chair, I urge my colleagues to vote ``yes'' on my amendment, and
I yield back the balance of my time.
Mr. ROGERS of Alabama. Mr. Chair, I yield 2 minutes to the gentleman
from Tennessee (Mr. DesJarlais), my friend and colleague and a member
of the Subcommittee on Strategic Forces.

[[Page H4667]]

Mr. DesJARLAIS. Mr. Chair, I join the gentleman in expressing my
opposition to this amendment. The NNSA's mission is, arguably, one of
the most critical national security roles across the U.S. Government.
As my colleague from Alabama pointed out, after years of insufficient
funding, our Nuclear Security Enterprise is now facing a myriad of
infrastructure problems and potential failures. To quote Los Alamos lab
director Dr. Charlie McMillan: ``One of the things that keeps me up at
night is the realization that essential capabilities are held at risk
by the possibility of such failures.''
The amendment offered by the gentleman from Colorado would only
exacerbate these problems. Most of the cuts made by this amendment
would come from high-priority deferred maintenance and infrastructure
repairs. With a $3.7 billion infrastructure and maintenance backlog,
these cuts are unacceptable and pose a serious threat not only to the
NNSA mission, but to the occupational well-being of its employees as
well.

Under the leadership of Chairman Thornberry and Chairman Rogers, the
committee has worked hard over the past 2 years to mitigate these
infrastructure issues and prevent the occurrence of a single-point
failure within the Nuclear Security Enterprise. It is critical that we
continue to push forward with these efforts and resolve these
outstanding issues. As such, I strongly urge my colleagues to oppose
this amendment.
Mr. ROGERS of Alabama. Mr. Chair, I yield 30 seconds to the gentleman
from Texas (Mr. Thornberry), the full committee chairman, for any
comments he may have.
Mr. THORNBERRY. Mr. Chair, the men and women of NNSA are like the
military: they are going to get the job done under whatever conditions
are required. But this amendment affects their work environment, their
health and safety, and whether we can attract and retain top-quality
people. It is the people who would suffer under this; it is not the
mission. I understand people are antinuclear, but it is the people who
would suffer.
As both gentlemen have said, we have a tremendous backlog. This just
helps us catch up a little bit.
Mr. ROGERS of Alabama. Mr. Chair, I urge a ``no'' vote, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Colorado (Mr. Polis).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. POLIS. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
will be postponed.

Amendment No. 55 Offered by Mr. Gallagher

The Acting CHAIR. It is now in order to consider amendment No. 55
printed in House Report 115-702.
Mr. GALLAGHER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Subparagraph (A) of section 1252(c)(2) is amended by adding
at the end the following:
(vii) The abuse of employment and student visa programs to
enter the United States in order to conduct political,
academic, or social influence efforts, or for the purposes of
establishing Chinese Communist Party cells or other entities
under the control or coordination of the Chinese Communist
Party.
(viii) The Chinese Communist Party's coercion or
intimidation of Chinese nationals studying or working in the
United States or outside China.

The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Wisconsin (Mr. Gallagher) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. GALLAGHER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, as a free and open society, the United States has
always drawn in those from around the world seeking to study here, to
live here, individuals seeking to observe and participate in our way of
life. Indeed, we benefit from these visitors when they take on our
values and go home with them.
However, when an individual comes to study and work in the United
States, we must take care both that they are here for their stated
purpose and that they are allowed to fulfill their legitimate goal
without disruption.
As one FBI study has found, foreign intelligence services have been
taking advantage of higher education institutions and personnel for
many years. This problem is particularly acute with China. That is why
administrations on both sides of the aisle have considered measures to
protect academic research from foreign exploitation.
In recent years, we have seen a number of cases damaging the national
security:
In 2008, a Tennessee professor was convicted of exporting defense
articles without a license after using Chinese students to conduct Air
Force research that they exported to China;
In 2009, a researcher at Duke University sent data back to China,
which led to the creation of a multibillion-dollar Chinese company;
And in 2015, Chinese professors were among six defendants charged by
the Department of Justice with theft of trade secrets on behalf of
Chinese companies and academic institutions.
As the United States addresses China's increasingly aggressive rise,
it is critical that we consider how to effectively address these issues
as a free society. That is why my amendment requires that a whole-of-
government strategy on China mandated by the NDAA incorporate two key
elements: exploitation of visa programs to enter the United States by
the Chinese Communist Party and the party's intimidation and coercion
of Chinese nationals in the United States.
This is not a blanket ban or requirement of any sort to limit the
number of Chinese students studying in the U.S.; rather, it is merely
adding an important element to the existing strategy required under the
NDAA to address a whole-of-government challenge comprehensively.
Mr. Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.

{time} 1545

Mr. LARSEN of Washington. Mr. Chair, I claim time in opposition to
the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. LARSEN of Washington. Mr. Chair, I rise in opposition, and I want
to commend my friend from Wisconsin for correctly identifying one of
the strategic challenges that China poses, but I am concerned this
effort to amend section 1252 will make flawed language even worse.
The bill currently requires the President to provide a report to
Congress that outlines a strategy to respond to competitive and, at
times, malicious actions by China. In fact, my friend from Wisconsin
has outlined several instances where we have been successful in
ferreting out these actions all without his amendment being law.
So let me be clear, though, on the strategy. The strategy cannot and
should not always be only responding to China. The U.S. needs to
develop a proactive, assertive agenda to contrast with and to compete
with China. Rather than setting up actions that could restrict student
visa programs or suggesting that Chinese visitors are in the U.S. to do
the bidding of the Chinese Communist Party, Congress should be taking a
proactive approach consistent with our national security interests and,
importantly, our values.
Now, I don't want to dwell too much on what is called the Confucius
Institute in that issue, except to say that part of our response to
something like the Confucius Institute ought to be U.S. programs to
support Chinese language and culture programs for students in this
country, instead of outsourcing it. There is an example where we can go
on offense, instead of always responding or reacting to actions by
China. Schools that wish to have Chinese language instruction should
not have to rely on China for funding, as an example.
So I am deeply concerned the language in the underlying bill takes a
reflexive and a narrow-minded view of the real challenge posed by
China. Closing off our country is the wrong approach.

[[Page H4668]]

To use a football metaphor, closing off our Nation to foreign
investment and to students is thinking like a defensive coordinator and
not a particularly creative one. Instead, we need to think like a head
coach, developing new offensive and defensive strategies, a new
playbook revamping the old one.
So let me clarify. Going on offense is not just a reaction to China.
It represents a strategy to keep the U.S. engaged in the global
community. We should focus on multiple aspects of public policy:
education, foreign trade, investment, immigration, military
capabilities, innovation, and, of course, our bilateral relationship
with China. A smarter strategic plan would demonstrate to the world and
to the Chinese people the superiority of the U.S. model: democracy,
free and open elections, diversity, open markets, and a free press. We
should be exposing Chinese students to these values, making sure they
understand that they have a different choice.
This is what Congress should be working on, not adding new provisions
to an already flawed report. I urge my colleagues to oppose the
Gallagher amendment.
Mr. Chair, I reserve the balance of my time.
Mr. GALLAGHER. Mr. Chairman, I yield 1 minute to the gentlewoman from
Missouri (Mrs. Hartzler).
Mrs. HARTZLER. Mr. Chairman, I rise in strong support of this
amendment. I thank the gentleman from Wisconsin for bringing this
important issue into the forefront.
We need to face the reality that China is actively pursuing a whole-
of-nation approach to gain global influence. This includes targeting
U.S. universities by exploiting our student visa program in order to
gain access and steal sensitive, proprietary, and classified
information.
According to DOD, in 2014, almost a quarter of foreign efforts to
steal sensitive information happened through academic institutions.
What is even more alarming is that, under Chinese law, citizens are
required to provide data, information, and technological support or
assistance to the Chinese Government upon request. This means that
China can intimidate and coerce its citizens to provide information.
The amendment offered today will ensure that this form of espionage
is thoroughly considered as we develop our whole-of-government China
strategy. I do support what the gentleman said that we need to go on
the offensive as well, but that doesn't mean we give up the defense,
and we need to be smart in that strategy as well. I urge my colleagues
to vote ``yes.''
Mr. LARSEN of Washington. Mr. Chair, may I ask how much time both
parties have left.
The Acting CHAIR. The gentleman from Washington has 2 minutes
remaining. The gentleman from Wisconsin has 2 minutes remaining.
Mr. LARSEN of Washington. Mr. Chair, I yield 2 minutes to the
gentlewoman from California (Ms. Judy Chu).
Ms. JUDY CHU of California. Mr. Chairman, I rise in strong opposition
to Mr. Gallagher's amendment to the National Defense Authorization Act.
This harmful amendment would add language to the NDAA that
specifically targets Chinese foreign nationals who receive U.S.
employment or student visas for extra scrutiny by our Federal
Government. If this amendment were to confine itself to the serious
issue of safeguarding American interests against foreign political
influence, industrial acquisitions, and regional global capabilities,
it might be supportable. But this amendment specifically targets an
ethnic population in this country by singling out the Chinese who
participate in student visa programs and who are receiving employment
visas.
While there is no doubt that we must take national security threats
from foreign countries seriously, including Russia, this amendment
assumes that there is widespread abuse of our visa program from China
alone and attempts to paint all Chinese students, scholars, and
employees, en masse, as potential spies for China.
This underlying bill already includes elements to address interstate
strategic competition and does so without creating a precedent for
singling out individuals because of their country of origin. We have
seen how our government's policies and actions towards foreign
nationals have the ability to impact Americans of certain ethnic
backgrounds.

We need to look no further than the examples of Sherry Chen and Dr.
Xioaxing Xi, two Chinese-American scientists who were wrongfully
accused of being spies for China, only to have their charges dropped
with no explanation. In fact, just this month, Sherry Chen was
exonerated by a judge who said that her case was a case of gross
miscarriage of justice.
It is reckless to categorize an entire country of people as a threat
to our national security, and I reject these overly broad and dangerous
attempts to build a case that all Chinese students and employees should
be viewed with more suspicion in this country than others.
Mr. LARSEN of Washington. Mr. Chairman, I yield back the balance of
my time.
Mr. GALLAGHER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from South Carolina (Mr. Wilson).
Mr. WILSON of South Carolina. Mr. Chairman, I thank Congressman Mike
Gallagher for his military service and now service in Congress.
I am grateful to speak in support of Congressman Mike Gallagher's
amendment that would require the executive branch to create a strategy
to address the abuse of visa programs used to enter the United States
to conduct political activity and establish groups in support of the
Chinese Communist Party.
Organizations like the Confucius Institute and the Thousand Talents
program are clear examples as to why Congressman Gallagher makes
perfect sense, and it is critical to our national security. Confucius
Institutes are currently active in 103 college campuses, despite Li
Changchun, a member of the Chinese Communist Party's Politburo Standing
Committee, calling the institutes ``an important part of China's
overseas propaganda setup.''
Additionally, FBI Director Christopher Wray described the Confucius
Institutes operating in the United States as exploiting the very open
research and development environment we have, which we all revere, but
they are taking advantage of it.
Unfortunately, my amendment, cosponsored by Congressman Gallagher and
Congresswoman Vicky Hartzler, dealing with organizations like the
Confucius Institutes was not ruled in order. It is critical that the
whole-of-government China strategy include vulnerabilities within our
academic community, and for this reason, I urge everyone to support
Congressman Gallagher's amendment.
Mr. GALLAGHER. Mr. Chairman, with the few seconds that I have left, I
would just say, to extend the football metaphor, perhaps to the point
of absurdity, our defense doesn't even get on the field. We keep
drawing pick six after pick six; therefore, allowing intellectual
property theft, which is the greatest transfer of wealth in human
history, by the Chinese, which is what the Blair-Huntsman Commission
laid out.
So I look forward to working with my colleague on a more
comprehensive approach, but in the meantime, I hope he will work with
me on this.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Gallagher).
The amendment was agreed to.

Announcement by the Acting Chair

The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 115-702 on
which further proceedings were postponed, in the following order:
Amendment No. 8 by Mr. Amodei of Nevada.
Amendment No. 10 by Mr. McGovern of Massachusetts.
Amendment No. 13 by Mr. McKinley of West Virginia.
Amendment No. 19 by Ms. Tenney of New York.
Amendment No. 43 by Mr. Engel of New York.
Amendment No. 50 by Mr. Polis of Colorado.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.

Amendment No. 8 Offered by Mr. Amodei

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Nevada
(Mr. Amodei)

[[Page H4669]]

on which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 229,
noes 183, not voting 15, as follows:

[Roll No. 223]

AYES--229

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

NOES--183

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

NOT VOTING--15

Beyer
Brown (MD)
Black
Castor (FL)
Delaney
Donovan
Higgins (LA)
King (NY)
Lewis (GA)
Pearce
Rogers (KY)
Stivers
Trott
Walz
Zeldi

{time} 1622

Mr. PASCRELL and Ms. LOFGREN changed their vote from ``aye'' to
``no.''
Ms. CHENEY, Messrs. ROSKAM, COMER, WESTERMAN, and DUNCAN of South
Carolina changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 10 Offered by Mr. McGovern

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

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 408,
noes 1, not voting 18, as follows:

[Roll No. 224]

AYES--408

Abraham
Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barragan
Barton
Bass
Beatty
Bera
Bergman
Biggs
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Blackburn
Blum
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Budd
Burgess
Bustos
Butterfield
Byrne
Calvert
Capuano
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castro (TX)
Chabot
Cheney
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Cook
Cooper
Correa
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Curtis
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
DeLauro
DelBene
Demings
Denham
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duffy
Duncan (SC)
Duncan (TN)
Ellison
Emmer
Engel
Eshoo
Espaillat
Estes (KS)
Esty (CT)
Evans
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gaetz
Gallagher
Gallego
Garamendi
Garrett
Gianforte
Gibbs
Gohmert
Gomez
Gonzalez (TX)
Gosar
Gottheimer
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guthrie
Gutierrez
Hanabusa
Handel
Harper
Harris
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (NY)
Hill
Himes
Holding
Hollingsworth
Hoyer
Hudson
Huffman
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (IA)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamb
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee
Lesko
Levin
Lewis (MN)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marchant
Marino
Marshall

[[Page H4670]]

Massie
Mast
Matsui
McCarthy
McCaul
McClintock
McCollum
McEachin
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meeks
Meng
Messer
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Murphy (FL)
Nadler
Napolitano
Neal
Newhouse
Noem
Nolan
Norcross
Norman
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Pallone
Palmer
Panetta
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pocan
Poe (TX)
Poliquin
Polis
Posey
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Rice (SC)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Rosen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce (CA)
Ruiz
Ruppersberger
Rush
Russell
Rutherford
Ryan (OH)
Sanchez
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stewart
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)

NOES--1

Dunn

NOT VOTING--18

Beyer
Black
Brown (MD)
Castor (FL)
Coffman
Delaney
Donovan
Goodlatte
Higgins (LA)
King (NY)
Lewis (GA)
Mitchell
Pearce
Rogers (KY)
Stivers
Trott
Walz
Zeldin

Announcement by the Acting Chair

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

{time} 1627

So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mr. COFFMAN. Mr. Chair, I was unavoidably detained. Had I been
present, I would have voted ``yea'' on rollcall No. 224.
Mr. MITCHELL. Mr. Chair, I was unavoidably detained. Had I been
present, I would have voted ``yea'' on rollcall No. 224.

Amendment No. 13 Offered by Mr. McKinley

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

Recorded Vote

[Roll No. 225]

AYES--160

Adams
Beatty
Bera
Bergman
Bilirakis
Bishop (GA)
Bishop (UT)
Bonamici
Boyle, Brendan F.
Brady (PA)
Brownley (CA)
Buchanan
Bustos
Butterfield
Capuano
Carbajal
Carson (IN)
Cartwright
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Cole
Collins (NY)
Correa
Courtney
Cramer
Crist
Crowley
Davis, Danny
DeFazio
Delaney
DeLauro
DelBene
Deutch
Dingell
Doyle, Michael F.
Duffy
Duncan (TN)
Ellison
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Faso
Fitzpatrick
Fortenberry
Frankel (FL)
Fudge
Gabbard
Garamendi
Gottheimer
Green, Al
Green, Gene
Griffith
Grijalva
Hastings
Huffman
Hunter
Jackson Lee
Jayapal
Jenkins (WV)
Johnson (GA)
Jones
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larson (CT)
Lawrence
Levin
Lipinski
LoBiondo
Loebsack
Lowenthal
Lowey
Lynch
Maloney, Carolyn B.
Maloney, Sean
Marshall
Massie
Mast
Matsui
McCollum
McGovern
McHenry
McKinley
McNerney
McSally
Meng
Mooney (WV)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pascrell
Pelosi
Perlmutter
Peterson
Pingree
Pocan
Poe (TX)
Poliquin
Price (NC)
Raskin
Reed
Richmond
Rooney, Thomas J.
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez
Schakowsky
Schiff
Serrano
Shea-Porter
Sherman
Sinema
Sires
Smith (NJ)
Soto
Stefanik
Swalwell (CA)
Takano
Tenney
Thompson (CA)
Tipton
Titus
Tonko
Torres
Tsongas
Upton
Veasey
Velazquez
Visclosky
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (AK)

NOES--252

Abraham
Aderholt
Aguilar
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barragan
Barton
Bass
Biggs
Bishop (MI)
Blackburn
Blum
Blumenauer
Blunt Rochester
Bost
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Cardenas
Carter (GA)
Carter (TX)
Chabot
Cheney
Cleaver
Coffman
Collins (GA)
Comer
Comstock
Conaway
Connolly
Cook
Cooper
Costa
Costello (PA)
Crawford
Cuellar
Culberson
Cummings
Curbelo (FL)
Curtis
Davidson
Davis (CA)
Davis, Rodney
DeGette
Demings
Denham
DeSantis
DeSaulnier
DesJarlais
Diaz-Balart
Doggett
Duncan (SC)
Dunn
Emmer
Estes (KS)
Ferguson
Fleischmann
Flores
Foster
Foxx
Frelinghuysen
Gaetz
Gallagher
Gallego
Garrett
Gianforte
Gibbs
Gohmert
Gomez
Gonzalez (TX)
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grothman
Guthrie
Gutierrez
Hanabusa
Handel
Harper
Harris
Hartzler
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (NY)
Hill
Himes
Holding
Hollingsworth
Hoyer
Hudson
Huizenga
Hultgren
Hurd
Issa
Jeffries
Jenkins (KS)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce (OH)
Kelly (MS)
Kihuen
Kind
King (IA)
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Larsen (WA)
Latta
Lawson (FL)
Lee
Lesko
Lewis (MN)
Lieu, Ted
Lofgren
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
MacArthur
Marchant
Marino
McCarthy
McCaul
McClintock
McEachin
McMorris Rodgers
Meadows
Meeks
Messer
Mitchell
Moolenaar
Moore
Moulton
Mullin
Murphy (FL)
Newhouse
Noem
Norman
Nunes
Olson
Palazzo
Pallone
Palmer
Panetta
Paulsen
Payne
Perry
Peters
Pittenger
Polis
Posey
Quigley
Ratcliffe
Reichert
Renacci
Rice (NY)
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rohrabacher
Rokita
Rooney, Francis
Ros-Lehtinen
Rosen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Ruppersberger
Russell
Rutherford
Sanford
Sarbanes
Scalise
Schneider
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sewell (AL)
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (TX)
Smith (WA)
Smucker
Speier
Stewart
Suozzi
Taylor
Thompson (MS)
Thompson (PA)
Thornberry
Turner
Valadao
Vargas
Vela
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (IA)

NOT VOTING--15

Beyer
Black
Brown (MD)
Castor (FL)
Donovan
Goodlatte
Higgins (LA)
King (NY)
Lewis (GA)
Pearce
Rogers (KY)
Stivers
Trott
Walz
Zeldin

Announcement by the Acting Chair

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

{time} 1634

Messrs. LOEBSACK and BUTTERFIELD changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

PERSONAL EXPLANATION

Mr. GOODLATTE. Mr. Chair, I was unavoidably detained. Had I been
present, I would have voted ``yea'' on rollcall No. 224 and ``nay'' on
rollcall No. 225.

Amendment No. 19 Offered by Ms. Tenney

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from New York
(Ms. Tenney) on which further proceedings were postponed and on which
the noes prevailed by voice vote.

[[Page H4671]]

The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 226]

AYES--174

Adams
Beatty
Bera
Bergman
Bilirakis
Bishop (GA)
Bishop (UT)
Bonamici
Boyle, Brendan F.
Brady (PA)
Brownley (CA)
Buchanan
Burgess
Bustos
Butterfield
Capuano
Carbajal
Carson (IN)
Cartwright
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Cole
Collins (NY)
Correa
Courtney
Cramer
Crist
Crowley
Davis, Danny
DeFazio
Delaney
DeLauro
DelBene
Deutch
Dingell
Doyle, Michael F.
Duffy
Duncan (TN)
Ellison
Engel
Eshoo
Esty (CT)
Evans
Faso
Fitzpatrick
Fortenberry
Frankel (FL)
Fudge
Gabbard
Garamendi
Gottheimer
Green, Al
Green, Gene
Griffith
Harris
Hastings
Higgins (NY)
Hoyer
Huffman
Hunter
Issa
Jackson Lee
Jayapal
Jenkins (WV)
Johnson (GA)
Jones
Kaptur
Katko
Keating
Kelly (IL)
Kelly (PA)
Kennedy
Khanna
Kildee
Kilmer
King (IA)
Krishnamoorthi
Kuster (NH)
LaMalfa
Lamb
Langevin
Larson (CT)
Lawson (FL)
Levin
Lipinski
LoBiondo
Loebsack
Lowenthal
Lowey
Lynch
Maloney, Carolyn B.
Maloney, Sean
Marshall
Massie
Mast
Matsui
McCollum
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meng
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pascrell
Pelosi
Perlmutter
Peterson
Pingree
Pocan
Poe (TX)
Poliquin
Posey
Price (NC)
Raskin
Reed
Richmond
Rooney, Thomas J.
Ros-Lehtinen
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez
Schiff
Sensenbrenner
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shuster
Sinema
Sires
Smith (NJ)
Smith (TX)
Soto
Stefanik
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Tipton
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Velazquez
Visclosky
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Wilson (SC)
Yarmuth
Young (AK)

NOES--239

Abraham
Aderholt
Aguilar
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barragan
Barton
Bass
Beyer
Biggs
Bishop (MI)
Blackburn
Blum
Blumenauer
Blunt Rochester
Bost
Brat
Brooks (AL)
Brooks (IN)
Buck
Bucshon
Budd
Byrne
Calvert
Cardenas
Carter (GA)
Carter (TX)
Chabot
Cheney
Cleaver
Coffman
Collins (GA)
Comer
Comstock
Conaway
Connolly
Cook
Cooper
Costa
Costello (PA)
Crawford
Cuellar
Culberson
Cummings
Curbelo (FL)
Curtis
Davidson
Davis (CA)
Davis, Rodney
DeGette
Demings
Denham
DeSantis
DeSaulnier
DesJarlais
Diaz-Balart
Doggett
Duncan (SC)
Dunn
Emmer
Espaillat
Estes (KS)
Ferguson
Fleischmann
Flores
Foster
Foxx
Frelinghuysen
Gaetz
Gallagher
Gallego
Garrett
Gianforte
Gibbs
Gohmert
Gomez
Gonzalez (TX)
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grijalva
Grothman
Guthrie
Gutierrez
Hanabusa
Handel
Harper
Hartzler
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Himes
Holding
Hollingsworth
Hudson
Huizenga
Hultgren
Hurd
Jeffries
Jenkins (KS)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce (OH)
Kelly (MS)
Kihuen
Kind
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
Lamborn
Lance
Larsen (WA)
Latta
Lawrence
Lee
Lesko
Lewis (MN)
Lieu, Ted
Lofgren
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
MacArthur
Marchant
Marino
McCarthy
McCaul
McClintock
McEachin
Meadows
Meeks
Messer
Mitchell
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Murphy (FL)
Newhouse
Noem
Norman
Nunes
Olson
Palazzo
Pallone
Palmer
Panetta
Paulsen
Payne
Perry
Peters
Pittenger
Polis
Quigley
Ratcliffe
Reichert
Renacci
Rice (NY)
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rohrabacher
Rokita
Rooney, Francis
Rosen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Ruppersberger
Russell
Rutherford
Sanford
Sarbanes
Scalise
Schakowsky
Schneider
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sessions
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (WA)
Smucker
Speier
Stewart
Thompson (PA)
Thornberry
Turner
Upton
Valadao
Vela
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wittman
Womack
Woodall
Yoder
Yoho
Young (IA)

NOT VOTING--14

Black
Brady (TX)
Brown (MD)
Castor (FL)
Donovan
Higgins (LA)
King (NY)
Lewis (GA)
Pearce
Rogers (KY)
Stivers
Trott
Walz
Zeldin

Announcement by the Acting Chair

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

{time} 1639

Mr. McCARTHY changed his vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

PERSONAL EXPLANATION

Mr. BOST. Mr. Speaker, had I been present, I would have voted ``yea''
on rollcall No. 225 and ``yea'' on rollcall No. 226.

Amendment No. 43 Offered by Mr. Engel

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

Recorded Vote

[Roll No. 227]

AYES--382

Adams
Aderholt
Aguilar
Allen
Amash
Amodei
Arrington
Babin
Banks (IN)
Barr
Barragan
Barton
Bass
Beatty
Bera
Bergman
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Blackburn
Blum
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brat
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Buck
Bucshon
Budd
Burgess
Bustos
Butterfield
Calvert
Capuano
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castro (TX)
Chabot
Cheney
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Cook
Cooper
Correa
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Curtis
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
Denham
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duncan (SC)
Duncan (TN)
Ellison
Emmer
Engel
Eshoo
Espaillat
Estes (KS)
Esty (CT)
Evans
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gianforte
Gibbs
Gohmert
Gomez
Gonzalez (TX)
Goodlatte
Gosar
Gottheimer
Gowdy
Granger
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guthrie
Gutierrez
Hanabusa
Harper
Harris
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (NY)
Hill
Himes
Holding
Hollingsworth
Hoyer
Hudson
Huffman
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamb
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee
Levin
Lewis (MN)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marchant
Mast
Matsui
McCarthy
McCaul
McCollum

[[Page H4672]]

McEachin
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meeks
Meng
Messer
Mitchell
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Murphy (FL)
Nadler
Napolitano
Neal
Newhouse
Nolan
Norcross
Norman
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Pallone
Palmer
Panetta
Pascrell
Paulsen
Payne
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pocan
Poe (TX)
Poliquin
Polis
Posey
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Rice (SC)
Richmond
Roe (TN)
Rogers (AL)
Rohrabacher
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Rosen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce (CA)
Ruiz
Ruppersberger
Rush
Rutherford
Ryan (OH)
Sanchez
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schrader
Schweikert
Scott (VA)
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Smith (NJ)
Smith (TX)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stewart
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Thornberry
Tipton
Titus
Tonko
Torres
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)

NOES--30

Abraham
Bacon
Barletta
Biggs
Brady (TX)
Byrne
Comer
Duffy
Dunn
Gaetz
Gallagher
Graves (GA)
Handel
Kelly (MS)
Kelly (PA)
King (IA)
Lesko
Marino
Marshall
Massie
McClintock
Noem
Roby
Russell
Sanford
Scott, Austin
Smith (MO)
Smith (NE)
Thompson (PA)
Wenstrup

NOT VOTING--15

Black
Brown (MD)
Castor (FL)
Donovan
Higgins (LA)
King (NY)
Lewis (GA)
Pearce
Rogers (KY)
Rokita
Stivers
Trott
Walz
Wilson (FL)
Zeldin

Announcement by the Acting Chair

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

{time} 1643

Messrs. FRELINGHUYSEN and FERGUSON changed their vote from ``no'' to
``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 50 Offered by Mr. Polis

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

Recorded Vote

[Roll No. 228]

AYES--174

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

NOES--239

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

NOT VOTING--14

Black
Brown (MD)
Castor (FL)
Donovan
Higgins (LA)
Joyce (OH)
King (NY)
Lewis (GA)
Pearce
Rogers (KY)
Stivers
Trott
Walz
Zeldin

{time} 1649

Ms. TENNEY changed her vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. THORNBERRY. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Carter of Georgia) having assumed the chair, Mr. Marshall, 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.

[[Page H4673]]

____________________