[Congressional Record Volume 164, Number 85 (Wednesday, May 23, 2018)]
[House]
[Pages H4673-H4682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019
The SPEAKER pro tempore. Pursuant to House Resolution 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 Kansas (Mr. Marshall) kindly resume the
chair.
{time} 1653
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 5515) to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes, with Mr. Marshall (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,
amendment No. 50 printed in House Report 115-702 offered by the
gentleman from Colorado (Mr. Polis) had been disposed of.
Amendments En Bloc No. 2 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. 2 consisting of amendment Nos. 31, 32, 61, 62,
63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, and 76 printed in
House Report 115-702, offered by Mr. Thornberry of Texas:
Amendment No. 31 Offered by Mr. Ross of Florida
At the end of title XI, add the following:
SEC. 11__. REPORTING REQUIREMENT.
(a) In General.--Section 7131 of title 5, United States
Code, is amended by adding at the end the following:
``(e)(1)(A) Not later than March 31 of each calendar year,
the Office of Personnel Management, in consultation with the
Office of Management and Budget, shall submit to each House
of Congress a report on the operation of this section during
the fiscal year last ending before the start of such calendar
year.
``(B) Not later than December 31 of each calendar year,
each agency (as defined by section 7103(a)(3)) shall furnish
to the Office of Personnel Management the information which
such Office requires, with respect to such agency, for
purposes of the report which is next due under subparagraph
(A).
``(2) Each report by the Office of Personnel Management
under this subsection shall include, with respect to the
fiscal year described in paragraph (1)(A), at least the
following information:
``(A) The total amount of official time granted to
employees.
``(B) The average amount of official time expended per
bargaining unit employee.
``(C) The specific types of activities or purposes for
which official time was granted, and the impact which the
granting of such official time for such activities or
purposes had on agency operations.
``(D) The total number of employees to whom official time
was granted, and, of that total, the number who were not
engaged in any activities or purposes except activities or
purposes involving the use of official time.
``(E) The total amount of compensation (including fringe
benefits) afforded to employees in connection with activities
or purposes for which they were granted official time.
``(F) The total amount of official time spent by employees
representing Federal employees who are not union members in
matters authorized by this chapter.
``(G) A description of any room or space designated at the
agency (or its subcomponent) where official time activities
will be conducted, including the square footage of any such
room or space.
``(3) All information included in a report by the Office of
Personnel Management under this subsection with respect to a
fiscal year--
``(A) shall be shown both agency-by-agency and for all
agencies; and
``(B) shall be accompanied by the corresponding information
(submitted by the Office in its report under this subsection)
for the fiscal year before the fiscal year to which such
report pertains, together with appropriate comparisons and
analyses.
``(4) For purposes of this subsection, the term `official
time' means any period of time, regardless of agency
nomenclature--
``(A) which may be granted to an employee under this
chapter (including a collective bargaining agreement entered
into under this chapter) to perform representational or
consultative functions; and
``(B) during which the employee would otherwise be in a
duty status.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective beginning with the report which, under the
provisions of such amendment, is first required to be
submitted by the Office of Personnel Management to each House
of Congress by a date which occurs at least 6 months after
the date of the enactment of this Act.
Amendment No. 32 Offered by Mr. Zeldin of New York
In section 1225 (relating to strategy to counter
destabilizing activities of Iran)--
(1) redesignate subsection (c) as subsection (d); and
(2) insert after subsection (b) the following new
subsection:
(c) United States Policy.--It shall be the policy of the
United States to provide foreign countries that are willing
to materially assist United States efforts to counter Iran in
the Middle East with support under the strategy authorized
under subsection (a) including, as appropriate, with partner
benefits commensurate with such support.
Amendment No. 61 Offered by Ms. Blunt Rochester of Delaware
At the end of subtitle G of title X of division A, add the
following:
SEC. ___. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE
BASE, DELAWARE, HOME TO THE 436TH AIRLIFT WING,
THE 512TH AIRLIFT WING, AND THE CHARLES C.
CARSON CENTER FOR MORTUARY AFFAIRS.
(a) Findings.--Congress find the following:
(1) The Dover Air Force Base is home more than 4,000
active-duty military and civilian employees tasked with
defending the United States of America.
(2) The Dover Air Force Base supports the mission of the
436th Airlift Wing, known as ``Eagle Wing'' and the 512th
Airlift Wing, known as Liberty Wing.
(3) The ``Eagle Wing'' serves as a unit of the Eighteenth
Air Force headquartered with the Air Mobility Command at
Scott Air Force Base in Illinois.
(4) The ``Eagle Wing'' flies hundreds of missions
throughout the world and provides a quarter of the United
States' strategic airlift capability and boasts a global
reach to over 100 countries around the world.
(5) The Dover Air Force Base houses incredible aircrafts
utilized by the United States Air Force, including the C-5M
Super Galaxy and C-17A Globemaster III aircraft.
(6) The Dover Air Force Base operates the largest and
busiest air freight terminal in the Department of Defense,
fulfilling an important role in our Nation's military.
(7) The Air Mobility Command Museum is located on the Dover
Air Force base and welcomes thousands of visitors each year
to learn more about the United States Air Force.
(8) The Charles C. Carson Center for Mortuary Affairs
fulfills our Nation's sacred commitment of ensuring dignity,
honor and respect to the fallen and care service and support
to their families.
(9) The mortuary mission at Dover Air Force Base dates back
to 1955 and is the only Department of Defense mortuary in the
continental United States.
(10) Service members who serve at the Center for Mortuary
Affairs are often so moved by their work that they
voluntarily elect to serve multiple tours because they feel
called to serve our fallen heroes.
(b) Sense of Congress.--Congress--
(1) honors and expresses sincerest gratitude to the women
and men of the Dover Air Force Base for their distinguished
service;
(2) acknowledges the incredible sacrifice and service of
the families of active duty members of the United States
military;
(3) encourages the people of the United States to keep in
their thoughts and their prayers the women and men of the
United States Armed Forces; and
(4) recognizes the incredibly unique and important work of
the Air Force Mortuary Affairs Operations and the role they
play in honoring our fallen heroes.
Amendment No. 62 Offered by Mr. Fitzpatrick of Pennsylvania
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. PROCESS FOR COORDINATION OF STUDIES AND ANALYSIS
RESEARCH OF THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall implement a Department of
Defense-wide process under
[[Page H4674]]
which the heads of the military departments and Defense
Agencies responsible for managing requests for studies and
analysis research are required to coordinate annual research
requests and ongoing research efforts to minimize duplication
and reduce costs.
Amendment No. 63 Offered by Mr. Fitzpatrick of Pennsylvania
Add at the end of subtitle C of title IX the following new
section:
SEC. 9__. REVIEW OF FOREIGN CURRENCY EXCHANGE RATES AND
ANALYSIS OF FOREIGN CURRENCY FLUCTUATIONS
APPROPRIATION.
With respect to a contract for goods and services paid for
with foreign currency, the Under Secretary of Defense
(Comptroller), in coordination with each Secretary of a
military department, shall conduct a review of the exchange
rate for such foreign currency used when making a
disbursement pursuant to such a contract to determine whether
cost-savings opportunities exist by more consistently
selecting cost-effective rates. Such review shall include an
analysis of realized and projected losses to determine the
necessary balance of the appropriation ``Foreign Currency
Fluctuations, Defense''. The Secretary of Defense may use the
results of such analysis to determine the amount of any
transfers to the appropriation ``Foreign Currency
Fluctuations, Defense''.
Amendment No. 64 Offered by Mr. Fitzpatrick of Pennsylvania
Page 124, after line 2, insert the following new section:
SEC. 528. COMPLETION OF DEPARTMENT OF DEFENSE DIRECTIVE
2310.07E REGARDING MISSING PERSONS.
(a) In General.--The Secretary of Defense shall make the
completion of Department of Defense Directive 2310.07E a top
priority in order to improve the efficiency of locating
missing persons.
(b) Definition.--In this section, the term ``missing
person'' has the meaning given such term in section 1513 of
title 10, United States Code.
Amendment No. 65 Offered by Mr. Poe of Texas
At the end of subtitle C of title XII, add the following:
SEC. 12__. IMPOSITION OF SANCTIONS.
(a) Imposition of Sanctions.--
(1) In general.--Beginning on the date that is 90 days
after the date of the enactment of this Act, the President
shall impose the sanctions described in paragraph (2) with
respect to As-Saib Ahl al-Haq and Harakat Hizballah al-Nujaba
and foreign persons that are officials, agents, affiliates
of, or owned or controlled by As-Saib Ahl al-Haq or Harakat
Hizballah al-Nujaba, as the case may be.
(2) Sanctions described.--The sanctions described in this
paragraph are sanctions applicable with respect to a foreign
person pursuant to Executive Order 13224 (50 U.S.C. 1701
note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism).
(3) Exception.--The authorities and requirements to impose
sanctions under this section shall not include the authority
or requirement to impose sanctions on 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.))).
(b) Additional Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of
Senate a report that includes a detailed list of global
entities with respect to which there is a reasonable basis to
determine that Iran's Islamic Revolutionary Guard Corps has
an ownership interest in such entity of not less than 33
percent.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
Amendment No. 66 Offered by Mr. Carbajal of California
At the end of subtitle I of title V, add the following new
section:
SEC. 5__. USE OF MOBILE APPLICATIONS FOR TRAINING MANUALS.
The Secretary of Defense shall encourage the military
departments to transition training manuals, emergency
guidance, and other publications needed to train members of
the Armed Forces to applications on mobile telephones that
use innovative technologies and provide for interaction
between trainees and information needed to complete training
in a manner that is cost efficient.
Amendment No. 67 Offered by Mr. Lance of New Jersey
Page 175, after line 17, insert the following new section:
SEC. 573. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HANDLERS
OF MILITARY WORKING DOGS AND MILITARY WORKING
DOGS.
(a) Short Title.--This section may be cited as the
``Guardians of America's Freedom Medal Act''.
(b) Award of Medals or Other Commendations to Handlers of
Military Working Dogs and Military Working Dogs.--
(1) Program of award required.--Each Secretary of a
military department shall carry out a program to provide for
the award of one or more medals or other commendations to
handlers of military working dogs, and to military working
dogs, under the jurisdiction of such Secretary to recognize
valor or meritorious achievement by such handlers and dogs.
(2) Medal and commendations.--Any medal or commendation
awarded pursuant to a program under paragraph (1) shall be of
such design, and include such elements, as the Secretary of
the military department concerned shall specify.
(3) Regulations.--Medals and commendations shall be awarded
under programs under paragraph (1) in accordance with
regulations prescribed by the Secretary of Defense for
purposes of this section.
Amendment No. 68 Offered by Mr. Foster of Illinois
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 31__. NUCLEAR FORENSICS ANALYSES.
(a) Independent Assessment.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Energy, in consultation with the Secretary of Defense and the
Secretary of Homeland Security, shall seek to enter into an
agreement with the National Academy of Sciences for an
independent assessment of nuclear forensic analyses conducted
by the Federal Government.
(b) Elements.--The assessment conducted by the National
Academy of Sciences shall, at minimum, include the following:
(1) An assessment of a representative sample of nuclear
forensic analyses from across the Federal departments and
agencies, with particular emphasis on the validity, quality,
value, cost effectiveness, gaps, and timeliness of such
analyses.
(2) An assessment of the methodologies used by nuclear
forensics analyses from across the Federal departments and
agencies, including the scientific rigor of such
methodologies.
(3) Recommendations for improving nuclear forensics
analyses conducted by the Federal Government, including any
best practices or lessons learned that should be shared
across the Federal departments and agencies.
(c) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary of Energy shall
submit to the appropriate congressional committees a report
containing the assessment of the National Academy of Sciences
under subsection (a).
(d) Briefing on Senior-level Involvement in Exercises.--Not
later than 90 days after the date of the enactment of this
Act, the President shall provide to the appropriate
congressional committees a briefing on the involvement of
senior-level executive branch leadership in recent and
planned nuclear terrorism preparedness or response exercises,
or any other exercise that have nuclear forensic analysis as
a component of the exercise.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Government Affairs of the Senate.
Amendment No. 69 Offered by Mr. Cardenas of California
At the end of subtitle C of title VII, insert the
following:
SEC. ____. PILOT PROGRAM ON MINDFULNESS-BASED STRESS
REDUCTION IN PRE-DEPLOYMENT TRAINING.
(a) Pilot Program.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as a
service in the Navy, shall carry out a pilot program under
which the Secretary provides mindfulness-based stress
reduction training to members of the Armed Forces before
their deployment to a combat theater of operations.
(b) Study and Report.--The Secretary of Defense shall study
and submit to Congress a report on the effectiveness of
training under the pilot program, including the effect of the
training on--
(1) managing stress; and
(2) preventing post-traumatic stress disorder.
Amendment No. 70 Offered by Ms. Meng of New York
At the end of subtitle I of title V, insert the following:
SEC. __. ADDRESSING ATTRITION LEVELS OF WOMEN IN THE
MILITARY.
Not later than one year after the date of enactment of this
Act, the Secretary of Defense shall develop and carry out an
exit survey to be completed by members of the Armed Forces to
assist the Secretary to assess the reasons that attrition
levels for women are higher than for men at various career
points.
Amendment No. 71 Offered by Ms. Meng of New York
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. JET NOISE REDUCTION PROGRAM OF THE NAVY.
(a) In General.--The Secretary of the Navy, acting through
the Director of the Office of Naval Research, may carry out a
jet noise reduction program to study the physics of, and
reduce, jet noise produced by high-performance military
aircraft.
[[Page H4675]]
(b) Elements.--In carrying out the program under subsection
(a), the Secretary may--
(1) identify material and non-material solutions to reduce
jet noise;
(2) develop and transition such solutions to the fleet;
(3) communicate relevant discoveries to the civilian
aviation community; and
(4) support the development of theoretical noise models,
computational prediction tools, noise control strategies,
diagnostic tools, and enhanced source localization.
Amendment No. 72 Offered by Ms. Meng of New York
Page 433, line 2, insert ``oversight,'' before ``and
sustainment of''.
Amendment No. 73 Offered by Mr. Smith of Washington
At the end of subtitle F of title XII, add the following
new section:
SEC. 12__. REPORT ON DEPARTMENT OF DEFENSE MISSIONS,
OPERATIONS, AND ACTIVITIES IN NIGER AND THE
BROADER REGION.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation as appropriate with the Secretary of State,
shall submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report on the missions, operations, and activities of the
Department in Niger and the broader region that includes the
following:
(A) A description of the objectives and the associated
lines of efforts of the Department in Niger and the broader
region, and the benchmarks for assessing progress toward such
objectives.
(B) A description of the timeline for achieving such
objectives in Niger and the broader region.
(C) A justification of the relevance of such objectives in
Niger and the broader region to the national security of the
United States and to the objectives in the National Defense
Strategy.
(D) A description of steps the Department is taking to
ensure that security cooperation in Niger and the broader
region is effectively coordinated with the diplomatic and
development activities of the Department of State and the
United States Agency for International Development.
(E) A description of the legal, operational, and fiscal
authorities relating to the lines of effort of the Department
in Niger and the broader region.
(F) An identification of measures to mitigate operational
risk to and increase the preparedness of members of the Armed
Forces conducting missions, operations, or activities in
Niger or the broader region.
(G) An assessment of the command and support relationships
of United States Africa Command with subordinate component
commands, including Special Operations Command Africa.
(H) An identification and description of each implemented
recommendation from the Army Regulation 15-6 investigation
report conducted by United States Africa Command regarding
the deaths of four soldiers in Niger on October 4, 2017.
(I) Any other matter the Secretary determines to be
appropriate.
(2) Scope of report.--For purposes of the report required
by paragraph (1), the term ``broader region'' includes
Algeria, Libya, Chad, Cameroon, Nigeria, Benin, Burkina Faso,
and Mali.
(b) Form.--The report required by subsection (a)(1) shall
be submitted in unclassified form but may contain a
classified annex.
Amendment No. 74 Offered by Mr. Bera of California
At the end of subtitle F of title V, add the following new
section:
SEC. 5__. REPORT ON AVAILABILITY OF COLLEGE CREDIT FOR SKILLS
ACQUIRED DURING MILITARY SERVICE.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretaries of Veterans Affairs, Education, and Labor, shall
submit to Congress a report on the transfer of skills into
equivalent college credits or technical certifications for
members of the Armed Forces leaving the military. Such report
shall describe each the following:
(1) Each skill that may be acquired during military service
that is eligible for transfer into an equivalent college
credit or technical certification.
(2) The academic level of the equivalent college credit or
technical certification for which each such skill is
eligible.
(3) Each academic institution that awards an equivalent
college credit or technical certification for such skills,
including--
(A) whether each such academic institution is public or
private and whether such institution is for profit; and
(B) the number of veterans that applied to such academic
institutions who were able to receive equivalent college
credits or technical certifications in the last fiscal year,
and the academic level of the credits or certifications.
(4) The number of members of the Armed Forces who left the
military in the last fiscal year and the number of those
individuals who met with an academic or technical training
advisor as part of their participation in the Transition
Assistance Program.
Amendment No. 75 Offered by Mr. Meadows of North Carolina
Page 874, insert after line 6 the following:
SEC. 2815. PROMOTING RESPONSIBLE LEASING OF PROPERTY.
(a) Requiring Certification by Secretaries of Military
Departments Prior to Entering Into Leases That Property Owned
by United States Is Not Available to Carry Out Purpose of
Lease.--
(1) Additional requirement in reports on leases of real
property.--Section 2662(a)(5)(B) of title 10, United States
Code, as amended by section 2812 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1849), is amended--
(A) by striking ``or'' at the end of clause (ii);
(B) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(C) by adding at the end the following new clause:
``(iv) facilities in property under the jurisdiction of the
Department of Defense may not be reconfigured to support the
purpose of the proposed lease in an appropriate and cost-
effective manner.''.
(2) Effective date; notice of compliance.--
(A) Effective date.--The amendment made by paragraph (1)
shall apply with respect to leases entered into or renewed on
or after the expiration of the 60-day period which begins on
the date of the enactment of this Act.
(B) Report on steps taken to ensure future compliance.--
Upon the completion of any general steps necessary to ensure
that the Department of Defense will be able to meet the
requirements of subsection (a)(5) of section 2662 of title
10, United States Code (as amended by paragraph (1)) with
respect to all leases entered into or renewed after the
expiration of the period described in subparagraph (A),
including the promulgation of any regulations or the issuance
of other guidance, the Secretary of Defense shall submit a
one-time report to the Committees on Armed Services of the
House of Representatives and Senate and shall post a copy of
the report on the public website of the Department of
Defense.
(b) Improving Accuracy of Information in Reports by
Secretary of Defense on Real Property Leases.--
(1) Information on costs of leases.--In preparing any
inventory or report on real property leased by the Department
of Defense, including information on property included in a
Base Structure Report and information in the Real Property
Asset Database of the Department of Defense, the Secretary of
Defense shall--
(A) in the case of a lease which covers multiple assets of
the Department, provide a separate breakdown of the rent and
other costs (including parking) associated with each such
asset; and
(B) in the case of real property which is subject to
multiple leases entered into by the Department, provide a
separate breakdown for each such lease and the costs
associated with each such lease.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, or at the time of publishing the next
Base Structure Report prepared after the date of the
enactment of this Act (whichever occurs earlier), the
Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and Senate a report
detailing the steps the Secretary has taken to ensure
compliance with the requirements of paragraph (1).
(c) Review by Government Accountability Office.--Not later
than 1 year after the date on which the Secretary of Defense
submits the one-time report required under subparagraph (B)
of subsection (a)(2), the Comptroller General of the United
States shall prepare and submit to Congress a report on--
(1) the extent to which the Department is in compliance
with subsection (a)(5) of section 2662 of title 10, United
States Code (as amended by subsection (a)(1)), including the
regulations and guidance promulgated and issued by the
Secretary to ensure compliance with such subsection, as of
the date on which the Secretary submits the report; and
(2) the extent to which the Secretary is including the
information required under subsection (b) in inventories and
reports on real property leased by the Department, as of the
date on which the Secretary submits the report.
Amendment No. 76 Offered by Mr. Schiff of California
Add at the end of subtitle C of title XII the following:
SEC. 12__. REPORT ON UNITED STATES STRIKES AGAINST SYRIA.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate a report
providing a detailed explanation of the legal basis under
both domestic and international law for the strikes conducted
by the United States against Syrian regime targets on April
6, 2017, and April 13, 2018, including a detailed legal
analysis of relevant authorities and precedents. Such report
shall be unclassified, but may include a classified annex.
The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
[[Page H4676]]
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the gentlewoman
from Missouri (Mrs. Hartzler).
Mrs. HARTZLER. Mr. Chairman, I would like to thank the Transportation
and Infrastructure Committee as well as the House Judiciary Committee
for working with me and the Armed Services Committee to include an
important amendment in this bill that will expand DOD's ability to
interdict drones that pose a threat to certain military installations.
My amendment adds mobility airlift to the list of mission sets
permitted to use counter-drone technology. If a drone were to attack
the mobility mission, it could mean a reduction in our ability to
provide logistic support globally to joint and coalition warfighters.
Additionally, a drone attack on our mobility forces could prevent our
capacity to conduct global operations by severely limiting our ability
to conduct aerial refueling. This is a commonsense proposal necessary
to protect a critical aspect of our national defense.
I am delighted it is included in an en bloc package, and I want to
thank Representatives Garamendi, Hanabusa, Rosen, and Austin Scott for
cosponsoring this bipartisan amendment.
Mr. SMITH of Washington. Mr. Chair, I am pleased to yield 3 minutes
to the gentlewoman from Florida (Ms. Wilson).
Ms. WILSON of Florida. Mr. Chairman, I rise in strong support of
amendment No. 73, requiring a report to relevant committees on the
missions, operations, and activities of the Department of Defense in
Niger and the broader region.
I believe that key components of the amendment are necessary to
obtain critical, tactical, operational, and strategic improvements in
U.S. Africa Command's efforts to achieve stability and security in the
region, and most importantly, keep our troops safer.
As evidenced by the tragic deaths of the four soldiers who were
ambushed by ISIS near Tongo Tongo, Niger, last October, improvements
throughout the chain of command and military services are necessary,
and DOD must provide greater transparency and communication with
Congress regarding legal, operational, and funding authorities for
military operations in Africa.
The amendment requires DOD to specify its objectives in Niger and
justify their relevance to U.S. national security. For the safety of
our troops, the amendment also requires DOD to identify measures to
mitigate operational risk and increase the preparedness of members of
the Armed Forces in Niger and the broader region.
It will also mandate that DOD assess the command and support
relationships of U.S. Africa Command with subordinate commands like
Special Operations Command. This will help to ensure improved command
and control throughout the chain of command, that the commander's
intent is clear, and that operational guidance is consistent and
concise.
Indeed, the tragic deaths of the four soldiers killed in action
affected me personally in an overwhelming way. One of the four soldiers
killed was a dear constituent of mine, Sergeant La David Johnson of
Miami Gardens.
Sergeant Johnson, who was killed while bravely defending our country,
was 25 years of age. He left behind a lovely extended family, a
beautiful wife, and three young children. He was a member of the 5000
Role Models of Excellence, and 50 members are visiting us here today.
Mr. Chair, I am hopeful that with actions currently being taken by
the DOD, along with the prescriptive elements of this amendment, our
Nation will not have to suffer another tragic loss like we did last
October.
{time} 1700
Mr. THORNBERRY. Mr. Chairman, I yield 3 minutes to the gentleman from
Washington (Mr. Newhouse) for the purpose of a colloquy.
Mr. NEWHOUSE. Mr. Chairman, I want to thank the chairman for this
opportunity to discuss a matter of great interest and importance to the
Tri-Cities community in my district.
In the 1940s and 1950s, the U.S. Army Corps of Engineers acquired
land along the shoreline of the Columbia River in Tri-Cities,
Washington. The land, 34 miles of the McNary shoreline, is currently
underutilized. The local communities continue to be saddled with
hundreds of thousands of dollars of M&O costs annually for upkeep of
land of these shoreline properties that they don't even own.
I support the community proposal to convey the land back to the
cities. I have been working with the chairman on proposed amendment
language to do so but respect the fact the chairman has let me know
there is still some work to be done.
I continue to encourage further community engagement and believe
public meetings are necessary to ensure all voices are heard, including
that of the local Tribes.
It is also a requirement that the city governments fully understand
the responsibilities and potential costs that could arise from having
this land conveyed.
There must be further coordination between conveyance proponents,
community stakeholders, city governments, and the Army Corps.
Mr. Chairman, you have raised concerns about the language in its
current form and have urged further efforts. I am committed to
continuing to work with the local communities to address these
concerns.
Therefore, Mr. Chairman, I respectfully ask: Will you commit to
continuing to work with me as the NDAA process moves forward to try to
address concerns with the proposal while the communities continue to
assess their needs?
Mr. THORNBERRY. Will the gentleman yield?
Mr. NEWHOUSE. I yield to the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I thank the gentleman for raising this
issue.
As the gentleman and I have discussed, there are significant hurdles
to legislating land transfers of the Department of Defense. Among the
issues that must be addressed are:
What and where is the property in question?
Who is the intended recipient?
Are there multiple parties who are also interested in acquiring this
property?
Are there ongoing legal proceedings related to the property?
Are there cleanup costs and liabilities associated with the property?
Have the interested parties met with the Department of Defense, and
if so, with whom?
Does the Department support conveying the property, and do they have
a continuing need for it?
If supported, why can't the Department dispose of the property
through its surplus/excess process?
What are the proposed reuses of the property?
Are there any earmark issues--no-cost conveyances to private entities
or for economic development can be subject to points of order.
Has CBO been consulted for any mandatory scoring implications?
And, if outside committees have equities, have they been consulted
for approval or concerns?
I will be happy to continue working with the gentleman moving
forward, but I would ask that he and any other Member looking at land
transfers take these factors into account and give all relevant
committees plenty of time and opportunity to vet their proposal.
Mr. NEWHOUSE. Mr. Chairman, I would like to thank the chairman for
that colloquy.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentlewoman from Delaware (Ms. Blunt Rochester).
Ms. BLUNT ROCHESTER. Mr. Chairman, first let me thank Chairman
Thornberry and Ranking Member Smith for the time. I also want to thank
both of them for including my amendment in the en bloc 2 amendment
package.
My amendment expresses this body's strong support of the Dover Air
Force Base in Delaware. The Dover Air Force Base is a pillar of our
community in the First State and a pillar of the Air Force community at
large.
The Dover Air Force Base is home to the 436th and the 512th Air Lift
Wings, representing over 4,000 Active-Duty military and civilians. The
436th was recently recognized with the Air Force Outstanding Unit
Award. The award served as recognition of the exemplary
[[Page H4677]]
work of the entire unit led by Colonel Ethan Griffin who will,
unfortunately, soon be leaving Dover.
Along with supporting the missions of the two Air Lift Wings, Dover
is also home to the Charles C. Carson Center for Mortuary Affairs and
carries out the solemn obligation of caring for our fallen heroes.
Mr. Chair, it is right and fitting that the United States Congress
recognize and acknowledge the incredibly important work of the Dover
Air Force Base, and I urge my colleagues to support this en bloc
amendment package.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from New Jersey (Mr. Lance).
Mr. LANCE. Mr. Chairman, I rise in support of the en bloc amendments
and in support of the underlying bill.
Passing this defense bill is one of the most important constitutional
responsibilities of Congress. I commend Chairman Thornberry for his
leadership, and I thank him for his support of my amendments.
I was pleased to join with my bipartisan colleagues, Congressman
Michael Burgess and Congresswoman Barbara Lee, in offering an amendment
auditing the Pentagon fully. This has been promised for many years, and
I am pleased that it is in this bill.
I thank Chairman Thornberry for including my bipartisan amendment
that would officially create th first-ever Department of Defense
commendation for military working dogs and their handlers.
Nine military working dog handlers from the home State I represent,
New Jersey, have been killed in action, and one of my constituents from
Short Hills, New Jersey, was among these.
Mr. Chairman, I think we should be voting on the en bloc amendments
favorably and also voting favorably for the underlying bill.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentleman from California (Mr. Carbajal), who is a member of the Armed
Services Committee.
Mr. CARBAJAL. Mr. Chairman, I would like to thank Chairman Thornberry
and Ranking Member Smith for their bipartisan leadership, and the Armed
Services Committee and the Rules Committee for bringing my amendment to
the floor.
My amendment is simple. It not only urges the Department of Defense
to pursue more innovative measures to train servicemembers, but also to
train them in a more cost-effective manner.
This amendment urges DOD to transition training manuals, emergency
guidance, and other training publications to applications on mobile
telephones to enable interaction and improve and update the training
experience for servicemembers. It provides a cost-efficient mechanism
for less printing and less distribution costs while making the
materials more readily accessible.
The Air Force has already started utilizing such applications, and my
amendment would urge the Secretary to utilize such technology
throughout all the services.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentlewoman from New York (Ms. Stefanik), who is the chair of the
Subcommittee on Emerging Threats and Capabilities.
Ms. STEFANIK. Mr. Chairman, I rise to express support for my
amendment to create an independent national security commission on
artificial intelligence.
Mr. Chairman, this bill that I have introduced will direct a
comprehensive and national-level review of advances in AI and machine
learning and ensure these align with our national security needs. It
will provide actionable recommendations to the President and the
Congress to more effectively organize the Federal Government when it
comes to AI.
Artificial intelligence is a constantly developing technology that
will touch every aspect of our lives. The investments we make and
policies we establish will provide the foundation of our national
security and technological military advantage, but every day we run the
risk of that edge being eroded.
In order to preserve this, we must increase our research in public,
private, and academic institutions, build and educate a talented
workforce, embrace the technological advances that AI will provide, and
lead the international community in establishing the laws and norms
associated with implementing AI. This amendment makes advances in all
of these areas.
Mr. Chairman, I thank my ranking member, Jim Langevin of Rhode
Island, for cosponsoring this amendment.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentleman from California (Mr. Cardenas).
Mr. CARDENAS. Mr. Chairman, first I would like to thank Chairman Mac
Thornberry and also Ranking Member Adam Smith for their fine work on
this and allowing me to bring my amendment to the floor.
My mindfulness amendment would create a pilot program to train
members of the Armed Forces in mindfulness stress reduction techniques
before deploying to combat zones.
According to the VA, mindfulness practice has the potential to
benefit individuals with PTSD. Using mindfulness to strengthen reaction
to stress together with existing empirically supported PTSD treatments
may allow patients to persevere through trauma processing.
Rather than waiting to apply these treatments after the traumatic
event, why not prepare our brave young men and women who are being sent
into combat zones ahead of time?
A prior study with the Marines suggested mindfulness training was
beneficial for attention, working memory, as well as mood. My amendment
would expand this training to all branches of the Armed Forces,
including the Coast Guard. It would require a report on the success of
this training with stress management and preventing PTSD.
Mr. Chairman, I urge my colleagues to adopt this amendment.
Mr. THORNBERRY. Mr. Chairman, I have no further speakers on this en
bloc package, and I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I am pleased to yield 1 minute
to the gentleman from New York (Mr. Engel), who is the ranking member
on the House Foreign Affairs Committee.
Mr. ENGEL. Mr. Chairman, I rise in support of an amendment I joined
with Ranking Member Smith to offer on Niger.
Last October, four American servicemembers were killed in an ambush
in Niger. We still don't fully understand what happened. For some
reason, the zeal for oversight seems to have dried up in the last 16
months.
Here is what we do know: American personnel were in Niger for an
advise-and-accompany mission, but sometime after these four heroes lost
their lives, the administration said: Well, no, they actually fought
under the 2001 war authorization.
That is the post-9/11 AUMF.
So four Americans are dead, and it turns out they have been fighting
the war on terror one country after another. There are seemingly no
limits, and we have a responsibility to do better.
This is a scandal screaming out for congressional oversight--not just
in this case, but in so many of the far-flung places where our military
is engaged overseas.
We need to stay focused on fighting terrorist organizations. But the
law says Congress decides when and where we fight wars, and the
administration appears to be losing track of what authorities it has
and where it is using them.
Mr. Chairman, I am glad to join Ranking Member Smith in offering this
amendment that hopefully will shed light on our mission in the region.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentleman from Illinois (Mr. Schneider).
Mr. SCHNEIDER. Mr. Chairman, I thank my colleague, Mr. Smith, for
yielding.
I rise today in support of my amendment to formally codify the Boots
to Business program, and I want to thank my friend from Iowa,
Congressman Rod Blum, for his work on this amendment and on our bill,
the Veterans Entrepreneurship Training Act.
As transitioning servicemembers enter civilian life, they bring
adaptability and experience to excel as entrepreneurs. However, they
often lack business-specific skills or experience that can help bring
their ideas to reality.
[[Page H4678]]
The Boots to Business program seeks to fill these gaps and helps
prepare transitioning servicemembers, their spouses, and also veterans
for challenges starting their own small business.
Participants take a 2-day, in-person course on business ownership,
followed by an in-depth, 8-week online course that teaches them day-to-
day skills they will need to run a successful small business, such as
the fundamentals in developing a business plan and how to acquire
financing.
I am grateful my amendment is included in the NDAA, and I am hopeful
we can continue to expand Boots to Business so that more servicemembers
and veterans can start and grow their own small business.
Mr. SMITH of Washington. Mr. Chairman, we have no further speakers.
Mr. Chairman, I urge adoption of the amendments en bloc, and I yield
back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I also yield back the balance of my
time.
Mr. ROSS. Mr. Chair, I include in the Record the following editorial
from my local paper, The Ledger, in reference to my amendment to H.R.
5515, the National Defense Authorization Act for Fiscal Year 2019, to
provide taxpayers with greater transparency into ``official time.''
Editorial: Per Ross, let's make officials report all `official' time
(The Editorial Board)
Think unions and the stereotype that comes to mind is one
of burly, thick-necked guys clad in hard hats, scuffed work
boots and plenty of denim. Perhaps that image was fit in
1955, when the American Federation of Labor and Congress of
Industrial Organizations merged to form the AFL-CIO,
America's largest organized labor group. At the time an
estimated 35 percent of U.S. workers belonged to a union, and
most often such workers drove trucks, assembled cars, built
and wired buildings, or engaged in similar hands-dirtying
work.
Today, only 11 percent of workers are unionized, and
frequently they wear a uniform (such as police or
firefighter), or work in an office or public school
classroom. The Bureau of Labor Statistics reports that 34
percent of union workers toil for local, state, or federal
government agencies--or roughly five times the number of
those who drive trucks, assemble cars, build and wire
buildings, or engage in similar hands-dirtying work.
Inevitably, these workers must tend to union business at
the expense of their official duties in service to the
public.
U.S. Rep. Dennis Ross is particularly concerned about how
such juggling among federal civil servants taxpayers, and
seeks to enlighten the public, and perhaps the rest of the
U.S. government, about how taxpayers' dimes are consumed by
union time.
Ross is eyeing a federal law that says managers must allot
staffers time--known in government jargon as ``official
time''--to perform union activities, insofar as it remains
``consistent with the requirements of an effective and
efficient government.''
The federal Office of Personnel Management reported last
month that most union workers who tap official time spend it
lobbying Congress about legislation that affects federal
union employees (for instance, bills relate to federal pay
and benefits); representing union employees who face
discipline or who filed grievances; and participating in
labor-management ``workgroups.''
Certain federal employees, under law, are paid to spend 100
percent of their time on union functions. Or some union reps
establish ``banks'' of paid time that they draw down in
working just for the union. The OPM report found that between
2010 and 2016, the most recent year available, the hours
spent on official time jumped nearly 17 percent, from 3.1
million hours to 3.61 million.
In some cases, official time was negligible. The Federal
Election Commission, for example, reported just six hours of
official time in 2016. In other cases, it was considerable.
The Defense Department recorded almost 387,000 hours of
official time that year.
The size, scope and mission of a particular agency will
drive much of that. Still, in the aggregate, this is no small
expense. The OPM notes that in 2016 official time cost
taxpayers almost $175 million, up roughly 8 percent from
2014, the last time the survey was done. And the report
doesn't catch everything. The OPM said its report was limited
to payroll costs because it lacks ``comprehensive data
source'' that would allow for ``a complete accounting of the
costs of union activities.'' Thus, its analysis does not
include taxpayers' costs for facilities, equipment and travel
related to collective bargaining.
The OPM knew, for example, that the Social Security
Administration in 2016 spent $2.1 million on union reps'
travel, office space, telephones and supplies only because
the agency was required to report that to its congressional
oversight committee.
Congressman Ross seeks to fix that.
In May 2017, the Lakeland Republican, noting
inconsistencies and lags in data-gathering on these costs,
filed a bill that would require all federal agencies to
provide Congress detailed annual reports of official time
expenses.
``With greater transparency, employees will be less likely
to abuse the system, which will result in less waste of
taxpayer dollars,'' Ross said at the time ``It is far past
time we require agencies to provide this information to
Congress and the public. Taxpayers deserve clear, reliable
data on how many employees are performing union work on
official time in lieu of their regularly assigned government
duties.'' He's right. His bill passed the House, but
unfortunately stalled in the Senate. Ross' office told us
Monday he will seek to have the measure added to the National
Defense Authorization Act, the must-pass defense spending
bill that the House will take up later this week.
Ross will soon retire, but we encourage him to pursue this
bill until he leaves. Moreover, we urge the rest of Congress
to heed his point.
Congress owes taxpayers a full accounting of time spent by
staffers promoting the personal career interests of the
nearly 1 million unionized federal workers, and how that
squares with the commitment, under law, of providing
``effective and efficient'' government.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.
Amendments En Bloc No. 3 Offered by Mr. Thornberry of Texas
Mr. THORNBERRY. Mr. Chairman, pursuant to House Resolution 908, I
offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 77, 78, 79, 80,
81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, and 92, printed in House
Report Number 115-702, offered by Mr. Thornberry of Texas:
Amendment No. 77 Offered by Mr. Heck of Washington
At the end of subtitle I of title V, add the following new
section:
SEC. 5__. PROOF OF PERIOD OF MILITARY SERVICE FOR PURPOSES OF
INTEREST RATE LIMITATION UNDER THE
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207(b)(1) of the Servicemembers Civil Relief Act
(50 U.S.C. 3937(b)(1)) is amended to read as follows:
``(1) Proof of military service.--
``(A) In general.--Not later than 180 days after the date
of a servicemember's termination or release from military
service, in order for an obligation or liability of the
servicemember to be subject to the interest rate limitation
in subsection (a), the servicemember shall provide to the
creditor written notice and a copy of--
``(i) the military orders calling the servicemember to
military service and any orders further extending military
service; or
``(ii) any other appropriate indicator of military service,
including a certified letter from a commanding officer.
``(B) Independent verification by creditor.--
``(i) In general.--Regardless of whether a servicemember
has provided to a creditor the written notice and
documentation under subparagraph (A), the creditor may use,
in lieu of such notice and documentation, information
retrieved from the Defense Manpower Database Center through
the creditor's normal business reviews of the Database Center
for purposes of obtaining information indicating that the
servicemember is on active duty.
``(ii) Safe harbor.--A creditor that uses the information
retrieved from the Defense Manpower Database Center under
clause (i) with respect to a servicemember has not failed to
treat the debt of the servicemember in accordance with
subsection (a) if--
``(I) such information indicates that, on the date the
creditor retrieves such information, the servicemember is not
on active duty; and
``(II) the creditor has not, as of such date, received the
written notice and documentation required under subparagraph
(A) with respect to the servicemember.''.
Amendment No. 78 Offered by Ms. Esty of Connecticut
At the end of subtitle I of title V, add the following new
section:
SEC. ___. REPORT REGARDING POSSIBLE IMPROVEMENTS TO
PROCESSING RETIREMENTS AND MEDICAL DISCHARGES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of Veterans Affairs, shall
issue a report to the congressional defense committees and
the Committees on Veterans' Affairs of the Senate and House
of Representatives regarding possible improvements to the
transition of members of the Armed Forces to veteran status.
(b) Elements.--The report under subsection (a) shall
address the following:
(1) Feasibility of requiring members of the Armed Forces to
apply for benefits administered by the Secretary of Veterans
Affairs before such members complete discharge from the Armed
Forces.
(2) Feasibility of requiring members of the Armed Forces to
undergo compensation and
[[Page H4679]]
pension examinations (to be administered by the Secretary of
Defense) for purposes of obtaining benefits described in
paragraph (1) before such members complete discharge from
active duty in the Armed Forces.
(3) Possible improvements to the timeliness of the process
for transitioning members who undergo medical discharge to
care provided by the Secretary of Veterans Affairs.
Amendment No. 79 Offered by Mr. Krishnamoorthi of Illinois
Page 162, after line 17, insert the following:
(D) The number and percentage of individuals served by the
pilot program who are employed in a field that matches their
skills and training.
Amendment No. 80 Offered by Ms. Gabbard of Hawaii
At the end of subtitle D of title III, insert the
following:
SEC. 3__. REPORT ON PERSONAL PROTECTIVE EQUIPMENT
REQUIREMENTS FOR CIVIL RESPONSE TEAMS TO
VOLCANIC ACTIVITY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Health and Human Services,
the Administrator of the Federal Emergency Management Agency,
and the Director of the United States Geological Survey,
shall submit to Congress a report on personal protective
equipment requirements for civil defense response teams to
volcanic activity and civilian communities in the vicinity of
active volcanic activity, including protection against sulfur
dioxide gas.
(b) Transfer of Equipment Authorized.--If the Secretary of
Defense determines that the Department of Defense is in
possession of excess personal protective equipment that is
not needed for current and future planned operational
requirements, the Secretary may transfer such excess
equipment to State and local civil defense agencies upon
request from the governor or equivalent official of a State.
(c) Definition of State.--In this section, the term
``State'' means each of the several States of the United
States, the District of Columbia, and any territory,
commonwealth, or possession of the United States.
Amendment No. 81 Offered by Mr. Crawford of Arkansas
The amendment as modified is as follows:
Page 116, after line 2, insert the following new section:
SEC. 515. PILOT PROGRAM FOR EOD-QUALIFIED MEMBERS OF THE ARMY
NATIONAL GUARD TO SUPPORT CIVIL AUTHORITIES.
(a) Pilot Program Authorized.--The Secretary of the Army
may carry out a pilot program under which EOD-qualified
members of the Army National Guard may conduct planning and
immediate response defense support to civil authorities.
(b) Objectives.--The Secretary of the Army shall design a
pilot program conducted under this section to determine the
following:
(1) The feasibility and effectiveness of establishing
program described in subsection (a).
(2) The merits of using EOD-qualified members of the Army
National Guard on full-time National Guard duty versus such
members on active duty for such a pilot program.
(3) The need for legislative authority to conduct such a
pilot program.
(4) The costs to make such a pilot program permanent.
(c) Consultation.--In developing a pilot program under this
section, the Secretary of the Army shall consult with the
Commanders of the United States Northern Command and United
States Pacific Command regarding--
(1) defeating sustained bombings in the United States,
including the territories and possessions;
(2) plans for EOD defense support of designated national
special security events;
(3) plans for EOD defense support of the national response
framework activities of the Departments of Justice and
Homeland Security;
(4) EOD immediate response for recovery of Department of
Defense munitions off-installation; and
(5) EOD immediate response in support of civilian law
enforcement agencies.
(d) Authority for Pay and Allowances.--The Secretary of
Defense may, subject to appropriations, make funds available
to fund pay, allowances, travel, training, operations, and
maintenance costs for members of the Army National Guard who
participate in the pilot program.
(e) Commencement; Duration.--The Secretary of the Army may
commence a pilot program under this section on or after
January 1, 2019. All activities under such a pilot program
shall terminate no later than December 31, 2023.
(f) Report.--If the Secretary of the Army carries out a
pilot program under this section, the Secretary shall submit
to the congressional defense committees a report containing
an evaluation of the pilot program, including determinations
described in subsection (b), not later than January 1, 2021.
(g) EOD Defined.--In this section, the term ``EOD'' means
explosive ordnance disposal.
Amendment No. 82 Offered by Mr. Crawford of Arkansas
At the end of subtitle B of title III, add the following:
SEC. ___. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
(a) In General.--Chapter 136 of title 10, United States
Code, as amended by section 851, is further amended by adding
at the end the following new section:
``SEC. 2284. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
``(a) In General.--The Secretary of Defense shall carry out
a program to be known as the `Explosive Ordnance Disposal
Defense Program' (in this section referred to as the
`Program') under which the Secretary shall ensure close and
continuous coordination between military departments on
matters relating to explosive ordnance disposal support for
commanders of geographic and functional combatant commands.
``(b) Roles, Responsibilities, and Authorities.--The plan
under subsection (a) shall include provisions under which--
``(1) the Secretary of Defense shall--
``(A) assign the responsibility for the direction,
coordination, integration of the explosive ordnance disposal
defense program within the Department of Defense;
``(B) designate the Assistant Secretary of Defense for
Nuclear, Chemical, Biological Defense Programs as the key
individual for the explosive ordnance disposal defense
program that develops and oversees policy, plans, programs
and budgets, and issues guidance and provides direction on
Department of Defense explosive ordnance disposal activities;
``(C) designate the Secretary of the Navy, or a designee of
the Secretary's choice, as the executive agent for the
Department of Defense that provides oversight of the joint
program executive officer whom coordinates and integrates
joint requirements for explosive ordnance disposal and
carries out joint research, development, test and evaluation
and procurement activities on behalf of the military
departments and combatant commands with respect to explosive
ordnance disposal;
``(D) designate the Director of the Defense Threat
Reduction Agency as the responsible combat support agency
that will exercise fund management responsibility of the
Department of Defense-Wide Program Element for explosive
ordnance disposal research, development, test and evaluation,
transactions other than contracts, cooperative agreements,
and grants related to section 2371 of title 10 during
research projects including rapid prototyping and limited
procurement urgent activities, and acquisition;
``(E) designate an Army explosive ordnance disposal-
qualified general officer as the responsible senior leader of
the Defense Threat Reduction Agency's Joint Improvised-Threat
Defeat Organization that serves as the Chairman of the
Department of Defense explosive ordnance disposal defense
program board,
``(2) the Secretary of each military department shall
assess the needs of the military department concerned with
respect to explosive ordnance disposal and may carry out
research, development, test and evaluation activities,
including other transactions and procurement activities to
address military department unique needs such as weapon
systems, manned and unmanned vehicles and platforms, cyber
and communication equipment and the integration of explosive
ordnance disposal sets, kits and outfits and department's
developed explosive ordnance disposal tools, equipment, sets,
kits and outfits.
``(c) Annual Budget Justification Documents.--
``(1) For fiscal year 2021 and each fiscal year thereafter,
the Secretary of Defense shall submit to Congress with the
defense budget materials a consolidated budget justification
display, in classified and unclassified form, that includes
all of activities of the Department of Defense relating to
the Program.
``(2) The budget display under paragraph (1) for a fiscal
year shall include a single program element for each of the
following:
``(A) Civilian and military pay.
``(B) Research, development, test, and evaluation.
``(C) Procurement.
``(D) Other transaction agreements.
``(E) Military construction.
``(3) The budget display shall include funding data for
each of the military department's respective activities
related to explosive ordnance disposal, including--
``(A) operations and maintenance; and
``(B) overseas contingency operations.
``(d) Definitions.--In this section:
``(1) The term `explosive ordnance' means any munitions
containing explosives, nuclear fission or fusion materials,
or biological or chemical agents, including--
``(A) bombs and warheads;
``(B) guided and ballistic missiles;
``(C) artillery, mortar, rocket, and small arms munitions;
``(D) mines, torpedoes, and depth charges;
``(E) demolition charges;
``(F) pyrotechnics;
``(G) clusters and dispensers;
``(H) cartridge and propellant actuated devices;
``(I) electro-explosives devices;
``(J) clandestine and improvised explosive devices,
including improvised nuclear, chemical and biological
devices; and
``(K) similar or related items or components explosive in
nature.
``(2) The term `disposal' means, with respect to explosive
ordnance, the assessment, sampling, detection,
identification,
[[Page H4680]]
verification, field evaluation, defeat, disablement,
neutralization, or rendering-safe, war-head packaging,
recovery, exploitation, and final disposition of ordnance.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as amended by section 851, is
further amended by adding at end the following new section:
``2284. Explosive Ordnance Disposal Defense Program.''.
Amendment No. 83 Offered by Mr. Castro of Texas
At the end of subtitle E of title XII, add the following
new section:
SEC. 12_. HUMANITARIAN ASSISTANCE AND DISASTER RELIEF
EXERCISES CONDUCTED BY THE DEPARTMENT OF
DEFENSE IN THE INDO-PACIFIC REGION.
(a) Findings.--Congress finds the following:
(1) The Indo-Pacific region is home to over 60 percent of
the world's population and is prone to natural disasters
particularly due to its proximity to a geological vulnerable
region.
(2) The multilateral Pacific Partnership exercise, first
conducted in 2006 in response to the humanitarian and
disaster relief operations for the December 2004 Indian Ocean
earthquake and tsunami, involved the participation of 22
partner nations to improve the ability of each country to
conduct humanitarian assistance and disaster relief efforts.
(3) The Pacific Partnership is the largest annual
multilateral disaster preparedness mission conducted in the
Indo-Pacific region.
(4) The United States Agency for International Development,
including through its Office of Foreign Disaster Assistance,
leads and coordinates United States humanitarian efforts in
foreign countries and often partners with the Department of
Defense in responding to disasters.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Pacific Partnership, a civic and humanitarian
mission which the United States Navy's Pacific Fleet, in
conjunction with partner nations, nongovernmental
organizations, and other United States and international
governmental agencies conducts to strengthen alliances,
improves United States and partner capacity to deliver
humanitarian assistance and disaster relief and improves
security cooperation among the partner nations in the Indo-
Pacific region;
(2) the Department of Defense should continue to play a
role in response to requests for support in international
humanitarian assistance and disaster response drawing on its
unique capabilities, manpower, and forward-deployed
resources; and
(3) the Secretary of Defense should assess the United
States force posture in the Indo-Pacific region for future
Pacific Partnerships and work to expand engagements in the
entirety of the Indo-Pacific region if appropriate and if
applicable renaming the program as the ``Indo-Pacific
Partnership''.
(c) Briefing.--Not later than the end of the first full
fiscal year beginning after the date of enactment of this
Act, the Secretary of Defense shall provide to the
appropriate congressional committees a briefing on the
following:
(1) A description of humanitarian assistance and disaster
relief exercises conducted by the Department of Defense in
the Indo-Pacific region in the previous year that also
identifies the partner countries and militaries involved in
any such operations and exercises.
(2) A description of any planned humanitarian assistance
and disaster relief exercises for the following fiscal year
in the Indo-Pacific region.
(3) A description of any constraints on the ability of the
Department of Defense to conduct humanitarian assistance and
disaster relief exercises, including in resources.
(4) A description of any efforts undertaken by the
Secretary of Defense to ease operational burdens on the Armed
Forces of the United States to participate in humanitarian
assistance or disaster relief exercises, such as the pre-
positioning of equipment, inclusion of additional partners,
and inclusion of exercises that may ordinarily be conducted
independently of any humanitarian assistance operation or
exercise.
(d) Appropriate Congressional Committee Defined.--In
subsection (c), 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. 84 Offered by Mr. Thornberry of Texas
At the end of subtitle B of title III, insert the
following:
SEC. 3__. JOINT STUDY ON THE IMPACT OF WIND FARMS ON WEATHER
RADARS AND MILITARY OPERATIONS.
(a) In General.--The Secretary of Defense shall enter into
an arrangement with the National Oceanic and Atmospheric
Administration to conduct a study on the impact wind farms
have on weather radars and subsequently Department of Defense
operations and readiness.
(b) Elements.--The study required pursuant to subsection
(a) shall include the following:
(1) The potential impacts of wind farms on NEXRAD radars
and other Federal radars used by the Department of Defense,
the National Oceanic and Atmospheric Administration, and the
National Weather Service for weather forecasts and warnings.
(2) The subsequent impacts of wind farms on Department of
Defense aviation readiness, including--
(A) Department of Defense air traffic control radars;
(B) minimum vectoring altitudes, in particular around
military flight training bases;
(C) air-to-ground drop zones;
(D) air-to-ground bombing and test ranges;
(E) military operating areas that extend to the surface;
(F) military training routes;
(G) over-the-horizon radars; and
(H) Department of Defense weather radars.
(3) Examples of when interference from the wind farms has
affected the ability of the National Oceanic and Atmospheric
Administration to forecast or warn for dangerous weather.
(4) Recommendations to reduce, mitigate, or eliminate the
potential impacts.
(5) An analysis of the distance that wind turbines need to
be away from the radars to ensure no impact.
(6) Recommendations for addressing the impacts to NEXRADs
and weather radar due to increasing turbine heights.
(7) Recommendations to reduce or eliminate impacts of
existing wind turbines, including those projects that are
being repowered by developers to increase turbine heights.
(8) Recommendations to ensure wind farms do not impact the
ability of the National Oceanic and Atmospheric
Administration and the National Weather Service to warn or
forecast hazardous weather.
(9) The cumulative impacts of multiple wind farms near a
single radar on the ability of the National Oceanic and
Atmospheric Administration and the National Weather Service
to warn or forecast hazardous weather.
(10) Recommendations to reduce or eliminate the cumulative
impacts of multiple wind farms.
(11) An analysis of whether certain wind turbine projects,
based on project layout, turbine orientation, number of
turbines, density of turbines, proximity to radar, or turbine
height result in greater impacts to the missions of
Department of Defense, the National Oceanic and Atmospheric
Administration, and the National Weather Service, and if so,
how can those projects be better cited to reduce or eliminate
NEXRAD impacts.
(c) Submittal to Congress.--Not later than 12 months after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report on
the study conducted pursuant to subsection (a).
Amendment No. 85 Offered by Mr. Ben Ray Lujan of New Mexico
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 31__. INDEPENDENT ASSESSMENT OF PLUTONIUM STRATEGY.
(a) Statement of Policy.--It is the policy of the United
States that--
(1) Los Alamos National Laboratory is the Plutonium Science
and Production Center of Excellence for the United States;
and
(2) Los Alamos National Laboratory will produce a minimum
of 30 pits per year for the national pit production mission
and will implement surge efforts to exceed 30 pits per year
to meet Nuclear Posture Review and national policy.
(b) Independent Assessment.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded
research and development center to conduct an assessment of
the plutonium strategy of the National Nuclear Security
Administration. The assessment shall include--
(A) an analysis of the engineering assessment and an
analysis of alternatives;
(B) an assessment of the science and strategy of
retrofitting the facility for plutonium production, including
the cost, schedule, and feasibility of licensing; and
(C) an assessment of the strategy considered for
manufacturing up to 80 pits per year at Los Alamos through
the use of multiple labor shifts and additional equipment at
PF-4 until modular facilities are completed to provide a
long-term, single-labor shift capacity.
(2) Selection.--The Secretary may not enter into the
contract under paragraph (1) with a federally funded research
and development center for which the Department of Energy or
the National Nuclear Security Administration is the primary
sponsor.
(3) Submission.--Not later than April 1, 2019, the
federally funded research and development center shall submit
to the Secretary of Defense, the Administrator for Nuclear
Security, and the Nuclear Weapons Council a report containing
the assessment conducted under paragraph (1).
(4) Submission to congress.--Not later than April 15, 2019,
the Administrator shall submit to the congressional defense
committees the report under paragraph (3), without change.
(c) Report on Pit Production.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Energy shall submit to the congressional defense committees a
report on the plan for producing plutonium pits 31-80 at Los
Alamos, in case the MOX facility is not operational and
producing pits by 2030.
[[Page H4681]]
(d) Capital Development.--The Secretary of Energy shall
complete--
(1) by December 2020 a plan, including cost and impact to
on-going activities and operations, to reach 30 pits per year
at Los Alamos National Laboratory; and
(2) by September 2020 an updated CD-0 (Statement of Mission
Need) on the final plan for the national pit production.
(e) Briefing.--Not later than March 1, 2019, the Chairman
of the Nuclear Weapons Council and the Administrator for
Nuclear Security shall jointly provide to the Committees on
Armed Services of the House of Representatives and the
Senate, and to any other congressional defense committee upon
request, a briefing detailing the implementation plan for the
plutonium strategy of the National Nuclear Security
Administration, including milestones, accountable personnel
for such milestones, and mechanisms for ensuring transparency
into the progress of such strategy for the Department of
Defense and the congressional defense committees.
(f) Annual Certification.--Not later than April 1, 2019,
and each year thereafter through 2025, the Chairman of the
Nuclear Weapons Council shall submit to the Secretary of
Defense, the Administrator for Nuclear Security, and the
congressional defense committees a written certification that
the plutonium pit production plan of the National Nuclear
Security Administration is on track to meet--
(1) the military requirement of 80 pits per year by 2030;
(2) the statutory requirements for pit production timelines
under section 4219 of the Atomic Energy Defense Act (50
U.S.C. 2538a); and
(3) all milestones and deliverables described in the plan
under subsection (e).
(g) Failure to Certify.--
(1) NWC notification.--If in any year the Chairman is
unable to submit the certification under subsection (f), the
Chairman shall submit to the congressional defense
committees, the Secretary of Defense, and the Administrator
written notification describing why the Chairman is unable to
make such certification.
(2) NNSA response.--Not later than 180 days after the date
on which the Chairman makes a notification under paragraph
(1), the Administrator shall submit to the congressional
defense committees, the Secretary, and the Chairman a report
that--
(A) addresses the reasons identified in the notification
with respect to the failure to make the certification under
subsection (f); and
(B) includes presentation of either a concurrent backup
plan or a recovery plan, and the associated implementation
schedules for such plan.
Amendment No. 86 Offered by Mr. Biggs of Arizona
At the end of subtitle A of title XII, add the following
new section:
SEC. 12__. REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON
DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) in recognition of the growth in the economic and
military strength of United States allies which has occurred
since the commencement of applicable treaties or other mutual
security arrangements--
(A) the burdens of mutual defense now assumed by some
countries allied with the United States are not commensurate
with their economic resources or security environments;
(B) many United States allies have failed to consistently
meet their commitments and responsibilities;
(C) progress towards developing the necessary self-defense
capabilities to fulfill commitments and contribute to the
common defense has been disappointing at times; and
(D) the continued unwillingness of certain allied countries
to increase their contributions to the common defense to more
appropriate levels will endanger the vitality, effectiveness,
and cohesion of the alliances and partnerships between those
countries and the United States and increase risks to shared
peace and prosperity; and
(2) the President should seek from each ally or partner
country of the United States acceptance of international
security responsibilities and agreements to make
contributions to the common defense that are commensurate
with the economic resources and security environment of such
country, including, when appropriate, an increase in host
nation support.
(b) Report on Contributions by Allies.--
(1) In general.--Chapter 16 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 387. Report on annual defense spending by ally and
partner countries.
``(a) In General.--Not later than March 1, 2019, and
annually thereafter, the Secretary of Defense shall submit to
the appropriate congressional committees and to the Committee
on Oversight and Government Reform of the House of
Representatives a report that includes a description of--
``(1) the annual defense spending of each mutual defense
treaty ally and major non-NATO ally, including the nominal
budget figure and the share of such spending as a percentage
of the ally's gross domestic product, for the fiscal year
immediately preceding the fiscal year in which the report is
submitted;
``(2) the activities of each such ally in contributing to
military or stability operations in which the armed forces
participate;
``(3) any limitations that each such ally places on the use
of the armed forces of such ally for such military or
stability operations; and
``(4) any actions undertaken by the United States or other
countries to minimize or modify such limitations.
``(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
``(c) Definitions.--In this section:
``(1) Mutual defense treaty ally.--The term `mutual defense
treaty ally' means a country that is a party to a treaty of
mutual defense with the United States.
``(2) Major non-nato ally.--The term `major non-NATO ally'
means a country so designated pursuant to section 2350a or
section 517 of the Foreign Assistance Act of 1961.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 16 of such title is amended by inserting
after the item relating to section 386 the following new
item:
``387. Report on annual defense spending by ally and partner
countries.''.
Amendment No. 87 Offered by Ms. McSally of Arizona
At the end of subtitle H of title V, insert the following:
SEC. 573 AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE
CROSS TO JUSTIN T. GALLEGOS FOR ACTS OF VALOR
DURING OPERATION ENDURING FREEDOM.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitations with respect to
the awarding of certain medals to persons who served in the
Armed Forces, the Secretary of the Army may award the
Distinguished-Service Cross under section 3742 of such title
to Justin T. Gallegos for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Justin T. Gallegos on
October 3, 2009, as a member of the Army in the grade of
Staff Sergeant, serving in Afghanistan with the 61st Cavalry
Regiment, 4th Brigade Combat Team, 4th Infantry Division.
Amendment No. 88 Offered by Ms. Jackson Lee of Texas
At the end of subtitle F of title XII, add the following
new section:
SEC. 12__. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO
PROTECT UNITED STATES STUDENTS AGAINST FOREIGN
AGENTS.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing
to the congressional defense committees on the program
described in section 1277 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
including an assessment on whether the program is beneficial
to students interning, working part time, or in a program
that will result in employment post-graduation with
Department of Defense components and contractors.
Amendment No. 89 Offered by Ms. Jackson Lee of Texas
Page 543, insert after line 5 the following:
SEC. 1086. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO
PROVIDE SURVIVORS OF NATURAL DISASTERS WITH
EMERGENCY SHORT-TERM HOUSING.
Not later than 220 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report analyzing the
capacity of the Department of Defense to provide survivors of
natural disasters with emergency short-term housing.
Amendment No. 90 Offered by Ms. Jackson Lee of Texas
At the end of subtitle A of title XVI, add the following
new section:
SEC. 16__. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the risks posed by man-made space debris in low-earth
orbit, including--
(1) recommendations with respect to the remediation of such
risks; and
(2) outlines of plans to reduce the incident of such space
debris.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of
Representatives; and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
Amendment No. 91 Offered by Ms. Jackson Lee of Texas
At the end of subtitle A of title V, add the following:
SEC. ___. REPORT ON RATE OF MATERNAL MORTALITY AMONG MEMBERS
OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, and with respect to
members of the Coast Guard, the Secretary of the Department
in which the Coast Guard is operating when it is not
operating as a service in the Navy, shall submit to Congress
a report on the rate of maternal mortality among members of
the Armed Forces and the dependents of such members.
[[Page H4682]]
Amendment No. 92 Offered by Ms. Jackson Lee of Texas
Page 468, line 14, strike ``in'' and insert ``,
opportunities, and risks related to''.
The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Texas (Mr. Thornberry) and the gentleman from Washington (Mr.
Smith) each will control 10 minutes.
The Chair recognizes the gentleman from Texas.
Mr. THORNBERRY. Mr. Chairman, I have no speakers on this set of
amendments en bloc.
Mr. Chairman, I urge its adoption, and I yield back the balance of my
time.
{time} 1715
Mr. SMITH of Washington. Mr. Chairman, I, too, have no speakers on
this amendment. I urge adoption of the en bloc amendments, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Texas (Mr. Thornberry).
The en bloc amendments were agreed to.
Mr. THORNBERRY. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
LaMalfa) 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.
____________________